News & Analysis as of

Hazardous Substances Rulemaking Process

Akin Gump Strauss Hauer & Feld LLP

Euro(re)vision: EU Revising its PFAS Restriction Proposal

On August 20, 2025, Denmark, Germany, the Netherlands, Norway and Sweden submitted an update to the proposal to restrict PFAS under the European Union’s REACH regulation that they originally submitted in January 2023. The...more

Fox Rothschild LLP

PFAS Drinking Water Rule Litigation Stay Lifted; 30-Day Extension Sought in Hazardous Substance Designation Case

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The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known...more

Bergeson & Campbell, P.C.

TSCA Reform — Nine Years Later: Risk Evaluation Session

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Nine Years Later. The...more

Bergeson & Campbell, P.C.

EPA Seeks Stakeholders to Participate as Small Entity Representatives on Small Business Advocacy Review Panels on Asbestos and...

The U.S. Environmental Protection Agency (EPA) announced on August 8, 2025, that it seeks self-nominations from small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SER) providing...more

Bergeson & Campbell, P.C.

EPA Seeks Comment as It Reconsiders PCE Risk Management Rule

The U.S. Environmental Protection Agency (EPA) announced on July 30, 2025, that it seeks public comment to inform its reconsideration of the Toxic Substances Control Act (TSCA) regulation for perchloroethylene (PCE). 90 Fed....more

Williams Mullen

Environmental Notes - July 2025

Williams Mullen on

Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more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

Allen Matkins

California Environmental Law & Policy Update 7.11.25

Allen Matkins on

The Trump administration will uphold a Biden-era ban on the ongoing use of asbestos after previously saying it would reconsider the rule. The rule requires companies to phase out their use of chrysotile asbestos, which is the...more

McGlinchey Stafford

EPA Grants Two-Year Extension on Coke Oven Air Toxics Compliance Following Industry Input

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) has officially extended key compliance deadlines for air toxics standards affecting steel-sector coke oven operations, reflecting industry concerns about the feasibility of...more

Bergeson & Campbell, P.C.

EPA Withdraws Motion to Hold Asbestos Case in Abeyance, Will Explore Using Guidance to Clarify Workplace Protection Requirements 

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...more

MG+M The Law Firm

Wisconsin Supreme Court Ruling on PFAS Leaves Businesses Vulnerable and Overextends Agency Power

MG+M The Law Firm on

In a contentious 5–2 decision, the Wisconsin Supreme Court has dealt an unprecedented blow to the state’s business and manufacturing sector by ruling that the Department of Natural Resources (DNR) can force cleanup of PFAS...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA’s 2024 Asbestos Ban Paused as Fifth Circuit Grants Abeyance for Rule Reconsideration

The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

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On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...more

Bergeson & Campbell, P.C.

EPA to Reconsider Asbestos Part 1 Risk Management Rule Following Legal Challenge

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...more

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

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

Bergeson & Campbell, P.C.

EPA Will Extend Postponement of Effective Date of Certain Provisions of Final TCE Risk Management Rule

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...more

Beveridge & Diamond PC

PHMSA Seeks Feedback on Reform of Hazardous Materials Transportation Regulations by August 4, 2025

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The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) initiating a comprehensive review of its Hazardous Materials Regulations (HMR). The ANPRM solicits...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

Fox Rothschild LLP

Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

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EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...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

Farella Braun + Martel LLP

EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....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

Mayer Brown

ANP Approves Precedent Statements on Integrity Management in Exploration and Production Units

Mayer Brown on

On May 15, 2025, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved precedent statements on integrity management in exploration and production units, with the aim of...more

Morrison & Foerster LLP - Class Dismissed

Tenth Circuit Denies Challenge to CPSC Rule Regulating High-Powered Magnets

The Tenth Circuit Court of Appeals denied a petition challenging a rule promulgated by the U.S. Consumer Product Safety Commission (CPSC) banning small, high-powered, separable magnets. Upholding CPSC’s rule, the Tenth...more

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