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EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on...more

EPA Formally Reinstates All Chlorpyrifos Tolerances but Signals It Will Revoke Most of Them in the Future

The U.S. Environmental Protection Agency (EPA) officially reinstated all tolerances for chlorpyrifos on February 5, 2024, undoing a prior rule that had halted chlorpyrifos use on all food and feed commodities in early 2022....more

EPA Proposes Pesticide Conservation Measures for Protected Species

Key Takeaways - What Happened: EPA proposed mitigation measures for pesticide use to minimize impacts to listed species....more

B&D Forecast: 2023 Litigation Trends to Watch

Beveridge & Diamond’s litigators are involved in and track cases proceeding in courts around the U.S. We have experience with toxic torts, class actions, Superfund and site remediation, enforcement defense, regulatory...more

EPA Addresses Status Of FIFRA Registration Review Work As October 1 Deadline Approaches

Key Takeaways - • What Happened: EPA published an update on its work and plans as the October 1 registration review deadline approaches for many pesticides. Consistent with the governing statute, EPA confirmed that...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

EPA Releases for Public Comment an Ambitious and Cross-Agency Climate Change and Environmental Justice Plan

Overview and Potential Action for Industry Stakeholders - On October 1, 2021, the Environmental Protection Agency (EPA or Agency) issued for public comment its Draft Strategic Plan to Address Climate Change and Advance...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 Releases Updated Draft Guidance for Biostimulant Products

Key Takeaways - • What Happened: EPA issued revised draft guidance clarifying the types of plant biostimulant products and claims about such products that trigger regulation under FIFRA. ...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

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 Releases Unprecedented Recommendation to Use Unregistered Substances as Disinfectants Against Coronavirus

New cleaning and disinfecting guidance released by the U.S. Environmental Protection Agency (EPA) on April 29, 2020 includes an unprecedented recommendation to the American public to use unregistered commodity substances for...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

EPA Highlights Enforcement Against Disinfectant Products Making Fraudulent Coronavirus Claims

Key Takeaways: What Happened: On an April 3, 2020 call with retailers and marketplace platforms, EPA identified enforcement against sales of unregistered or fraudulent disinfectant products as a high priority during the...more

EPA Takes Action to Ease the Production of Disinfectants Approved for Use Against the Novel Coronavirus

Citing 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 March 31, 2020 that...more

EPA Provides Flexibility to Pesticide Manufacturers Using “Commodity Inert Ingredients”

Citing a nationwide shortage of disinfectant products during the Novel Coronavirus Disease 2019 (“COVID-19”) pandemic, the U.S. Environmental Protection Agency (“EPA”) announced on March 26, 2020 that it will now allow...more

New York Approves Use Of Certain Disinfectant Products Against Novel Coronavirus

As part of the State of New York’s response to the global spread of novel coronavirus (SARS-CoV-2), the New York Department of Environmental Conservation (“NYDEC”) on March 16 published a list of disinfectant products...more

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

As part of the federal government’s response to the global spread of novel coronavirus (COVID-19), the U.S. Environmental Protection Agency (“EPA”) is activating a limited procedure that allows eligible disinfectant product...more

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