Blogs

On June 30, 2025, the Pesticide Action and Agroecology Network North America (PANNA) and several other non-governmental organizations (together, Petitioner) filed a Petition for Writ of Mandamus (Mandamus Petition) in the U.S. Court of Appeals for the Ninth Circuit to seek an order directing the U.S. Environmental Protection Agency (EPA) to act on a 2021 Petition to revoke all food tolerances and cancel registrations for organophosphate (OP) pesticides (OP Petition). The Mandamus Petition was...

As reported in our May 14, 2025, blog item, on May 12, 2025, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) seeking to prohibit the use of hydrogen fluoride in domestic oil refining through a TSCA Section 6(a) rulemaking. The Natural Resources Defense Council (NRDC) announced on July 9, 2025, that after EPA denied their petition, community and environmental non-governmental organizations (NGO) filed suit in the...

The National Academies of Sciences, Engineering, and Medicine (NASEM) will hold a webinar on July 17, 2025, on “Nanotechnology R&D Infrastructure: Then and Now.” NASEM states that in the two decades since the authorization of the National Nanotechnology Initiative (NNI), the United States has become a global leader in the field with world-class research and development (R&D) infrastructure, but asks what new capabilities are needed to support emerging technologies. The webinar will...

On June 23, 2025, the White House Office of Science and Technology Policy (OSTP) announced that it issued agency guidance for implementing Gold Standard Science in the conduct and management of scientific activities. As reported in our June 5, 2025, memorandum, on May 27, 2025, President Trump signed an Executive Order (EO) on “Restoring Gold Standard Science.” The EO restores the scientific integrity policies of the first Trump Administration and “ensures that agencies practice data...

Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator for Pesticides at the U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Since February 2020, Kunkler has been directing government affairs for the American Soybean Association (ASA) in Washington, D.C., with a focus on the biotech and crop protection portfolio. Kunkler, before joining ASA, spent three years with the Biotechnology Innovation Organization (BIO), managing...

On July 9, 2025, the U.S. Environmental Protection Agency (EPA) withdrew proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 18 chemical substances that were the subject of premanufacture notices (PMN) and a subsequent TSCA Order. 90 Fed. Reg. 30216. EPA states that it is withdrawing the proposed SNURs because it withdrew the 2022 TSCA Order that was the basis of the rules on December 18, 2024. As reported in our April 17, 2023, blog item, in April 2023,...

On June 30, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled 2D Titanium Carbide MXenes: Case Study Report on Advanced Materials. Within OECD’s Working Party on Manufactured Nanomaterials (WPMN), the Steering Group on Advanced Materials conducted a case study on the potential issues of 2D titanium carbide MXenes. The report describes MXenes as “a group of [two-dimensional (2D)] advanced materials composed of transition metal carbides or...

As reported in our June 28, 2025, blog item, on June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final risk management rule regulating chrysotile asbestos under the Toxic Substances Control Act (TSCA) be held in abeyance for an additional six months. Texas Chemistry Council, et al. v. EPA, No. 24-60193. According to the filing, EPA intended to initiate a new...

On June 23, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effective date of certain regulatory provisions of its December 17, 2024, final risk management rule for trichloroethylene (TCE) until August 19, 2025. 90 Fed. Reg. 26453. As reported in our April 15, 2025, blog item, after EPA issued the final rule in December 2024, it received multiple petitions for an administrative stay of the effective date. EPA denied the requests, and the companies submitted...

The U.S. Food and Drug Administration (FDA) announced on June 18, 2025, the release of its proposed method for ranking chemicals in the food supply. According to the document, the systematic post-market assessment of food chemicals consists of the following steps: signal detection, triage, prioritization, scoping, scientific assessment (safety, risk, and/or hazard), risk management review, and risk management action. FDA states that it will publish a full description of the process later in 2025...

