Memoranda

This memorandum is the first in a two-part series providing an overview of the consortia that are managed by B&C® Consortia Management, L.L.C. (BCCM). Many are aware of Bergeson & Campbell, P.C.’s (B&C®), The Acta Group’s (Acta®), and BCCM’s deep expertise and extensive practice on matters related to the Toxic Substances Control Act (TSCA) and support for consortia clients working on issues related to TSCA. Importantly also, BCCM has extensive experience in other chemical...

On August 27, 2026, Judge Michael H. Simon issued a Findings of Fact and Conclusions of Law in the case of National Association of Wholesaler-Distributors v. Feldon, finding that Oregon's Plastic Pollution and Recycling Modernization Act (RMA) does not violate the Dormant Commerce Clause or the Due Process Clause. Following a five-day bench trial before the U.S. District Court for the District of Oregon in July 2026, Plaintiff National Association of Wholesaler-Distributors (NAW) and...

On August 19, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft risk evaluation under the Toxic Substances Control Act (TSCA) for ethylene dibromide. 91 Fed. Reg. 53618. EPA states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including unreasonable risk to potentially...

On September 2, 2026, U.S. Customs and Border Protection (CBP) published an important and consequential advance notice of proposed rulemaking (ANPRM) stating that it “is considering amending its regulations to give CBP greater visibility into the supply chains of goods imported into the United States.” 91 Fed. Reg. 56408. CBP seeks comments on new requirements that it claims will enhance visibility into the parties involved in the importation of goods, integrate innovative technical...

Ticks have long been an unwelcome consequence of spending time outdoors, but the public health significance of tick exposure is becoming difficult to ignore. Changes in the geographic distribution of tick species, longer periods of seasonal activity in some regions, changing land-use patterns, movement of wildlife hosts, and increased human exposure to tick habitats make the risk of tick-borne disease an increasingly important public health issue in the United States and elsewhere. In the United...

On August 14, 2026, Earthjustice announced that two non-governmental organizations (NGO) filed suit in the U.S. Court of Appeals for the Ninth Circuit challenging the U.S. Environmental Protection Agency’s (EPA) approval of two new chemicals for use in the manufacturing of semiconductors. CHIPS Communities United and Sierra Club seek review of two Consent Orders issued under Section 5 of the Toxic Substances Control Act (TSCA) authorizing the manufacture, processing, distribution in commerce,...

Anticipating an increase in the use of recycled plastics, Health Canada has begun a public consultation on a high-level overview of a proposed food packaging framework. Under Canada’s Food and Drug Regulations (FDR), Health Canada currently conducts a premarket assessment of a food contact material (FCM) only when a request is voluntarily submitted. According to Health Canada’s consultation document, this “may limit Health Canada’s ability to proactively identify and respond to emerging...

On August 10, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft risk evaluations under the Toxic Substances Control Act (TSCA) for o-dichlorobenzene (oDCB) and p-dichlorobenzene (pDCB). 91 Fed. Reg. 51488. EPA notes that the purpose of TSCA risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU),...

The U.S. Environmental Protection Agency (EPA) announced on July 31, 2026, that it is advancing its review of trans‑1,2‑dichloroethylene and 1,2‑dichloropropane under the Toxic Substances Control Act (TSCA) “by releasing draft technical support documents that explain how the agency estimates exposure to these common solvents.” According to EPA, “[e]valuating potential risks from these solvents is important because they are widely used in industry and may be present in...

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) published on August 6, 2026, a temporary final rule (the Rule) titled “DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials” to restrict the exportation of black mass and tungsten waste and scrap. According to BIS, “this temporary rule is necessary to immediately secure the supply of certain recoverable [critical minerals and materials] CMMs to ensure an adequate...

