Memoranda

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...

The U.S. Environmental Protection Agency (EPA) announced on June 1, 2026, that it has filed an administrative complaint against Wego Chemical Group and related companies (Wego) for violations of the Toxic Substances Control Act (TSCA). According to EPA, the complaint is the result of Wego’s “years-long” failure to report properly its import and domestic distribution of chemical substances. EPA states that since at least 2016, Wego imported “hundreds of millions of pounds of hundreds of...

As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit of the U.S. District Court for the Northern District of California’s 2024 decision finding that the Plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public....

On May 15, 2026, the California Department of Pesticide Regulation (CDPR) announced a proposed rulemaking to harmonize its regulation of pesticide-treated seeds with the U.S. Environmental Protection Agency’s (EPA) regulation of pesticide-treated seeds. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) grants EPA discretion to exempt from its requirements any pesticide that is of a character that is not requiring regulation under FIFRA. EPA exempts treated articles, including but...

On May 18, 2026, the U.S. Environmental Protection Agency (EPA) announced two proposed rules. The first proposed rule would uphold the federal drinking water Maximum Contaminant Levels (MCL) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) while providing an option for drinking water systems to request two additional years to comply with the enforceable limits. The second proposed rule would rescind the regulatory determinations and regulations for perfluorohexane...

The U.S. Food and Drug Administration announced on May 12, 2026, “two decisive actions focused on food chemical safety.” First, FDA released two final documents for its new proactive food chemical safety post-market assessment program. Second, FDA launched reassessments of butylated hydroxytoluene (BHT) and azodicarbonamide (ADA), “chemical additives commonly used in a variety of food products.” As part of the reassessment, FDA issued two requests for information regarding the use and...

The Strengthening Environmental Protection for a Healthier Canada Act (the Act), enacted in 2023 to modernize the Canadian Environmental Protection Act, 1999 (CEPA), requires the creation of a “Watch List” of substances capable of becoming toxic to inform Canadians and businesses of substances that they may wish to avoid. On April 28, 2026, Environment and Climate Change Canada (ECCC) announced the publication of the Watch List Approach (the Approach) in the CEPA Registry. The Approach...

The U.S. Environmental Protection Agency (EPA) announced on May 5, 2026, the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for 1,2-dichloroethane (also known as ethylene dichloride (EDC)). 91 Fed. Reg. 24230. 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), including unreasonable risk to potentially...

The Chair of the New Mexico Environmental Improvement Board (NMEIB) signed a Final Order and Statement of Reasons on April 17, 2026, regarding the adoption of a rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. The final rule, scheduled to be published in New Mexico’s Register on May 5, 2026, with the Final Order and Statement of Reasons, includes prohibitions for certain consumer products in 2027 and 2028;...

The U.S. Environmental Protection Agency (EPA) announced on April 24, 2026, the release of a publicly accessible list of Confidential Business Information (CBI) claims scheduled to expire under the Toxic Substances Control Act (TSCA). EPA states that the list includes claims that will expire between June 22, 2026, and July 31, 2026. According to EPA, to maintain accuracy and provide timely updates, it will refresh the list on a monthly basis as claims continue...

The U.S. Environmental Protection Agency (EPA) announced on April 10, 2026, that it is advancing its review of four chemicals under the Toxic Substances Control Act (TSCA) -- 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB), phthalic anhydride, o-dichlorobenzene (oDCB), and p-dichlorobenzene (pDCB) -- by releasing draft documents related to the review of these chemicals and convening a Science Advisory Committee on Chemicals (SACC) peer review meeting. According to...

On April 6, 2026, the U.S. Environmental Protection Agency (EPA) released the draft of its sixth Contaminant Candidate List (CCL) issued under the Safe Drinking Water Act (SDWA), including for the first time microplastics as a priority contaminant group. 91 Fed. Reg. 17186. Section 1412(b)(1)(B)(i) of SDWA, as amended in 1996, requires that EPA publish the CCL every five years. The contaminants on the List are not regulated under national primary drinking water regulations, but either occur or...