On June 6, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it has prepared a revised draft environmental impact statement (EIS) and revised draft plant pest risk assessment (PPRA) evaluating the potential environmental impacts and plant pest risk that may result from the approval of a petition for nonregulated status for blight-tolerant American chestnut (Castanea dentata) from the State University of New York College of...

On June 16, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a final rule making technical amendments to the Code of Federal Regulations (C.F.R.) to conform the C.F.R. to the U.S. District Court for the Northern District of California’s vacatur of USDA’s May 2020 final rule for organisms developed using genetic engineering. 90 Fed. Reg. 25123. The rule was effective June 16, 2025. As reported in our May 18, 2020, memorandum, the...

The National Security Commission on Emerging Biotechnology (NSCEB) announced on July 1, 2025, that it is gathering input to modernize U.S. biotechnology product regulation and create simpler, faster, science-based pathways to market. According to NSCEB, this input will guide follow-on work to its April 2025 report, which called for streamlining regulation of biotechnology products. NSCEB seeks “concrete, actionable ideas across sectors, including defense, industrial products, food,...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it received a petition from Ishihara Sangyo Kaisha, Limited seeking a determination of nonregulated status for ISK-311NR-4 Phalaenopsis (moth orchid) that has been developed using genetic engineering to produce a blue-purple flower color. 90 Fed. Reg. 23666. According to APHIS, the petition states that the information provided indicates that ISK-311NR-4 Phalaenopsis is unlikely to pose...

On June 20, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Per- and Polyfluoroalkyl Substances (PFAS) and Alternatives in Hydraulic Oils and Lubricants: Report on Commercial Availability and Current Uses. The report examines the commercial availability and current uses of PFAS and non-PFAS alternatives in lubricants and hydraulic oils within the framework of the Global PFAS Group. OECD notes that it considered publicly available information...

On June 11, 2025, the Nanotechnology Industries Association (NIA) published a position paper entitled Bridging the Governance Gap: Divergent EU Approaches to Nano and Advanced Materials that highlights industry challenges with divergent approaches to nano and advanced materials in the European Union (EU). NIA notes that the EU “is at a critical juncture in the approach that it takes towards nano and other advanced materials.” According to NIA, with the European Commission’s (EC)...

On June 26, 2025, the California Department of Pesticide Regulation (DPR) issued California Notice 2025-08 announcing that pesticide registrants may add or revise multilingual translation of its labels by non-notification. With this change, DPR now is consistent with the U.S. Environmental Protection Agency’s (EPA) decision to allow pesticide registrants to add the required Spanish-translated sections on its labels by non-notification as part of the Spanish translation requirements under the...

On June 26, 2025, Representatives Chrissy Houlahan (D-PA) and Stephanie Bice (R-OK) announced the formation of the BIOTech Caucus. According to Houlahan’s June 26, 2025, press release, the Caucus’ mission “is to advance bipartisan policy solutions to keep the United States at the forefront of global biotechnology leadership, to engage and learn from sector leaders, and to build awareness and bioliteracy among Members of Congress.” Joining Co-Chairs Houlahan and Bice on the BIOTech Caucus...

On June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final rule regulating chrysotile asbestos under the Toxic Substances Control Act (TSCA) be held in abeyance for an additional six months. According to the filing, EPA intends to initiate a new notice-and-comment rulemaking to reconsider certain provisions of the rule. The litigation, Texas Chemistry Council, et al. v. EPA,...

This week the Minnesota Pollution Control Agency (MPCA) posted Parts One and Two of its response to pre-hearing and hearing comments. Part One states that 67 commenters submitted written comments on the April 2025 proposed rule. During the May 22, 2025, hearing on the proposed rule, 11 stakeholders presented verbal testimony. According to the document, MPCA has reviewed the comments and “has identified some parts of the proposed rule that require clarification, or that the agency would...