On July 10, 2026, the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and the U.S. Environmental Protection Agency (EPA) (Signatory Agencies) announced an updated Memorandum of Understanding (MOU) to “reaffirm their shared commitment to protecting consumers from heavy metals and other contaminants in food.” USDA’s July 10, 2026, press release notes that for decades, USDA, HHS, and EPA have coordinated through the National Residue Program to...

The New Mexico Environment Department (NMED) has updated its website to include information on per- and polyfluoroalkyl substances (PFAS) in products for consumers, businesses, and manufacturers. As reported in our May 4, 2026, memorandum, New Mexico recently enacted a final rule that includes prohibitions for certain consumer products containing intentionally added PFAS in 2027 and 2028; reporting on products containing intentionally added PFAS due...

On June 24, 2026, the U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice (DOJ), and the West Virginia Department of Environmental Protection (WV DEP) announced “the first comprehensive federal settlement with a major PFAS manufacturer, Chemours.” Under the $450 million settlement agreement, Chemours will spend more than $337 million on injunctive relief, including an estimated $280 million to provide alternative drinking water, $60 million to ensure compliance with...

For more than a decade, litigation over glyphosate-based herbicides has sat at the intersection of federal pesticide regulation, state tort law, scientific risk assessment, and broader debates over the role of juries in evaluating product safety. The Supreme Court's June 25, 2026, decision in Monsanto Company v. Durnell (Durnell) represents the Court's most significant interpretation of the Federal Insecticide, Fungicide, and Rodenticide Act's (FIFRA) preemption provision since...

The New Mexico Environment Department (NMED) published in the May 5, 2026, issue of the New Mexico Register a final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. On May 22, 2026, Diamond Vogel, Inc., a paint manufacturer, filed a Notice of Appeal in the New Mexico Court of Appeals (Diamond Vogel v. New Mexico, Ct. App. No. A-1-CA-43483). Diamond Vogel is challenging the final rule’s labeling and fee provisions. On July 1, 2026, a coalition of...

The U.S. Environmental Protection Agency (EPA) announced on June 23, 2026, that it seeks information “to develop a durable Toxic Substances Control Act (TSCA) regulation for legacy uses and associated disposals of asbestos, non-chrysotile and chrysotile asbestos fiber types, and asbestos-containing talc” (Asbestos Part 2). EPA evaluated these materials in its 2024 risk evaluation. EPA notes that “[e]xposure risk arises whenever asbestos-containing materials are disturbed -- during...

The U.S. Environmental Protection Agency (EPA) announced on June 17, 2026, that it is advancing its review of five chemicals under the Toxic Substances Control Act (TSCA) -- 1,1,2-trichloroethane; 4,4'-(1-methylethylidene)bis[2,6-dibromophenol] (TBBPA); 1,2-dichloropropane;  ethylene dibromide; and trans-1,2-dichloroethylene -- by sending the underlying science to the Science Advisory Committee on Chemicals (SACC) for peer review and opening it for public comment. EPA states...

On June 10, 2026, Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University (GWU) Milken Institute School of Public Health presented “TSCA Reform -- Ten Years Later.” This virtual conference marked the tenth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) and...

On June 12, 2026, the U.S. Environmental Protection Agency (EPA) released its draft risk evaluation for 4,4'-(1-methylethylidene)bis[2, 6-dibromophenol] (TBBPA) under the Toxic Substances Control Act (TSCA). EPA states in its press release that “[u]sing gold standard science -- including real-world monitoring data and modeling -- the draft identifies unreasonable risk to workers from inhalation exposure (three conditions of use [COU]) and unreasonable risk to the environment from releases to...

Shortly after announcing a case against a chemical supplier for failing to disclose imports of “hundreds of millions of pounds of toxic chemicals and their intended use,” the U.S. Environmental Protection Agency (EPA) announced on June 4, 2026, a settlement with an international agribusiness company for claims of violations of the Toxic Substances Control Act (TSCA) at its facilities in California and Washington. According to EPA, Wilbur-Ellis Company agreed to pay a penalty of $630,737 for...