Memoranda

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...