News & Analysis as of

Federal Insecticide, Fungicide and Rodenticide Act

Foley Hoag LLP - Environmental Law

Court Orders EPA to Ban Chlorpyrifos: No Escaping Jurisdiction After 10 Years of Delay

Last week, the 9th Circuit Court of Appeals ordered EPA to revoke all tolerances for chlorpyrifos within 60 days. It’s another fairly devastating indictment of the Trump administration....more

Bergeson & Campbell, P.C.

Ninth Circuit Directs EPA to Revoke all Tolerances and Cancel All Registrations for Chlorpyrifos

by Bergeson & Campbell, P.C. on

On August 9, 2018, the majority of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an opinion in the latest chlorpyrifos case (League of United Latin American Citizens (LULAC) v....more

Bergeson & Campbell, P.C.

Oral Argument Held in Case Challenging EPA’s Denial of Petition to Revoke Chlorpyrifos Tolerances

by Bergeson & Campbell, P.C. on

On July 9, 2018, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) held oral argument in League of United Latin American Citizens (LULAC) v. Pruitt, a case brought to challenge the decision by the U.S....more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Issues Final Rule Delaying Compliance Date For Human Subjects Policy By Six Months: On June 19, 2018, 16 federal agencies, including EPA, issued a final rule delaying until January 21, 2019, the...more

Bergeson & Campbell, P.C.

Antimicrobial Product Evaluation Program (APEP) for Products with Public Health Claims in the Marketplace

by Bergeson & Campbell, P.C. on

On June 21, 2018, during the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) webinar, EPA discussed the new draft risk-based strategy for ensuring the performance of public health antimicrobial...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA’s Spring 2018 Unified Agenda And Regulatory Plan Released: On May 9, 2018, the Office of Information and Regulatory Affairs (OIRA) posted the spring 2018 Unified Agenda and Regulatory Plan. OIRA states...more

Bergeson & Campbell, P.C.

EPA to Publish NOA for WPS Training Materials; Employers Required to Provide Expanded Training within 180 Days

by Bergeson & Campbell, P.C. on

On June 14, 2018, the U.S. Environmental Protection Agency (EPA) announced that it will soon publish in the Federal Register a Notice of Availability (NOA) stating that worker safety training materials, including the expanded...more

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

Federal Insecticide, Fungicide, and Rodenticide Act Enforcement: U.S. Environmental Protection Agency and Canton, Minnesota Dairy...

The United States Environmental Protection Agency (“EPA”) and Preston Dairy & Farm Association, Incorporated, (“Association”) entered into an Expedited Settlement Agreement and Final Order (“ESA”) addressing an alleged...more

Polsinelli

Animal Testing to Decrease with New EPA Rules

by Polsinelli on

The United States Environmental Protection Agency made two moves recently to reduce the use of animals in chemical testing and pesticide registration: One under FIFRA and one under TSCA. ...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2018

by Bergeson & Campbell, P.C. on

Overview: - Since enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has implemented a muscular regulatory program expressing Congress’ intent for a new and improved Toxic...more

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D.C. District Court Provides Reasons for Denying Defendant’s Motion to Dismiss in Glyphosate Case

by Bergeson & Campbell, P.C. on

On April 30, 2018, the U.S. District Court for D.C. issued a memorandum opinion that sets forth the reasons for its denial of defendant Monsanto Company’s (Monsanto) motion to dismiss in a case in which the plaintiffs allege...more

Bergeson & Campbell, P.C.

EPA Withdraws Several Pesticide-Related Rulemakings from the Regulatory Agenda

by Bergeson & Campbell, P.C. on

On May 7, 2018, the U.S. Environmental Protection Agency (EPA) announced that it is withdrawing certain proposed rules for which EPA no longer intends to issue a final rule. 83 Fed. Reg. 20004. EPA notes that its withdrawal...more

Bergeson & Campbell, P.C.

EPA Releases Strengthening Transparency in Regulatory Science Proposed Rule

by Bergeson & Campbell, P.C. on

On April 30, 2018, the U.S. Environmental Protection Agency (EPA) proposed the "Strengthening Transparency in Regulatory Science" (Science Rule) that EPA states is intended to “strengthen the transparency of EPA regulatory...more

Bergeson & Campbell, P.C.

