EPA published statements of findings after its review of certain TSCA submissions from September 1, 2023, to September 30, 2023, that certain new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment.
EPA announced the availability of and seeks comment on a white paper describing the benefits of the creation, submission, review, approval, and distribution of structured content and digital pesticide labels.
United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs.
EPA announced the availability of and seeks comment on a document that announces several proposed changes to the Agency's Safer Choice Standard, including a name change to the Safer Choice and Design for the Environment Standard.
The Ninth Circuit, 2-1, affirmed a district court's grant of summary judgment for agricultural producers and businesses and a permanent injunction enjoining the California attorney general (AG) from enforcing Proposition 65's carcinogen warning requirement for the herbicide glyphosate. Plaintiffs ar...
The Eighth Circuit granted farming groups' petitions to review EPA's 2021 order banning agricultural use of the insecticide chlorpyrifos. The groups argued EPA's "rushed" decision to revoke all tolerances for chlorpyrifos, in response to a Ninth Circuit order directing the Agency to either revoke al...
The Fifth Circuit affirmed summary judgment for the operator of a chemical storage facility in a lawsuit concerning the operator's 2019 oil spill into the Houston Ship Channel. Shipping companies that were forced to stop operations after the spill sued the operator, seeking economic loss damages und...
EPA proposed to prohibit all manufacture (including import), processing, and distribution in commerce of trichloroethylene (TCE) and industrial and commercial use of TCE for all uses, with longer compliance time frames and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time limited exemptions); prohibit the disposal of TCE to industrial pretreatment, industrial treatment, or POTWs, with a time limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.
EPA added per- and polyfluoroalkyl substances subject to reporting under EPCRA and the Pollution Prevention Act pursuant to the National Defense Authorization Act for Fiscal Year 2020 to the list of Lower Thresholds for Chemicals of Special Concern.
EPA proposed to amend the procedural framework rule for conducting risk evaluations under TSCA to better align with applicable court decisions and the statutory text, reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule.