All Knowledge & Insights By Date

By Lynn L. Bergeson and Carla N. Hutton   On July 24, 2023, Senators Amy Klobuchar (D-MN), Joni Ernst (R-IA), Debbie Stabenow (D-MI), and Pete Ricketts (R-NE) introduced the Biomanufacturing and Jobs Act to strengthen the U.S. Department of Agriculture’s (USDA) BioPreferred program. According to Klobuchar’s July 24, 2023, press release, the bill would: Strengthen markets for farmers while also supporting well-paying manufacturing jobs; Allow the Secretary of Agriculture to set...

On July 20, 2023, the Senate voted 53 to 46 to confirm David Uhlmann to be Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) at the U.S. Environmental Protection Agency (EPA). As reported in our September 17, 2021, memorandum, Uhlmann was the Director of the Environmental Policy and Law Program at the University of Michigan Law School. Prior to academia, Uhlmann spent 17 years as a federal prosecutor, including seven years with the...

On May 18, 2023, Senator Alex Padilla (D-CA) and Representative Zoe Lofgren (D-CA) introduced the Supercomputing for Safer Chemicals (SUPERSAFE) Act (S. 1685, H.R. 3457). According to Padilla’s May 18, 2023, press release, the legislation would establish a SUPERSAFE Consortium led by the U.S. Environmental Protection Agency (EPA) “to identify chemicals that are safe to use in commerce through science-backed decision making.” The press release states that the bill would direct the use...

By Lynn L. Bergeson and Carla N. Hutton   On April 11, 2023, a bipartisan group of legislators led by Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) sent a letter to the U.S. Environmental Protection Agency (EPA), urging it to strengthen the Renewable Fuel Standard (RFS) by maintaining the blending requirements for 2023; denying all pending Small Refinery Exemptions (SRE); eliminating proposed retroactive cuts to the renewable volume obligations (RVO); and setting RFS volumes...

The Senate Committee on Environment and Public Works will hold a hearing on April 27, 2023, on “Impacts of Plastic Production and Disposal on Environmental Justice Communities.” Witnesses will include: Last week, Senators Tom Carper (D-DE), Chair of the Committee and Co-Chair of the Senate Recycling Caucus, Shelley Moore Capito (R-WV), Ranking Member of the Committee, and John Boozman (R-AR), also a member of the Committee, reintroduced two pieces of bipartisan legislation focused on...

By Lynn L. Bergeson and Carla N. Hutton   The Senate Committee on Environment and Public Works held a hearing on February 15, 2023, on “The Future of Low Carbon Transportation Fuels and Considerations for a National Clean Fuels Program.” The Committee heard from the following witnesses: Michael J. Graff, Chair and Chief Executive Officer (CEO), American Air Liquide Holdings Incorporated; Geoff Cooper, President and CEO, Renewable Fuels Association; and Chris Spear, President and...

By Lynn L. Bergeson and Carla N. Hutton   On July 26, 2022, Senators Chuck Grassley (R-IA) and Joni Ernst (R-IA) introduced the bipartisan and bicameral Next Generation Fuels Act (S. 4621), which would aim to leverage higher-octane fuels to improve engine efficiency and performance. According to Grassley’s July 26, 2022, press release, allowing the sale of fuels with greater octane levels would increase the amount of ethanol that can be used in the fuel...

On June 22, 2022, the Senate Committee on Environment and Public Works will hold a hearing on “Toxic Substances Control Act Amendments Implementation.” This coincides with the sixth anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) that amended the Toxic Substances Control Act (TSCA). The only witness scheduled is Michal Freedhoff, Ph.D., Assistant Administrator of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety...

By Lynn L. Bergeson  The Senate Committee on Environment and Public Works held a hearing on April 6, 2022, on the U.S. Environmental Protection Agency’s (EPA) proposed fiscal year (FY) 2023 budget. The only witness was EPA Administrator Michael S. Regan. In his written testimony, Regan states that EPA has significant responsibilities under amendments to the Toxic Substances Control Act (TSCA) to ensure the safety of chemicals in or entering commerce and addressing unreasonable...