On July 1, 2025, the National Academies of Sciences, Engineering, and Medicine (NASEM) will hold a workshop session on transformative science and technology for the U.S. Department of Defense (DOD), “Synthetic Biology for Biomanufacturing and Predictable Engineering.” NASEM states that “[a]dvances in biotechnology and biomanufacturing are essential for the United States to maintain global leadership as well as for supporting economic and national security interests.” The workshop session...

On June 12, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of updated refined interim core maps that identify areas that EPA states are important to 12 threatened or endangered (listed) species and their critical habitats as designated by the U.S. Fish and Wildlife Service (FWS). These refined interim maps are based on information developed by FWS and were developed by EPA’s Office of Pesticide Programs (OPP), the Center for Biological Diversity (CBD), and...

On June 13, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that its Biotechnology Regulatory Services (BRS) has launched an updated Pre-Application Questionnaire that will replace the BRS Permitting Assistant in APHIS eFile. According to APHIS, applicants using APHIS eFile will experience: An interface that leads applicants through a series of questions to determine if their application qualifies for a notification or if a permit...

The U.S. Department of Agriculture (USDA) has been around for more than 150 years, stressing the importance of American agriculture to a bountiful food production system since Abraham Lincoln first signed it into being in 1862. Lincoln himself, in fact, in his 1864 final annual message to Congress, christened USDA “the people’s Department,” just before commending it “to the continued attention and fostering care of Congress.” From industrialization to the mechanization of farming,...

The U.S. Environmental Protection Agency (EPA) provided on update on June 18, 2025, on the status of the December 2024 Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE). According to EPA, it is postponing until August 19, 2025, certain requirements already postponed in March 2025. EPA notes that these requirements relate only to the TSCA Section 6(g) exemptions in the final TCE rule. According to EPA, “[t]his will ensure that the timing of EPA’s...

The Clean Air Act (CAA) requires the U.S. Environmental Protection Agency (EPA) to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. On June 17, 2025, EPA proposed the applicable volumes and percentage standards for 2026 and 2027 for cellulosic biofuel, biomass-based diesel (BBD), advanced biofuel, and total renewable fuel. 90 Fed. Reg. 25784. EPA notes that the proposed rule also includes a number of regulatory...

On June 16, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of the draft charge questions for discussion at the upcoming Science Advisory Committee on Chemicals (SACC) meeting to review all documents released thus far on the risk evaluations of five phthalates. SACC will review the draft risk evaluations for dibutyl phthalate (DBP), di(2-ethylhexyl) phthalate (DEHP), and dicyclohexyl phthalate (DCHP), as well as cross-cutting documents related to DBP, DEHP, DCHP, butyl...

As reported in our May 13, 2025, blog item, on March 24, 2025, PPG Industries, Inc. (PPG) submitted a petition seeking an amendment to the U.S. Environmental Protection Agency’s (EPA) December 2024 final risk management rule for trichloroethylene (TCE). PPG requested an amendment to the exemption for the industrial and commercial use of TCE as a processing aid for specialty polymeric microporous sheet materials manufacturing that would allow PPG to meet an interim existing chemical exposure...

The Washington Department of Ecology (WDOE) issued a proposed rule on June 4, 2025, that would regulate per- and polyfluoroalkyl substances (PFAS) in certain consumer products. Beginning January 1, 2027, the proposed rule would prohibit the intentional use of PFAS in: Apparel and accessories; Automotive washes; and Cleaning products. The proposed rule states that WDOE would presume the detection of total fluorine indicates the intentional addition of PFAS. Manufacturers would be able to rebut...

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of Loper Bright. The U.S. Supreme Court’s June 2024 decision in Loper Bright Enterprises v. Raimondo offered a new response to a long-standing question under administrative law: if an agency and a reviewing court’s interpretations of a federal statute...