On March 26, 2026, the European Chemicals Agency (ECHA) released the final opinion of its Risk Assessment Committee (RAC) and the draft opinion of its Socio-Economic Analysis Committee (SEAC) on the proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. According to ECHA, RAC and SEAC “support an EU-wide restriction, subject to specific derogations, on the...

The U.S. Environmental Protection Agency (EPA) announced on March 24, 2026, that it will propose to extend certain compliance dates in the December 2024 final risk management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA). According to EPA, it continues to revise the final rules “to ensure they are practical and implementable to protect human health and the environment and maintain uses that power the U.S. economy.” Until EPA...

The Minnesota Pollution Control Agency (MPCA) held a webinar on February 26, 2026, on its currently unavoidable use (CUU) rule concepts. Under Minnesota’s per- and polyfluoroalkyl substances (PFAS) statute, beginning January 1, 2032, intentionally added PFAS in almost all products will be prohibited in Minnesota unless MPCA issues a CUU determination for the use of the PFAS. MPCA has posted a recording of the webinar, presentation slides, and a summary of the draft rule...

The Senate Committee on Environment and Public Works (EPW) held a hearing on a discussion draft of S.__, the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026 (Discussion Draft) on March 4, 2026. The Committee’s one pager on the Discussion Draft notes that since the Toxic Substances Control Act (TSCA) was enacted 50 years ago, the U.S. Environmental Protection Agency’s (EPA) “approval process for new chemicals has not been substantively improved. The current...

On January 5, 2026, the U.S. Environmental Protection Agency (EPA) released its draft Pesticide Registration (PR) Notice, entitled “Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, and Minor Formulation Amendments” (Draft PRN 2026-NEW), and announced a 45-day public comment period. 91 Fed. Reg. 271. Since the January 5, 2026, announcement, a 30-day extension to the comment period has been approved but not yet published. In the Draft PRN 2026-NEW, EPA provides...

The House Committee on Energy and Commerce held a hearing on January 22, 2026, on “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” The hearing focused on a draft bill titled Discussion Draft of Legislation to Modernize the Toxic Substances Control Act (Discussion Draft). As reported in our January 17, 2026, memorandum, the Discussion Draft would impose sweeping changes to many of...

On January 15, 2026, the House Energy and Commerce Subcommittee on Environment announced it will hold a legislative hearing on January 22, 2026, entitled “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” The hearing will focus on a draft bill titled Discussion Draft of Legislation to Modernize the Toxic Substances Control Act (Discussion Draft).  While...

In December 2025, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing Proposition 65 (Prop 65), issued two “Information Letters” regarding Prop 65 compliance issues. Each is discussed below. Warnings for Receipts/Labels Accompanying a Consumer Purchase On December 8, 2025, OEHHA issued an Information Letter to provide guidance regarding Prop 65 warnings for Bisphenol S (BPS) in receipt paper and shipping...

The U.S. Environmental Protection Agency (EPA) announced on January 5, 2026, the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for 1,3-butadiene. 91 Fed. Reg. 264. EPA states in its December 31, 2025, press release that it found “potential unreasonable health risks for workers who breathe in this chemical at their jobs in 11 specific industrial settings.” As required by TSCA, EPA will now develop a risk management rule to protect workers from the...

Download a PDF of the Forecast 2026. Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our Forecast 2026. Our distinguished global team of chemical experts worked hard to summarize our collective best guess on what to expect in the New Year regarding global industrial, agricultural, and biocidal chemical regulatory and policy...

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of global legal and scientific developments and take steps now to minimize legal, regulatory, and commercial risk. Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) have prepared...

Fluoride, well-known for its anticavity properties, has seen a growing number of state and federal initiatives seeking to limit or prohibit various uses of the substance. Federal agency heads, as well as top state officials, have expressed a strong interest in “taking action” against existing fluoride use in public drinking water and ingestible drug products.  Evolution of Fluoride Regulation, Past to Present Fluoride has a long history of regulation in the United...