By Lynn L. Bergeson  On January 31, 2022, U.S. Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) and 12 of their colleagues submitted a letter to EPA Administrator, Michael Regan, regarding EPA’s RFS Annual Rules and Proposed RFS Small Refinery Exemption Decision. In the bipartisan letter, Senators Klobuchar and Grassley and their colleagues urge EPA to prioritize the RFS in support of a “homegrown energy future” by: Maintaining the blending requirements for...

By Lynn L. Bergeson  On February 16, 2022, EPW held a hearing to examine EPA’s RFS program. U.S. Senator and EPW Chairman, Tom Carper (D-DE), made the opening statement, highlighting that EPW had not held an oversight hearing on the RFS since 2016. While Senator Carper demonstrated continued support for the RFS program, he also noted that “[f]or example, the amount of advanced renewable fuel used today in this country is far less than the 36...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.  On February 22, 2022, U.S. Senator and Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, Debbie Stabenow (D-MI), and U.S. Senator and Committee member, Amy Klobuchar (D-MN), sent a letter to the U.S. Secretary of Agriculture, Tom Vilsack, requesting improvements to the United States’ biobased economy. Senators Stabenow and Klobuchar’s request focuses particularly on the U.S....

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.  On February 22, 2022, U.S. Senator and Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, Debbie Stabenow (D-MI), and U.S. Senator and Committee member, Amy Klobuchar (D-MN), sent a letter to the U.S. Secretary of Agriculture, Tom Vilsack, requesting improvements to the United States’ biobased economy. Senators Stabenow and Klobuchar’s request focuses particularly on the U.S....

By Lynn L. Bergeson  On January 27, 2022, U.S. Senator Shelley Moore Capito (R-WV), Ranking Member of the Senate Environment and Public Works (EPW) Committee, and 14 of her colleagues submitted a letter to the U.S. Environmental Protection Agency (EPA) Administrator, Michael Regan, requesting that EPA reconsider its proposed actions under the Renewable Fuel Standard (RFS) program through the RFS Annual Rules and the Proposed RFS Small Refinery Exemption Decision. Senator Capito and her...

By Lynn L. Bergeson On September 15, 2021, the Senate Committee on Environment and Public Works held a hearing on several U.S. Environmental Protection Agency (EPA) nominees, including Amanda Howe, nominated for Assistant Administrator for Mission Support, and David Uhlmann, nominated for Assistant Administrator for Enforcement and Compliance Assurance. Amanda Howe has a long history of public service, including such roles as the Chief Operating Officer for the now-Vice President, Kamala...

On June 14, 2021, the Senate confirmed by voice vote Michal Freedhoff to be the Assistant Administrator for Chemical Safety and Pollution Prevention of the U.S. Environmental Protection Agency (EPA). As reported in our January 22, 2021, blog item, Freedhoff was onboarded in January 2021 as Principal Deputy Assistant Administrator for Chemical Safety and Pollution Prevention. On April 14, 2021, President Joseph Biden nominated Freedhoff for Assistant Administrator for Chemical Safety and...

By Lynn L. Bergeson and Carla N. Hutton   On June 14, 2021, the Senate confirmed by voice vote Michal Freedhoff to be the Assistant Administrator for Chemical Safety and Pollution Prevention of the U.S. Environmental Protection Agency (EPA). As reported in our January 22, 2021, blog item, Freedhoff was onboarded in January 2021 as Principal Deputy Assistant Administrator for Chemical Safety and Pollution Prevention. On April 14, 2021, President Joseph Biden nominated Freedhoff for...

By  Lynn L. Bergeson    On May 25, 2021, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the bipartisan Renewable Fuel Standard (RFS) Integrity Act of 2021. Aiming to provide more certainty to rural America, this legislation would require that small refineries petition for RFS hardship exemptions by June 1 of each year. According to Senator Fischer, the RFS Integrity Act of 2021 would ensure that the U.S. Environmental Protection Agency (EPA) properly...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On May 25, 2021, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) and House Representatives Randy Feenstra (R-IA), Ashley Hinson (R-IA), and Mariannette Miller-Meeks (R-IA) joined forces in a letter to urge President Biden to uphold his promise to support biofuels in the next four years. Criticizing President Biden’s efforts under the American Jobs Plan for failing to include investments in biofuels, the...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On April 5, 2021, U.S. Senators Amy Klobuchar (D-MN) and Joni Ernst (R-IA), introduced a $500 million bill on biofuels infrastructure.  The bill, titled the Renewable Fuel Infrastructure Investment and Market Expansion Act, would create a grant program to aid fuel retailers in streamlining sales of fuels with higher ethanol blends.  These infrastructure grants would be available for five years.  Senator Klobuchar...

By Lynn L. Bergeson  On August 4, 2020, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) voted against Mark Menezes, who is nominated to become Deputy Secretary of Energy. In a statement, both Senators said that “[g]iven the uncertainty with the ‘gap year’ small refinery waivers, the wasted time and resources to score the waivers again, the lack of transparency in the entire process, and most importantly, the toll this has taken on Iowa’s...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 23, 2020, the National Defense Authorization Act (NDAA) was passed by the U.S. Senate; it includes the bipartisan Sustainable Chemistry Research and Development Act of 2019, led by U.S. Senators Chris Coons (D-DE) and co-sponsored by Senators Susan Collins (R-ME), Amy Klobuchar (D-MN), and Shelley Moore Capito (R-WV). Introduced to the Senate in December 2019, the Sustainable Chemistry Research and Development Act of 2019...

By Lynn L. Bergeson On May 21, 2020, U.S. Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) introduced a bill directing the U.S. Department of Agriculture (USDA) Secretary to establish a renewable feedstock reimbursement program. Aiming to support biofuel producers that have been negatively affected by the COVID-19 pandemic, this bill can be cited as the Renewable Fuel Feedstock Reimbursement Act of 2020. Under the reimbursement program, biofuel producers will be reimbursed for their...

By Lynn L. Bergeson On May 15, 2020, U.S. Senators Cory Gardner (R-CO), Kirsten Gillibrand (D-NY), Ed Markey (D-MA), and Marco Rubio (R-FL) introduced the Bioeconomy Research and Development Act of 2020, creating a federal research initiative to ensure continued United States leadership in engineering biology. The National Engineering Biology Research and Development Initiative would focus on the advancement of societal well-being, national security, sustainability, and economic productivity and...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On April 6, 2020, 15 United States Senators submitted a bipartisan letter to the U.S. Department of Agriculture (USDA) Secretary, Sonny Perdue, requesting the use of its authority to assist the biofuels industry’s economic circumstances brought by the COVID-19 pandemic. Highlighting the negative impacts of the pandemic on farmers and producers who will bear the impact of the decrease in consumption, in the letter, the Senators...

By Lynn L. Bergeson On February 11, 2020, U.S. Senator Tom Udall (D-NM), U.S. Representative Alan Lowenthal (D-CA), U.S. Senator Jeff Merkley (D-OR), and U.S. Representative Katherine Clark (D-MA) introduced a bill that would phase out unnecessary single-use plastic products: Break Free From Plastic Pollution Act of 2020. The legislation would also hold corporations accountable for wasteful products, reform the broken waste and recycling collection system, and reduce wasteful packaging....

On June 20, 2019, Senators Tom Udall (D-NM), Cory Booker (D-NJ), Ed Markey (D-MA), Jeff Merkley (D-OR), and Sheldon Whitehouse (D-RI) sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler requesting information on EPA’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act).  The letter notes that the Lautenberg Act was intended to enact reforms addressing “longstanding structural problems” with...

By Lynn L. Bergeson On June 14, 2019, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the Renewable Fuel Standard (RFS) Integrity Act of 2019. This Act aims at increasing transparency and predictability to the U.S. Environmental Protection Agency’s (EPA) small refinery exemption process under the RFS program. Requiring small refineries to petition for exemptions by June 1 of each year, according to the two leaders, this legislation would hold EPA accountable for...

