News & Analysis as of

Chemicals Rulemaking Process

Williams Mullen

EPA Considers New TSCA Rules for Common Solvent PCE

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On July 30, 2025, the U.S. Environmental Protection Agency (EPA) issued a request for public comment on the potential regulation of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). PCE is a widely used...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2025

TSCA/FIFRA/TRI - EPA Appoints Former ASA Government Affairs Director As OCSPP DAA For Pesticides: Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator (DAA) for Pesticides at the U.S. Environmental...more

Bergeson & Campbell, P.C.

Community and Environmental NGOs File Suit After EPA Denies TSCA Section 21 Petition Concerning Prohibition of Hydrogen Fluoride...

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...more

Holland & Knight LLP

Food For Thought: Texas Enacts Food Product Warning Labels for 44 Chemical Ingredients

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Texas Gov. Greg Abbott on June 22, 2025, signed Senate Bill 25 (SB 25), a law that, among other provisions, requires the following consumer warning labeling on foods containing any of 44 ingredients: "WARNING: This product...more

Holland & Knight LLP

Food and Chemical Update: FDA Unveils Data-Driven Assessment Tool to Rank Food Chemicals

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The U.S. Food and Drug Administration (FDA) is overhauling its approach to post-market oversight of food chemicals, marked by the proposed rollout of a new Post-Market Assessment Prioritization Tool. The FDA first announced...more

Bergeson & Campbell, P.C.

PPG Withdraws TSCA Section 21 Petition to Amend Final TCE Risk Management Rule for Specialty Polymeric Microporous Sheet Materials...

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...more

Bergeson & Campbell, P.C.

Defra Calls for Comments on Indicative Lists for LC-PFCAs, Their Salts, and Related Compounds

On June 2, 2025, the United Kingdom (UK) Department for Environment, Food & Rural Affairs (Defra) requested comment on a draft indicative list for long-chain perfluorocarboxylic acids (LC-PFCA), their salts, and related...more

Bergeson & Campbell, P.C.

ACC Files TSCA Section 21 Petition Seeking Reconsideration of TCE Risk Management Rule

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...more

Bergeson & Campbell, P.C.

TSCA Section 21 Petition Seeks Reconsideration of 2024 Rule Regarding Procedures for Chemical Risk Evaluation

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...more

Bergeson & Campbell, P.C.

Chemical Coalition Withdraws TSCA Section 21 Petition Seeking Revisions to TSCA 8(a)(7) PFAS Reporting Rule

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...more

Morgan Lewis - Well Done

Food for Thought Implications of FDAs New Chemical Review Program

The US Food and Drug Administration recently announced a major initiative to strengthen oversight of food additives and other food-related chemicals. The agency described this as a “stronger, more systematic review process”...more

Hogan Lovells

FDA Announces Plans for Post-Market Chemical Review Program

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The U.S. Food and Drug Administration (FDA) recently announced plans to update its post-market food chemical review program. In its announcement, FDA explained that its forthcoming plans will take a proactive approach to...more

Bergeson & Campbell, P.C.

Setting the Record Straight: New Chemical Review Needs Scientists

On May 2, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the “[n]ext phase of organizational improvements to better integrate science into agency offices.” As part of this reorganization...more

Paul Hastings LLP

New Mexico Passes Comprehensive Ban on PFAS in Products

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On April 8, 2025, New Mexico became the third state to sign into law a comprehensive ban on the use of intentionally added per- and polyfluoroalkyl substances (PFAS) in consumer and commercial products: the “Per- and...more

DLA Piper

Maine DEP Extends CUU Designations by Two Years Under PFAS in Products Law

DLA Piper on

As discussed in our prior alert, Maine’s Department of Environmental Protection (DEP) published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per-...more

Fox Rothschild LLP

Maine’s Draft Proposed Rule on PFAS “Currently Unavoidable Use” Determinations

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Maine recently published proposed rules (PDF link) aimed at implementation of its existing statute (which we’ve discussed here, here and here) limiting the sale and distribution within the state of products containing...more

Bergeson & Campbell, P.C.

EPA Further Extends Review Period for CBI Claims for the Identity of Chemicals on the TSCA Inventory

On January 6, 2025, the U.S. Environmental Protection Agency (EPA) announced the extension of the review period for confidential business information (CBI) claims for specific identities of all active chemical substances...more

Miles & Stockbridge P.C.

Companies that Use and Emit Ethylene Oxide Should be Aware of Upcoming Regulatory Action and Litigation Risks

In our earlier post, Public and Regulatory Attention to Forever Chemicals is at an All-Time High, we discussed the expected and upcoming regulation of per- and polyfluoroalkyl substances (“PFAS”). Another chemical expected to...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

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Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Downey Brand LLP

State Water Board Issues Notification and Response Levels for PFBS in Drinking Water; DTSC to Finalize Carpets and Rugs with PFAS...

Downey Brand LLP on

There has been no shortage of recent regulatory developments concerning per- and polyfluoroalkyl substances (PFAS) in California, which are especially relevant to drinking water systems and the consumer product community. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/Drinking Water Standards: New Hampshire Department of Environmental Services Initiates Rulemaking

The New Hampshire Department of Environmental Services (“NHDES”) initiated a rulemaking to establish Maximum Contaminate Levels (“MCLs”) and ambient groundwater quality standards (“AGQS”) for four per-and polyfluoroalkyl...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Toxic Substances Control Act:/Environmental Council of the States Comments: Chemical Data Reporting/Requirements for Inorganic...

The Environmental Council of the States (“ECOS”) submitted December 11th comments to the United States Environmental Protection Agency (“EPA”) on: Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical...more

Seyfarth Shaw LLP

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

Stoel Rives LLP

California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

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The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the...more

King & Spalding

Reporting Hydraulic Fracturing Chemicals - New BLM Rules and EPA Study Spotlight FracFocus

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In the past ten days, the federal government has articulated different views on the utility and effectiveness of FracFocus, a website used by many operators to report the chemicals used to fracture their wells. In its final...more

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