TSCA Fee Authority Extended Through December 11
Congress has extended EPA’s authority to collect Toxic Substances Control Act (TSCA) user fees from industry through December 11, 2026. The extension, included in a continuing resolution signed into law on September 2, moves the expiration date from September 30 to shortly after the midterm elections. The short-term extension comes as Congress considers whether to […]
Ninth Circuit Upholds EPA’s 2024 New Chemicals Rule
Less than two weeks after oral argument, a Ninth Circuit panel has denied consolidated challenges to EPA’s 2024 rule governing reviews of new chemicals under the Toxic Substances Control Act (TSCA). The ruling upholds EPA’s case-by-case evaluations of persistent, bioaccumulative, and toxic substances (PBTs) for streamlined new-chemical reviews. It also upholds the Agency’s decision not […]
EPA’s Battery-Cathode SNURs Test the Limits of “Significant New Use”
EPA has proposed two significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) that would extend restrictions across the full lifecycle of the cathode substances in lithium-ion batteries, including recycling and reclamation. Industry stakeholders note that this is a departure from ordinary SNUR practice. The rules, published on April 24, 2026, cover […]
Court Rejects EPA Bid to Dismiss TSCA Confidentiality Suit
A federal judge in the Middle District of Georgia has denied EPA’s motion to dismiss a lawsuit brought by Burgess Pigment Company, which is seeking to stop the agency from publicly disclosing the identity of one of its chemical substances. The dispute stems from Burgess’s failure to timely file a required notice under EPA’s “Active/Inactive […]
Coalition Argues TSCA Bars EPA From Weighing Data-Center Benefits in a New-Chemical Review
A coalition of seventeen environmental organizations, led by Earthjustice, has asked EPA to deny a premanufacture notice (PMN) under the Toxic Substances Control Act (TSCA) for a fluorinated immersion-cooling fluid intended to cool data-center equipment. The comments press three lines of attack: that the substance poses an unreasonable risk EPA must act on, that the […]
EPA Takes TSCA Enforcement Action Against Chemical Importer
EPA has initiated a far-reaching administrative enforcement action against Wego Chemical Group, alleging hundreds of violations of the Toxic Substances Control Act (TSCA) stemming from the New York-based chemical distributor’s chemical imports. “Since at least 2016, Wego has imported hundreds of millions of pounds of hundreds of toxic chemicals, mostly from China, without meeting basic […]
Industry Groups Tell Third Circuit That EPA’s TCE Exemption Is Unworkable
Companies granted an exemption from EPA’s ban on trichloroethylene (TCE) are asking the Third Circuit to vacate key conditions of that exemption, arguing that the requirements are so stringent they defeat the exemption’s purpose under the Toxic Substances Control Act (TSCA). The brief, filed May 13, 2026, is one piece of consolidated litigation in which […]
EPA Cannot Use Low Exposure to Justify DecaBDE Inaction, Ninth Circuit Rules
The Ninth Circuit has ruled that EPA’s decisions not to regulate certain decabromodiphenyl ether (decaBDE) exposures under the Toxic Substances Control Act (TSCA) were not supported by substantial evidence, ordering the agency to regulate or better justify its inaction in four areas: recyclable articles, disposal, wastewater, and sewage sludge. The May 13, 2026, ruling leaves […]
Senator Introduces CRA Resolution to Nullify EPA’s PFAS Reporting Extension
Update (August 28, 2026) On August 5, 2026, a motion to proceed to consideration of the resolution failed in the Senate 48-50. Sen. Susan Collins (R-ME) joined all Democrats in supporting the motion. * * * Senator Sheldon Whitehouse (D-RI) has introduced a joint resolution to disapprove EPA’s April extension of the start PFAS Reporting […]
EPA to Host May 6 Webinar on TSCA CBI Claim Expirations
On May 6, 2026, at 4:00 p.m. EDT, EPA will host a webinar on expiring confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). According to EPA, the webinar will help companies, stakeholders, and the public understand the regulatory requirements governing the lifecycle of CBI claims, including how to determine whether a […]