The Appropriations Bill that is expected to be signed into law on February 15, 2019, provides funding for the rest of Fiscal Year (FY) 2019 and averts another federal government shutdown.  It does not, however, include either an extension of the Pesticide Registration Improvement Extension Act (PRIA 3) or Reauthorization, widely referred to as PRIA 4.  This omission was a surprise to industry and to the U.S. Environmental Protection Agency (EPA).  On February 13, 2019,...

By Lynn L. Bergeson On August 23, 2018, U.S. Senators Patty Murray (D-WA), Roy Blunt (R-MO), and 37 others submitted a bipartisan letter, asking the U.S. Environmental Protection Agency (EPA) to increase the renewable volume obligations under the Renewable Fuel Standard (RFS) as proposed by EPA in June 2018. Under the aforementioned proposed RFS, EPA would raise the advanced biofuel volume for 2019 to 4.88 billion gallons and the biomass-based diesel volume for 2020 to...

By Lynn L. Bergeson On August 1, 2018, the U.S. Senate Committee on Environment and Public Works (EPW Committee) held a hearing entitled “Examining EPA’s Agenda:  Protecting the Environment and Allowing America’s Economy to Grow.”  Testifying at the hearing was Andrew Wheeler, the U.S. Environmental Protection Agency’s (EPA) Acting Administrator.  Witness testimony and an archive of the hearing are available online.  The hearing was intended...

By Lynn L. Bergeson On July 30, 2018, Senators Susan Collins (R-ME) and Chris Coons (D-DE) reintroduced their sustainable chemistry bill, the Sustainable Chemistry Research and Development Act of 2018 (S. 3296).  This bill encourages the development of new and innovative chemicals, products and processes with an improved “environmental footprint” through efficient use of resources, reducing or eliminating exposure to hazardous substances, or otherwise minimizing harm to...

On January 30, 2018, the Senate Committee on Environment and Public Works (EPW) convened an Oversight Hearing to Receive Testimony from U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt.  In a written statement submitted in advance of the hearing, Pruitt described implementation of the new Frank R. Lautenberg Chemical Safety for the 21st Century Act, or the “new” Toxic Substances Control Act (TSCA), as being of “significant importance” and a “top...

The Hill, “Senate Moves Toward Confirming Trump EPA Air Nominee” Bloomberg Politics, “U.S. Subpoenas Icahn Over Biofuel Action While Trump Adviser” Newsweek, “Scientists Work To Make Better Plastics From Sunlight” University of Delaware, “Research Aims To Help Renewable Jet Fuel Take Flight”...

By Lauren M. Graham, Ph.D. On October 18, 2017, Senator Debbie Stabenow (D-MI) introduced to the Senate the Renewable Chemicals Act of 2017 (S. 1980), which aims to establish a short-term tax credit for the production of renewable chemicals and for investment in renewable chemical production facilities.  If enacted, the legislation would allow taxpayers to claim a production credit equal to $0.15 per pound of biobased content of each renewable chemical produced.  In lieu of the...

By Kathleen M. Roberts On October 19, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senators Joni Ernst (R-IA), Charles Grassley (R-IA), Pat Roberts (R-KS), John Thune (R-SD), Mike Rounds (R-SD), Deb Fischer (R-NE), and Ben Sasse (R-NE) to confirm his commitment to support the spirit and the letter of the Renewable Fuel Standard (RFS) program.  In the letter, Pruitt stated that, following a detailed analysis, numerous stakeholder...

By Kathleen M. Roberts On September 28, 2017, the Senate Committee on Agriculture, Nutrition, and Forestry held a hearing titled “Rural Development and Energy Programs: Perspectives for the 2018 Farm Bill” to gather stakeholder input regarding the programs under the Farm Bill that are working or need improvement.  In his opening statement, Committee Chair Pat Roberts (R-KS) stated that it is critical for the next Farm Bill to support renewable energy and biobased product...

