News & Analysis as of

Federal Insecticide, Fungicide and Rodenticide Act

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

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

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

EPA Withdraws Several Pesticide-Related Rulemakings from the Regulatory Agenda

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

EPA Releases Strengthening Transparency in Regulatory Science Proposed Rule

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

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

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

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

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

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

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

EPA Releases New PR Notice on Determination of Minor Use

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

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

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

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

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

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

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

EPA Signs MOA on ESA; Establishes Interagency Working Group

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

DPR Issues Notice Restricting Certain Applications or Amendments for Products Containing Active Ingredients under Reevaluation

by Bergeson & Campbell, P.C. on

On January 3, 2018, the California Department of Pesticide Regulation (DPR) issued Notice 2018-01: Expanding Use of Pesticide Products Under Reevaluation. Under Notice 2018-01, effective immediately, DPR will not act upon...more

FINRA’s 2018 Regulatory and Examination Priorities Letter Includes Initial Coin Offerings and Cryptocurrencies

On January 8, 2018, the Financial Markets Regulatory Authority (“FINRA“) published its 2018 Regulatory and Examination Priorities Letter which identifies topics that FINRA will focus on in the coming year. Included for the...more

EPA Adjusts Civil Monetary Penalty Amounts for 2018

by Bergeson & Campbell, P.C. on

On January 10, 2018, the U.S. Environmental Protection Agency (EPA) issued its final rule to adjust the level of statutory civil monetary penalty amounts under the statutes that EPA administers, including the Federal...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Resetting The TSCA Inventory: Why This Is Important,” Environmental Quality Management, Volume 27, Issue 1, Fall 2017: On August 11, 2017, the U.S. Environmental Protection Agency (EPA)...more

Uncertain Outlook for EPA Pesticide Budget

Time is running out on the Pesticide Registration Improvement Act (PRIA), and it could die a natural death on January 19, 2018, absent Congressional action. Congress enacted PRIA in 2003 and in so doing established a fee...more

Ninth Circuit Simultaneously Denies Motion to Dismiss Without Prejudice and Grants Motion to Expedite

On December 20, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order in LULAC v. Pruitt, Case No. 17-71636, a case challenging an order denying administrative petitions to revoke the tolerances and cancel the...more

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2018

I. UNITED STATES: CHEMICAL FORECAST - Predictions and Outlook for the U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention 2018 - What a difference a year makes. To some extent, the...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - Deadline Approaching For Comments On EPA’s Proposed Reporting Requirements For TSCA Mercury Inventory: As reported in our TSCAblog® item, on October 26, 2017, the U.S. Environmental Protection Agency (EPA)...more

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