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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

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 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

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

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

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

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

With 12 Months’ Notice, EPA Bringing Temporary Disinfectant Supply Chain Flexibilities to a Close

Key Takeaways - • What happened: EPA announced that it will retract the temporary amendments to Pesticide Registration (“PR”) Notice 98-10, originally issued by EPA in March 2020. These amendments were intended to provide...more

EPA Ends Priority Review of Surface Disinfectant Products, Shifts Resources Back to Standard FIFRA Registration Processes

Key Takeaways: • What Happened: Citing recently revised CDC guidance suggesting that the risk of surface transmission of the SARS-CoV-2 virus is “generally considered to be low,” EPA announced that it is no longer...more

EPA Ordered to Revise TSCA CDR Rule for Asbestos

A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the...more

EPA Announces One of Its Largest-Ever FIFRA Civil Settlements

Key Takeaways: What Happened: EPA settled with Electrolux for nearly $7 million in connection with the import of household appliances with antimicrobial-treated air filters that were not registered under the federal...more

EPA Announces First-Ever Approval Pathways for “Long-Lasting” Anti-Viral Disinfectants, Coatings, and Surfaces

Key Takeaways: • What Happened: EPA announced a new and expedited review process for surface disinfectant products with residual anti-viral efficacy claims of up to 24 hours, as well as a new category of “supplemental”...more

Urgent Deadline for Substantiating Inventory Reset Chemical Identity Confidentiality Claims

Inventory Reset reporting under the Toxic Substances Control Act (TSCA) seems like years ago, because it was – Form A’s were due February 7, 2018 for manufacturers and October 5, 2018 for processors. Companies are now likely...more

Carbon Markets Roundup - September 2020

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more

EPA Proposes to Allow Certain Uses of Biotechnology in Development of Plant-Incorporated Protectants

Key Takeaways - What Happened: EPA proposed to exempt certain biotechnology-derived plant-incorporated protectants (PIPs) from FIFRA registration and FFDCA tolerance requirements....more

In Agency First, EPA Allows Limited Use of Antiviral Disinfectant with Long-Lasting Efficacy Claims

Key Takeaways: What Happened: EPA issued a FIFRA Section 18 emergency exemption to the state of Texas to allow certain limited uses of a surface coating with long-lasting disinfectant properties....more

EPA Warns Against False or Misleading Antiviral Claims, Highlights Enforcement

Key Takeaways: • What Happened: In a new Compliance Advisory, EPA emphasized that pesticides and pesticide devices may not make false or misleading claims to be effective against the novel coronavirus, and warned of...more

EPA Provides Flexibility to Manufacturers of Isopropyl Alcohol-Based Disinfectants and Sanitizers

Manufacturers of certain disinfectants and food-contact surface sanitizers containing isopropyl alcohol (IPA) will now be able to use unregistered sources of that active ingredient and may change such sources by notification...more

EPA Expedites Data Review for Disinfectant Products that May Be Effective Against the Novel Coronavirus

Key Takeaways: • What Happened: EPA announced an expansion of its expedited review process to now include new antimicrobial pesticide product applications and amendments requiring data review. • Who’s Impacted:...more

Ten Tips for Disinfectant Producers and Distributors During the COVID-19 Pandemic

During the COVID-19 pandemic, governments have recognized an urgent need to ensure effective surface disinfectants, hand sanitizers, and other products that can be used against SARS-CoV-2 are available to the public. While...more

EPA Continues to Expand Efforts to Ease the Production of Disinfectants Approved for Use Against the Novel Coronavirus

Citing continued reports of supply chain disruptions by manufacturers of registered disinfectant products approved for use against the novel coronavirus, the U.S. Environmental Protection Agency (“EPA”) announced on April 14,...more

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