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Louisiana and Texas Pass Laws Requiring Warning Labels for Certain Food Ingredients

Key Takeaways - What happened: Two recently enacted laws in Louisiana and Texas will each require separate warning labels on the packaging of food sold in their state if the food contains any of 44 specific ingredients....more

EPA Continues Focus on Antimicrobial Pesticide Enforcement in 2025

Key Takeaways - What Happened: EPA continues to assess significant penalties against manufacturers and distributors of antimicrobial products under the new administration....more

FDA Seeks Public Comment on Post-Market Chemical Review Prioritization Method

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) released its draft post-market chemical review prioritization method for public comment. Public comments are due July 18, 2025....more

Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues...

Senate Draft of BBB Would Standardize and Reduce Value of 45Q Credit, Diminishing Incentives for Long-Term Carbon Storage - The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to...more

MAHA Assessment: What Food and Chemical Stakeholders Need to Know

When the Make America Healthy Again (MAHA) Commission unveiled its Make Our Children Healthy Again Assessment on May 22 (reissued May 28), it framed the document as a clarion call: U.S. regulators must combat childhood...more

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has...more

FDA to Overhaul Post-Market Chemical Review Program for Food Chemicals

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) announced plans to update its food safety post-market chemical review program over the next few months to increase transparency and accelerate its...more

FDA Food Chemical Regulation: Understanding Pesticide Action Levels

The U.S. Food and Drug Administration’s (FDA) March 2025 publication of its new “Chemical Contaminants Transparency Tool” spotlighted a lesser-known aspect of FDA’s regulation of pesticide residues on food: action levels....more

FDA Food Chemical Regulation After the MAHA Executive Order

Just before the change in administration, the Food and Drug Administration (FDA) made headlines by revoking approvals to use the color additive FD&C Red Dye No. 3 in food after January 15, 2027. This was the latest example of...more

GRAS Self-Affirmation for Food Ingredients – To Be or Not to Be?

Key Takeaways - What Happened: HHS Secretary Kennedy directed FDA to consider removing the current self-affirmation pathway for determining that a food ingredient is Generally Recognized as Safe (GRAS)....more

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of...more

FDA Proposes New Rule on Testing Talc-Containing Cosmetic Products

Mandatory testing of talc-containing cosmetic products is coming. At the end of December, the Food and Drug Administration (FDA) proposed a cosmetics rule and test method for asbestos in talc that was required under Section...more

Federal Court Orders EPA to Regulate Fluoridation of Drinking Water under TSCA

In a groundbreaking decision, a federal district court has ordered the U.S. Environmental Protection Agency (EPA) to regulate the “unreasonable risk” it found to be posed by the fluoridation of drinking water. The order came...more

DOE Ramping Up General Service Lamp Enforcement

Largely out of public view, the U.S. Department of Energy (DOE) has been ramping up enforcement of its “backstop” efficiency standard and sales prohibition regarding general service lamps, including incandescent bulbs. After...more

EPA, USDA, and FDA to Clarify Overlapping Biotechnology Regulatory Frameworks

On May 8, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), and U.S. Food and Drug Administration (FDA) released a joint plan to identify areas of ambiguity, gaps, or uncertainty in...more

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),...more

Major Questions Doctrine Reaches the Clean Water Act

The Fourth Circuit Court of Appeals unanimously affirmed a district court’s dismissal of environmental plaintiffs’ claim that shrimp trawlers require either a Section 404 or National Pollutant Discharge Elimination System...more

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron...more

Congress Passes and Funds Support for Nature-Based Greenhouse Gas Reductions

For several years, Congress has considered legislation to support nature-based greenhouse gas (GHG) reductions in the agriculture and forestry sectors. That legislative vision recently became law through the Consolidated...more

FTC Proposes New Efficiency and Repair Instruction Requirements

Key Takeaways: • What Happened: The Federal Trade Commission (FTC) seeks public comment on a proposed expansion of EnergyGuide labeling requirements to new product categories, and a requirement to include repair...more

EPA Authorizes Anti-Monkeypox Claims for Pre-Designated Disinfectant Products

What Happened: EPA activated its Emerging Viral Pathogens guidance to permit limited claims that certain registered pesticides are effective against the monkeypox virus. Who’s Impacted: Manufacturers and distributors of...more

U.S. Department of Energy Finalizes Rules to Impose Stringent Efficiency Standard on Most Lamps (Updated)

Key Takeaways: • What Happened: DOE finalized rules to apply the 45 lumens per watt “backstop” efficiency standard to general service lamps and to include five categories of specialty incandescent lamps, incandescent...more

U.S. Department of Energy Finalizes Rules to Impose Stringent Efficiency Standard on Most Lamps

Key Takeaways: • What Happened: DOE finalized rules to apply the 45 lumens per watt “backstop” efficiency standard to general service lamps and to include five categories of specialty incandescent lamps, incandescent...more

U.S. Department of Energy Proposes to Impose “Backstop” Efficiency Standard on Most Lamps

Key Takeaways: • What Happened: DOE proposed to apply the 45 lumen per watt “backstop” efficiency standard to general service lamps, which would effectively prohibit the manufacture, distribution, and sale of most...more

EPA Indefinitely Extends COVID-19 Emerging Viral Pathogen Guidance

Key Takeaways: • What Happened: EPA has indefinitely extended its activation of the emerging viral pathogens guidance for antimicrobial pesticides, permitting registrants with a pre-qualified “emerging viral pathogen...more

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