By Kathleen M. Roberts On June 12, 2017, 28 companies representing the advanced and cellulosic biofuel industry sent a letter to the members of the Senate Environment and Public Works Committee  requesting their support for the Consumer and Fuel Retailer Choice Act (S. 517), which is scheduled to be marked up in the Environment and Public Works Committee before the August recess.  The letter claims that the Act, which would extend the Reid Vapor Pressure (RVP)...

By Kathleen M. Roberts On May 9, 2017, Senator Elizabeth Warren (D-MA), along with seven additional Democratic Senators, sent a letter to the Securities and Exchange Commission (SEC), the U.S. Environmental Protection Agency (EPA), and the Commodities Futures Trading Commission (CFTC) requesting an investigation into the activities of Carl Icahn for potential insider trading, market manipulation, and other securities and commodities law violations in the renewable fuel credit market. ...

By Lauren M. Graham, Ph.D. On April 26, 2017, a bipartisan bill was introduced in the U.S. Senate to reform the biodiesel tax credit and extend the new policy for three years.  The American Renewable Fuel and Job Creation Act of 2017, which was sponsored by Senator Chuck Grassley (R-IA), Senator Maria Cantwell (D-WA), and 14 other senators, transfers the $1 gallon tax credit from the blenders to the producers of biofuels to ensure that it...

On March 28, 2017, Senators Chris Coons (D-DE), Shelley Moore Capito (R-WV), Steve Daines (R-MT), and Gary Peters (D-MI) announced that they will serve as co-chairs of the newly formed Senate Chemistry Caucus.  Senators John Boozman (R-AR), Joe Donnelly (D-IN), John Neely Kennedy (R-LA) and Joe Manchin (D-WV) have also agreed to join the Caucus.  Senator Coons’ press release states that the Senate Chemistry Caucus will provide “a bipartisan forum for Senators to work together...

A post from the Environmental Law Institute's "Vibrant Environment" Blog By Lynn L. Bergeson The last thing the push for TSCA reform needs is another delay, and Senator Paul's unexpected interest in H.R. 2576 has caused just that. Under typical circumstances, a Member's focused interest in legislation is refreshing, and as today highlights, entirely too infrequent. In this instance, the circuitous road to TSCA reform is anything but typical—the complexity of the...

On April 5, 2016, the biofuel trade associations Advanced Biofuels Business Council, Algae Biomass Organization, Biotechnology Innovation Organization (BIO), Growth Energy, National Biodiesel Board, and Renewable Fuels Association sent a letter to House and Senate Leaders asking for a multiyear extension of advanced biofuel tax credits. The six organizations are specifically asking that the Second Generation Biofuel Producer Tax Credit, the Special Depreciation Allowance for Second Generation...

On May 11, 2015, Senators Joe Manchin (D-WV) and Heidi Heitkamp (D-ND) introduced S. 1282 — a bill to amend the Energy Policy Act of 2005 to require the Secretary of Energy to consider the objective of improving the conversion, use, and storage of carbon dioxide (CO2) produced from fossil fuels in carrying out research and development (R&D) programs under that Act. The bill represents a broad recognition of the importance of algae and other...

Nearly 30 Democratic Senators participated in an all-night session from the evening of March 10, 2014, through the morning on March 11, 2014, to highlight the need for action to combat the harmful effects of climate change. This session was the first major act of the Senate Climate Action Task Force, which was formed earlier this year by Senators Barbara Boxer (D-CA) and Sheldon Whitehouse (D-RI) to urge action on the issue. The all-night session...

In a March 15, 2007, letter, the Senate Committee on Commerce, Science, and Transportation and the Congressional Nanotechnology Caucus requested that the Government Accountability Office (GAO) review the National Nanotechnology Initiative (NNI), which was created to accelerate the discovery, development, and deployment of nanoscale science and technology. For fiscal year 2006, NNI received $1.2 billion in research and development funding, and 22 federal agencies, including the...