On June 5, 2025, the Joint Economic Committee (JEC) of the U.S. Congress convened a hearing titled “Barriers to Supply Chain Modernization and Factor Productivity Enhancements.” Throughout the hearing, members and witnesses alike underscored the role of “regulatory friction” -- especially in the form of fragmented and unpredictable requirements -- as a key factor slowing investment in domestic manufacturing and threatening supply chain resilience. While the U.S. Environmental Protection...

On May 22, 2025, the U.S. Department of Health and Human Services (HHS) announced the release of a new federal report, Making Our Children Healthy Again (MAHA Assessment) issued by the Make America Healthy Again (MAHA) Commission. The MAHA Commission was established by Executive Order (EO) 14212 to: (a) study the scope of the childhood chronic disease crisis and any potential contributing causes, including the American diet, absorption of toxic material, medical treatments, lifestyle,...

On May 27, 2025, the American Chemistry Council (ACC) petitioned the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) to reconsider the final risk management rule for trichloroethylene (TCE). ACC requests that EPA reconsider and amend two provisions of the rule: Revise the byproduct exclusion in 40 C.F.R. Section 751.301(c) by removing the “site-limited” restriction that requires byproduct TCE to be reused as a “part of the same overall...

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform -- Nine Years Later” on June 25, 2025, from 8:30 a.m. – 4:30 p.m. (EDT). This complimentary virtual conference marks the ninth Toxic Substances Control Act (TSCA) Annual Conference. As with our previous TSCA events, a stellar faculty of speakers from government, non-governmental organizations,...

The U.S. Environmental Protection Agency (EPA) issued a final rule on June 9, 2025, that extends the reporting deadlines for a rule under Section 8(d) of the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) of 16 chemicals to report data from unpublished health and safety studies to EPA. 90 Fed. Reg. 24228. EPA notes that these health and safety studies “will help inform EPA’s prioritization, risk evaluation, and risk management of chemicals under TSCA. ”...

The European Commission (EC) began a call for evidence on May 14, 2025, for an impact assessment of the European Biotech Act. The EC states that the overall objective is to improve the size and competitiveness of the biotechnology sector in the European Union (EU) while maintaining high safety standards. The new European Biotech Act will aim to ensure that the EU makes the most of the biotechnology revolution for the benefit of society, the environment, and the economy, while making it easier to...

On March 20, 2025, House Republicans passed the “Big Beautiful Bill” (BBB) as part of H.R. 1, a sweeping legislative package that includes dramatic rollbacks of many of the clean energy tax credits established under the Inflation Reduction Act (IRA). While the bill has little chance of advancing in the Senate in its current form, its proposed cuts offer a window into shifting political priorities and could have significant implications for the U.S. clean energy manufacturing sector. Subtitle...

President Trump’s fiscal year (FY) 2026 budget request for the Chemical Safety and Hazard Investigation Board (CSB) states that the President’s budget proposes to eliminate funding for CSB as part of the Trump Administration’s plans “to move the Nation towards fiscal responsibility and to redefine the proper role of the Federal Government.” The President’s budget request proposes $0 for CSB in FY 2026 with the expectation that CSB begin closing down during FY 2025. CSB’s emergency...

On June 3, 2025, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) began a public comment period on a draft plant pest risk assessment (PPRA) and draft environmental assessment (EA) regarding a petition from Bayer U.S.-Crop Science seeking a determination of nonregulated status for maize (corn) event MON 95379 that was developed “using genetic engineering to produce two insecticidal proteins to protect against feeding damage caused by target lepidopteran...

On June 5, 2025, the House Science and Technology Subcommittees on Energy and on Research and Technology will hold a joint hearing on “Pursuing the Golden Age of Innovation: Strategic Priorities in Biotechnology.” The Subcommittees will hear from the following witnesses: Dr. Drew Endy, Hoover Institution Science and Senior Fellow, Martin Family Fellow in Undergraduate Education for Bioengineering, Stanford University; Ms. Deborah Gracio, Associate Lab Director, National Security Directorate,...

