What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
On Feb. 11, 2025, the Missouri Court of Appeals for the Eastern District in Durnell v. Monsanto Co., upheld a jury verdict awarding $1.25 million in compensatory damages to plaintiff John Durnell from defendant Monsanto Co....more
Having adopted stringent air emission controls on commercial sterilizers that use ethylene oxide (EtO), the Environmental Protection Agency (EPA) has now adopted further controls on workplace exposure to EtO, including...more
The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental...more
Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment...more
Environmental groups are once again urging the Ninth Circuit Court of Appeals to compel the U.S. Environmental Protection Agency (EPA) to expedite its re-evaluation of atrazine, a widely used herbicide with significant...more
This week, I sat down with Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss the early days of the new Administration, what changes we can expect at the...more
On January 14, 2025, the Biden administration’s U.S. Environmental Protection Agency (EPA) posted a last-minute “interim” decision in the Federal Register for its review of ethylene oxide (EtO) under the Federal Insecticide,...more
The March 1, 2025, deadline for all establishments, foreign and domestic, that produce pesticides, devices, or active ingredients to file their annual production for the 2024 reporting year is fast approaching. Pursuant to...more
TSCA/FIFRA/TRI - EPA Issues Final Risk Management Rules For TCE, PCE, And CTC: The U.S. Environmental Protection Agency (EPA) released final risk management rules under the Toxic Substances Control Act (TSCA) for...more
For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more
On December 27, 2024, the U.S. Environmental Protection Agency (EPA) released for comment a proposed plan to track the adoption of bilingual labeling of pesticide products. 90 Fed. Reg. 9. The Pesticide Registration...more
TSCA/FIFRA/TRI - EPA Releases Final Supplement To The Risk Evaluation And Revised Unreasonable Risk Determination For 1,4-Dioxane: On November 13, 2024, the U.S. Environmental Protection Agency (EPA) announced the release...more
On December 2, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revoke all tolerances for chlorpyrifos except for those tolerances associated with the 11 food and feed crops that remain...more
On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered...more
On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its draft guidance for public comment to support registration and evaluation of efficacy claims for pre-saturated antimicrobial...more
The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year (FY) 2025. The deadline for payment of EPA’s annual maintenance fee for pesticide...more
TSCA/FIFRA/TRI - EPA Proposes To Add 16 PFAS And 15 PFAS Categories To The TRI List Of Chemicals: The U.S. Environmental Protection Agency (EPA) proposed on October 8, 2024, to add 16 individual per- and polyfluoroalkyl...more
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,...more
TSCA/FIFRA/TRI - White House OSTP Releases PFAS Federal R&D Strategic Plan:The White House Office of Science and Technology Policy (OSTP) announced on September 3, 2024, the release of its Per- and Polyfluoroalkyl...more
On October 3, 2024, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of its progress report (Report) in meeting its performance measures and goals for...more
The United States Environmental Protection Agency (“EPA”) has issued a September 2024 document titled: Action Plan to Reduce Exposure of Vulnerable Federally Listed Endangered and Threatened Species from the Use of...more
WebProNews reported in an October 1st article that United States District Judge Orelia E. Merchant dismissed a United States Department of Justice (“DOJ”) environmental enforcement action that had been filed against eBay,...more
EPA primarily regulates the sale, distribution and use of pesticides pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under FIFRA, EPA is involved with the registration of new...more
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more