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Articles by Robert Denney
EPA Proposes to Scale Back TSCA PFAS Reporting Rule, Including New Exclusion for Imported Articles (Updated)
This alert was originally published on November 12, 2025, and has been updated to reflect ongoing developments. The U.S. Environmental Protection Agency (EPA) proposed revisions on November 13, 2025 to the reporting rule for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
Rule Finalized Requiring Reporting On All Products Containing PFAS In Minnesota
Ryan J. Carra’s articles from Beveridge & Diamond are most popular: with Finance and Tax Executives with readers working within the Business & Consumer Services, Consumer Industries and Environment & Waste Management industries The Minnesota Pollution Control Agency (MPCA) has adopted a final rule implementing the reporting provisions of the state's PFAS in products law, Minn. St. § 116.943.
Rule Finalized Requiring Reporting on All Products Containing PFAS in Minnesota | JD Supra
The Minnesota Pollution Control Agency (MPCA) has adopted a final rule implementing the reporting provisions of the state’s PFAS in products law, Minn. St. § 116.943. That law, and the resulting rule, impose a first-of-its-kind reporting requirement applicable to all products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The final rule largely tracks the proposed rule released earlier this year, but with some refinements.
EPA Proposes To Scale Back TSCA PFAS Reporting Rule, Including New Exclusion For Imported Articles
Ryan J. Carra’s articles from Beveridge & Diamond are most popular: with Finance and Tax Executives with readers working within the Business & Consumer Services, Consumer Industries and Environment & Waste Management industries The U.S. Environmental Protection Agency (EPA) is proposing revisions to the reporting rule for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
EPA Proposes to Scale Back TSCA PFAS Reporting Rule, Including New Exclusion for Imported Articles | JD Supra
The U.S. Environmental Protection Agency (EPA) is proposing revisions to the reporting rule for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). First promulgated in 2023, the PFAS Reporting Rule in its current form is wide-sweeping, applying to all companies that domestically manufactured PFAS or imported PFAS-containing items during 2011-2022. The current rule includes essentially no exemptions, and now EPA is proposing to change that.
New Mexico Poised to Be First Jurisdiction to Impose Labeling Requirements on All Products Containing PFAS | JD Supra
During a recent webinar, the New Mexico Environment Department (NMED) announced plans to propose a rule that will impose an unprecedented labeling requirements on all products containing intentionally added per- and polyfluoroalkyl substances (PFAS), effective January 1, 2027.
Exemptions Likely For The TSCA PFAS Reporting Rule
Now under review at the Office of Management and Budget (OMB) is a draft proposed rule that could dramatically reduce the scope of the Per- and Polyfluoroalkyl Substances (PFAS) Reporting Rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). While the text of the proposal is as of yet unavailable, the U.S. Environmental Protection Agency (EPA) hinted that the proposed rule would add exemptions common in other TSCA reporting rules but absent from this one.
Exemptions Likely for the TSCA PFAS Reporting Rule | JD Supra
Now under review at the Office of Management and Budget (OMB) is a draft proposed rule that could dramatically reduce the scope of the Per- and Polyfluoroalkyl Substances (PFAS) Reporting Rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). While the text of the proposal is as of yet unavailable, the U.S. Environmental Protection Agency (EPA) hinted that the proposed rule would add exemptions common in other TSCA reporting rules but absent from this one.
Precedent To Be Set For State PFAS In Products Laws As Maine Proposes Currently Unavoidable Use Determinations For Certain Cleaning Product Container Components
Three U.S. states – Maine, Minnesota, and New Mexico – have laws restricting intentionally added per- and polyfluoroalkyl substances (PFAS) in all products under various compliance deadlines. In each of these laws, the restriction applies unless the product is exempt or the relevant regulator determines that the use of PFAS in a product is a currently unavoidable use (CUU).
Precedent to Be Set for State PFAS in Products Laws as Maine Proposes Currently Unavoidable Use Determinations for Certain Cleaning Product Container Components | Beveridge & Diamond PC - JDSupra
Three U.S. states – Maine, Minnesota, and New Mexico – have laws restricting intentionally added per- and polyfluoroalkyl substances (PFAS) in all products under various compliance deadlines. In each of these laws, the restriction applies unless the product is exempt or the relevant regulator determines that the use of PFAS in a product is a currently unavoidable use (CUU).
Deadline Extended For Reporting PFAS In Products In Minnesota, Proposed Minnesota PFAS Reporting Rule Under Administrative Review
Under Minnesota's PFAS in products law, manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) must report those products to the Minnesota Pollution Control Agency (MPCA) by January 1, 2026, unless the MPCA extends that deadline. The MPCA has proposed a rule to implement this PFAS reporting requirement, and in connection with that rulemaking the agency announced on July 23, 2025 that it will delay the reporting deadline by six months.
Deadline Extended for Reporting PFAS in Products in Minnesota, Proposed Minnesota PFAS Reporting Rule under Administrative Review | JD Supra
Under Minnesota’s PFAS in products law, manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) must report those products to the Minnesota Pollution Control Agency (MPCA) by January 1, 2026, unless the MPCA extends that deadline. The MPCA has proposed a rule to implement this PFAS reporting requirement, and in connection with that rulemaking the agency announced on July 23, 2025 that it will delay the reporting deadline by six months.
