Memoranda

The U.S. Environmental Protection Agency (EPA) continues to release draft risk evaluations under the Toxic Substances Control Act (TSCA) with the most recent ones released on August 27, 2026 (trans-1,2-dichloroethylene) and September 2, 2026 (1,2-dichloropropane). 91 Fed. Reg. 55337 and 91 Fed. Reg. 56882. EPA states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the...

On August 29, 2026, Canada published two notices under Section 71(1)(b) of the Canadian Environmental Protection Act, 1999 (CEPA) to collect information for the purpose of prioritization, risk assessment, and risk management. Canada is gathering information from Canadian manufacturers, importers, and users on the commercial status, facility information (such as releases), and uses of these substances in Canada. The notice for Phase 1 applies to 184 substances identified as a priority for...

On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit granted Industry Petitioners’ petition for review of the U.S. Environmental Protection Agency’s (EPA) 2024 risk management rule for methylene chloride (MC). East Fork Enterprises v. EPA (No. 24-60227, consolidated with No. 24-60256). The court states that “[f]inding that errors of law occurred and substantial evidence did not support EPA’s decision,” it grants the Industry Petitioners’ petition for...

This memorandum is the first in a two-part series providing an overview of the consortia that are managed by B&C® Consortia Management, L.L.C. (BCCM). Many are aware of Bergeson & Campbell, P.C.’s (B&C®), The Acta Group’s (Acta®), and BCCM’s deep expertise and extensive practice on matters related to the Toxic Substances Control Act (TSCA) and support for consortia clients working on issues related to TSCA. Importantly also, BCCM has extensive experience in other chemical...

On August 27, 2026, Judge Michael H. Simon issued a Findings of Fact and Conclusions of Law in the case of National Association of Wholesaler-Distributors v. Feldon, finding that Oregon's Plastic Pollution and Recycling Modernization Act (RMA) does not violate the Dormant Commerce Clause or the Due Process Clause. Following a five-day bench trial before the U.S. District Court for the District of Oregon in July 2026, Plaintiff National Association of Wholesaler-Distributors (NAW) and...

On August 19, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft risk evaluation under the Toxic Substances Control Act (TSCA) for ethylene dibromide. 91 Fed. Reg. 53618. EPA states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including unreasonable risk to potentially...

On September 2, 2026, U.S. Customs and Border Protection (CBP) published an important and consequential advance notice of proposed rulemaking (ANPRM) stating that it “is considering amending its regulations to give CBP greater visibility into the supply chains of goods imported into the United States.” 91 Fed. Reg. 56408. CBP seeks comments on new requirements that it claims will enhance visibility into the parties involved in the importation of goods, integrate innovative technical...

Ticks have long been an unwelcome consequence of spending time outdoors, but the public health significance of tick exposure is becoming difficult to ignore. Changes in the geographic distribution of tick species, longer periods of seasonal activity in some regions, changing land-use patterns, movement of wildlife hosts, and increased human exposure to tick habitats make the risk of tick-borne disease an increasingly important public health issue in the United States and elsewhere. In the United...

On August 14, 2026, Earthjustice announced that two non-governmental organizations (NGO) filed suit in the U.S. Court of Appeals for the Ninth Circuit challenging the U.S. Environmental Protection Agency’s (EPA) approval of two new chemicals for use in the manufacturing of semiconductors. CHIPS Communities United and Sierra Club seek review of two Consent Orders issued under Section 5 of the Toxic Substances Control Act (TSCA) authorizing the manufacture, processing, distribution in commerce,...

Anticipating an increase in the use of recycled plastics, Health Canada has begun a public consultation on a high-level overview of a proposed food packaging framework. Under Canada’s Food and Drug Regulations (FDR), Health Canada currently conducts a premarket assessment of a food contact material (FCM) only when a request is voluntarily submitted. According to Health Canada’s consultation document, this “may limit Health Canada’s ability to proactively identify and respond to emerging...