News & Analysis as of

Federal Insecticide, Fungicide and Rodenticide Act

EPA to Host Events Soliciting Information on Regulatory Reforms

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) has announced that it will be hosting several events to gather input on regulatory actions that could be repealed, replaced or modified as part of EPA’s regulatory reform efforts...more

U.S. District Court Finds FIFRA Precludes Copyright Protection for the Required Elements of Pesticid

by Bergeson & Campbell, P.C. on

In a two-page order issued on April 10, 2017, the U.S. District Court for the Middle District of North Carolina granted in part a motion for summary judgment filed by “me-too” registrants, Willowood, LLC, Willowood USA, LLC,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

EPA Denies Petition to Ban Chlorpyrifos

by Bergeson & Campbell, P.C. on

On March 29, 2017, U.S. Environment Protection Agency (EPA) Administrator Pruitt signed an order denying the September 2007 petition of the Pesticide Action Network (PANNA) and the Natural Resources Defense Council (NRDC)...more

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg...more

Implications of “Waters of the U.S.” (WOTUS) Rule Rollback for Pesticide Permitting

by Bergeson & Campbell, P.C. on

President Trump’s February 28, 2017, Executive Order (E.O.) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to rescind and replace the Clean Water Rule (CWR) is the latest...more

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

CSPA Sends Letter To Trump On Safer Choice Program

by Bergeson & Campbell, P.C. on

On January 24, 2017, the Consumer Specialty Products Association (CSPA) sent a letter to President Donald Trump to express its commitment to working with Trump and his administration and to outline its top priorities,...more

Endangered Species Act Case Roundup

by Nossaman LLP on

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

Climate Change Hits EPA: 30 Pending Regulations Frozen

by K&L Gates LLP on

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21,...more

Marketing Genetically Engineered Crops Just Got Easier: CRISPR Deletion Mutant Crops May Face Reduced Regulatory Hurdles

From the earliest days of recombinant DNA technology, there has been worry in the policy community and among the public about the release and consumption of genetically engineered (GE) crops, especially crops for human...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a...more

EPA Releases Final Policy to Address Acute Risks to Bees from Pesticides and Three Pollinator-Only R

by Bergeson & Campbell, P.C. on

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) released its Policy to Mitigate the Acute Risk to Bees from Pesticide Products (Mitigation Policy) which describes methods for addressing acute risks to bees...more

White House Announces Release of Final Update to the Coordinated Framework for the Regulation of Biotechnology

by Bergeson & Campbell, P.C. on

On January 4, 2017, the White House announced the release of the 2017 Update to the Coordinated Framework for the Regulation of Biotechnology. The 2017 Update provides a comprehensive summary of the roles and...more

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2017

Predictions and Outlook for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) 2017 - 2016 was full of surprises, two of which will drive much of the agenda for OCSPP during 2017. First, Congress...more

FIFRA: Final EPA Rule Requires Stronger Standards for Applying Riskiest Pesticides

On January 4, 2017, the U.S. Environmental Protection Agency (EPA) published its final rule revising its regulation concerning the certification of applicators of restricted use pesticides (RUP). EPA states that the final...more

EPA Issues Changes to OCSPP Final Test Guidelines For Series 850 Group A—Ecological Effects

by Bergeson & Campbell, P.C. on

On December 29, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice regarding the availability of final test guidelines, OCSPP Series 850 Group A -- Ecological Effects, part of a series of test guidelines...more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

by Beveridge & Diamond PC on

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Extends Comment Period On Proposed SNUR: On October 21, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has reopened the comment period on a proposed Significant New...more

Smoking Out the Scope of Preemption

by Reed Smith on

Last month, while grappling with an aphrodisiac false-advertising case, we joked that we felt like having a cigarette after reading the court’s opinion. Today we get our cigarette. Or, rather, our e-cigarette. Today’s post...more

EPA Proposes Two Test Methods and Guidance for Evaluating Antimicrobial Pesticides

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) has recently announced the availability of two proposed test methods and associated testing guidance for evaluating antimicrobial pesticides against two biofilm bacteria,...more

US Environmental Protection Agency Opens Criminal Investigation into Herbicide Spraying

According to articles in Missouri newspapers and other news outlets, federal agents recently executed search warrants in several counties in Missouri to probe possible criminal violations of the Federal Insecticide,...more

The (much!) Higher Cost of Non-Compliance: Federal Civil Penalties Increase

by Davis Wright Tremaine LLP on

EPA has released an interim final rule with penalty adjustments mandated by a new law (“Interim Rule” or “Rule”). Most importantly, the “catch up” adjustments under the Interim Rule carry quite a wallop for those subject to...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic...more

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