On May 27, 2025, the U.S. Department of Defense (DOD) issued a request for information (RFI) to gather information to identify and assess critical applications for DOD and the defense industrial base (DIB) that necessitate the use of existing chemicals undergoing the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. The RFI states that it will help the Office of the Assistant Secretary of Defense for Energy, Installations, and...

In response to President Trump’s February 13, 2025, Executive Order (EO) 14212, “Establishing The President’s Make America Healthy Again Commission,” the White House issued part of what is being called “The MAHA Report” (with MAHA an acronym for Make America Healthy Again), entitled “Make Our Children Healthy Again: Assessment” (the Assessment) on May 22, 2025. Section One of the Assessment, “The Shift to Ultra-Processed Foods,” includes the Commission’s thoughts on the...

On May 30, 2025, the U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced that it “removed barriers to domestic bioenergy production by updating its 45ZCF-GREET modeling tool to account for new feedstocks and methods of production, including ethanol from corn wet-milling and natural gas from coal-mine methane.” According to BETO, these measures will allow a wider range of farmers and companies to do business in the alternative fuels market. BETO notes that the U.S....

On May 15, 2025, the Center for Environmental Accountability (CEA) filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) reconsider the 2024 final rule regarding procedures for chemical risk evaluation under TSCA and initiate a rulemaking to amend certain provisions in 40 C.F.R. Part 702, subpart B. According to CEA, the current process “has led to overly conservative risk conclusions and, in turn,...

As reported in our May 4, 2025, blog item, on May 2, 2025, a coalition of chemical companies petitioned the U.S. Environmental Protection Agency (EPA) for an amendment of the Toxic Substances Control Act (TSCA) Section 8(a)(7) rule requiring reporting for per- and polyfluoroalkyl substances (PFAS). The petitioners ask that EPA revise the reporting rule to exclude imported articles, research and development (R&D) materials, impurities, byproducts, non-isolated intermediates, and PFAS...

On May 20, 2025, the National Academies of Sciences, Engineering, and Medicine (NASEM) announced the release of a report entitled Quadrennial Review of the National Nanotechnology Initiative (2025): Securing U.S. Global Leadership Through Renewed and Expanded Infrastructure. Requested by Congress as part of the 21st Century Nanotechnology Research and Development Act, the report focuses on the infrastructure of the National Nanotechnology Initiative (NNI). The Committee on the Quadrennial Review...

On May 7, 2025, Representatives Nikki Budzinski (D-IL) and Zach Nunn (R-IA) introduced the Agricultural Biorefinery Innovation and Opportunity Act (Ag BIO Act) (H.R. 3253), a bipartisan bill that would support the biofuel economy. According to Budzinski’s May 8, 2025, press release, the bill would update the U.S. Department of Agriculture’s (USDA) Section 9003 program to expand access to grants, streamline loan guarantees, and provide $100 million in mandatory funding over five years. The...

On May 20, 2025, the U.S. Environmental Protection Agency (EPA) released a proposed rule that would extend certain compliance dates in the final risk management rule for methylene chloride under the Toxic Substances Control Act (TSCA) “to ensure long-term compliance with the rule’s requirements.” The proposed rule would extend the Workplace Chemical Protection Program (WCPP) compliance dates for non-federal laboratories by an additional 18 months to align with the dates allowed for federal...

On May 15, 2025, the U.S. Food and Drug Administration (FDA) announced the launch of “a stronger, more systematic review process for food chemicals already on the market -- especially those that concern consumers most.” Over the coming months, FDA will roll out the following key actions: A modernized, evidence-based prioritization scheme for reviewing existing chemicals. According to FDA, it will soon release a draft for public comment; A final, systematic post-market review process shaped...

Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those responsible for legislating environmental laws. Congress has not been able to reauthorize environmental statutes for years, with some (most) needing significant attention. EPA relies on 1990 Clean Air Act amendments to sort out air pollution issues and address climate change...