OEHHA Proposes Regulations on Safe Harbor Warning Content as Part of Clear and Reasonable Warnings Regulations

by Bergeson & Campbell, P.C. on

On April 23, 2018, California’s the Office of Environmental Health Hazard Assessment (OEHHA) announced it is proposing to amend Article 6 of Title 27 of the California Code of Regulations (C.C.R.), Section 25603, specifically...more

Bergeson & Campbell, P.C.

EPA Releases Strengthening Transparency in Regulatory Science Proposed Rule

by Bergeson & Campbell, P.C. on

On April 30, 2018, the U.S. Environmental Protection Agency (EPA) will publish in the Federal Register a proposed rule entitled "Strengthening Transparency in Regulatory Science" (Science Rule) that EPA states is intended to...more

Bergeson & Campbell, P.C.

House Agriculture Committee Unveils Draft Farm Bill 2018

by Bergeson & Campbell, P.C. on

On April 12, 2018, House Agriculture Committee Chairman Michael Conaway (R-Texas) released the Committee’s draft Farm Bill reauthorization, the “Agriculture and Nutrition Act of 2018” (H.R. 2). The House Agriculture Committee...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Issues Draft Guidance On Expanded Access To Confidential Business Information: On March 16, 2018, the U.S. Environmental Protection Agency (EPA) released three draft guidance documents for public...more

Pillsbury - Gravel2Gavel Construction & Real...

New Exemption from CERCLA Notification Requirements Re: Released Hazardous Substances

The Comprehensive Environmental Response, Compensation, and Liability Act’s (CERCLA, also known also as Superfund) stringent hazardous substance release reporting requirements are set forth as Section 103 of Superfund. A...more

Bergeson & Campbell, P.C.

EPA Releases New PR Notice on Determination of Minor Use

by Bergeson & Campbell, P.C. on

On March 22, 2018, the U.S. Environmental Protection Agency (EPA) released the Pesticide Registration Notice (PR Notice) 2018-1 issued by the Office of Pesticide Programs (OPP) entitled “Determination of Minor Use under...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Settles With Syngenta On FIFRA Violation Related To Restricted-Use Pesticide: On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced it has reached an agreement with Syngenta...more

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

Pesticide/FIFRA Enforcement: U.S. Environmental Protection Agency and Amazon Services, LLC Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Amazon Services, LLC (“Amazon”) entered into a February 14th Consent Agreement (“CA”) addressing alleged violations of the Federal Insecticide, Fungicide, and...more

Bergeson & Campbell, P.C.

EPA Settles with Amazon on Distribution of Unregistered Pesticides

by Bergeson & Campbell, P.C. on

On February 14, 2018, the U.S. Environmental Protection Agency (EPA) and Amazon Services LLC (Amazon) entered into a Consent Agreement and Final Order (CAFO) whereby Amazon agreed to pay $1,215,700 in civil penalties for...more

Bergeson & Campbell, P.C.

EPA Settles with Syngenta on FIFRA Violation related to Restricted-Use Pesticide

by Bergeson & Campbell, P.C. on

On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced it has reached an agreement with Syngenta Seeds, LLC (Syngenta), a pesticide company in Hawaii, to resolve alleged violations of the Federal...more

Bergeson & Campbell, P.C.

EPA Announces ICR Submission of Unreasonable Adverse Effects Information under FIFRA Section 6(a)(2)

by Bergeson & Campbell, P.C. on

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) announced that it is planning to submit an information collection request (ICR), “Submission of Unreasonable Adverse Effects Information under FIFRA Section...more

Bergeson & Campbell, P.C.

EPA Signs MOA on ESA; Establishes Interagency Working Group

by Bergeson & Campbell, P.C. on

On January 31, 2018, Scott Pruitt, the Administrator of the U.S. Environmental Protection Agency (EPA), announced the establishment of an Interagency Working Group to Coordinate Endangered Species Act (ESA) Consultations for...more

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