On December 3, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on an Updated Draft Risk Calculation Memorandum (Draft Memorandum) to inform a revised draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 55726. EPA states that after further consideration of comments raised during the scientific peer review process, it is reconsidering the use of certain hazard values in the formaldehyde...

The European Union Deforestation Regulation (EUDR) appears to be headed for yet another full-year delay following growing political pressure, concerns about the readiness of the European Commission’s (EC) information technology (IT) systems, and intensifying industry warnings that the current December 30, 2025, compliance deadline is becoming increasingly unrealistic. While the EC has not yet officially postponed the implementation date, the signals coming out of Brussels are...

On Thanksgiving Eve, November 26, 2025, the White House Office of Science and Technology Policy (OSTP) requested input from interested parties on federal policy updates “that aim to accelerate the American scientific enterprise, enable groundbreaking discoveries, and ensure that scientific progress and technological innovation benefit all Americans.” 90 Fed. Reg. 54412. OSTP states that “[t]hrough this Request for Information (RFI), OSTP seeks input from academia; private sector...

On November 24, 2025, the U.S. Environmental Protection Agency (EPA) released the key default values that it uses in its risk assessments of new chemicals under the Toxic Substances Control Act (TSCA). EPA is making the assumptions available on its website in the New Chemicals Division Reference Library. EPA states that it expects the publication of the default values “to improve efficiency, reducing the likelihood that submissions need to be reworked or resubmitted.” According to EPA,...

On November 19, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested comment on a draft risk evaluation under the Toxic Substances Control Act (TSCA) for 1,2-dichloroethane (Chemical Abstracts Service Registry Number® (CAS RN®) 107-06-2, also known as ethylene dichloride or EDC). 90 Fed. Reg. 52054. EPA notes that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health...

The state of Oregon’s packaging and paper Extended Producer Responsibility (EPR) program, enacted in 2021, has progressed into its enforcement stage. With the first fee obligations and real-world compliance deadlines now in place, the risk of litigation under and against the program has transitioned from theoretical to real. In July 2025, a major trade association, National Association of Wholesaler-Distributors (NAW), filed a constitutional challenge to Oregon’s law, raising issues that are...

On November 13, 2025, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to amend the Toxic Substances Control Act (TSCA) Section 8(a)(7) regulation for reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS). 90 Fed. Reg. 50923. As reported in our October 3, 2023, memorandum, the final rule requires manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 through 2022 to report information...

On October 23, 2025, the Senate Environment and Public Works Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight held a hearing on “Examining the Beneficial Use and Regulation of Chemicals.” The Subcommittee heard from the following witnesses: Peter Huntsman, President and Chief Executive Officer (CEO), Huntsman Corporation (written testimony); Dr. Gwen Gross, Senior Technical Fellow, The Boeing Company (written testimony); and Dr. Tracey...

On October 14, 2025, the Australia Industrial Chemicals Introduction Scheme (AICIS) announced that it has initiated an evaluation on the introduction and use of per- and polyfluoroalkyl substances (PFAS) in Australia under Section 74 of the Industrial Chemicals Act 2019 (IC Act). According to AICIS, the evaluation will review the 522 PFAS listed on the Australian Inventory of Industrial Chemicals. The evaluation will confirm whether the listed PFAS have been introduced in Australia, and if so,...

Following up on the New Mexico Environment Department’s (NMED) September 25, 2025, webinar on a labeling requirement for products containing intentionally added per- and polyfluoroalkyl substances (PFAS), NMED announced on October 8, 2025, that it has petitioned New Mexico’s Environmental Improvement Board (EIB) to adopt a proposed rule to implement the PFAS Protection Act. According to NMED’s press release, the proposed rule would “implement the full scope of the PFAS Protection Act,...

On September 23, 2025, the U.S. Environmental Protection Agency (EPA) proposed highly anticipated amendments to the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 45690. When conducting an existing chemical risk evaluation under TSCA, EPA must determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or nonrisk factors, including...