The One Big Beautiful Bill Act Is Very Ugly For Wind And Solar
BD Beveridge & Diamond More Beveridge & Diamond’s more than 125 lawyers across the U.S. offer decades and depth of experience advising numerous industry sectors on environmental law and its changing applicability to complex businesses worldwide. Our core capabilities encompass facilities and products; U.S. and international matters; regulatory strategy, compliance, and enforcement; litigation; and transactions.
The One Big Beautiful Bill Act Is Very Ugly for Wind and Solar | JD Supra
[co-authors: Brian Elizalde, Alexander Mangoba, 2025 Summer Associates] On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law, significantly revising the U.S. tax code to reflect the Administration’s domestic energy, trade, and national security priorities.
Congress Eyes Sweeping Changes To Carbon And Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, And Forest Residues Carbon Credit Introduced
BD Beveridge & Diamond More Beveridge & Diamond’s more than 125 lawyers across the U.S. offer decades and depth of experience advising numerous industry sectors on environmental law and its changing applicability to complex businesses worldwide. Our core capabilities encompass facilities and products; U.S. and international matters; regulatory strategy, compliance, and enforcement; litigation; and transactions.
Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues Carbon Credit Introduced | Beveridge & Diamond PC - JDSupra
Carbon Project Developers Forestry Agriculture Renewable Energy Environmental Remediation The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to Section 45Q of the Internal Revenue Code (IRC) that would significantly affect carbon capture and storage (CCS) project developers, including provisions of Section 45Q related to credit values and inflation adjustment.
EPA's Path Forward On TSCA Becomes Clearer
After a period of uncertainty, how the U.S. Environmental Protection Agency (EPA) plans to revise its implementation of the Toxic Substances Control Act (TSCA) during the second Trump administration is coming into focus: Risk management rules – EPA intends to revise at least some of the risk management rules that the Biden EPA promulgated, including the exposure limits in some cases. Risk evaluations – EPA plans to reconsider at least one risk evaluation, and reconsideration of others is likely.
EPA’s Path Forward on TSCA Becomes Clearer | JD Supra
After a period of uncertainty, how the U.S. Environmental Protection Agency (EPA) plans to revise its implementation of the Toxic Substances Control Act (TSCA) during the second Trump administration is coming into focus: Risk management rules – EPA intends to revise at least some of the risk management rules that the Biden EPA promulgated, including the exposure limits in some cases. Risk evaluations – EPA plans to reconsider at least one risk evaluation, and reconsideration of others is likely.
Minnesota Pollution Control Agency Releases Proposed Reporting Rule For PFAS In Products
The Minnesota Pollution Control Agency (MPCA) is seeking comment on a first-of-its-kind proposed rule that will require manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) to submit a report to the Agency by January 1, 2026.
Minnesota Pollution Control Agency Releases Proposed Reporting Rule for PFAS in Products | JD Supra
The Minnesota Pollution Control Agency (MPCA) is seeking comment on a first-of-its-kind proposed rule that will require manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) to submit a report to the Agency by January 1, 2026.
New Mexico Becomes Third U.S. State To Prohibit PFAS In Products
This alert was originally published on March 25, 2025, and has been revised based on recent developments. In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material restrictions on all products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Minnesota soon followed suit in 2023, and now New Mexico has become the third through New Mexico House Bill 212.
New Mexico Becomes Third U.S. State to Prohibit PFAS in Products | JD Supra
This alert was originally published on March 25, 2025, and has been revised based on recent developments. In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material restrictions on all products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Minnesota soon followed suit in 2023, and now New Mexico has become the third through New Mexico House Bill 212.
EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule (Updated) | JD Supra
This alert was originally published on March 20, 2025, and has been revised based on recent developments. Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA) that the first Trump EPA had adopted. Now, EPA under the second Trump administration has announced that it plans to reevaluate the amended rule in its entirety.
New Mexico Poised To Become Third U.S. State To Prohibit PFAS In Products
In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material restrictions on all products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Minnesota soon followed suit in 2023, and now New Mexico is set to become the third through New Mexico House Bill 212.
EPA Announces Reevaluation Of The TSCA Risk Evaluation Framework Rule
Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA) that the first Trump EPA had adopted. Now, EPA under the second Trump administration has announced that it plans to reevaluate the amended rule in its entirety.
New Mexico Poised to Become Third U.S. State to Prohibit PFAS in Products | JD Supra
In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material restrictions on all products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Minnesota soon followed suit in 2023, and now New Mexico is set to become the third through New Mexico House Bill 212.
Twelve TSCA Developments To Expect In 2025
This alert was originally published on December 4, 2024, and has been revised based on recent developments. With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations. Here are our projections on the likely developments in the coming year. Expect significant changes to the TSCA program under the Trump EPA relatively soon.
Twelve TSCA Developments to Expect in 2025 (Updated) | JD Supra
March 25, 2025 Ryan Carra, Robert Denney, Mark Duvall, Elizabeth Nugent Morrow Beveridge & Diamond PC + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: This alert was originally published on December 4, 2024, and has been revised based on recent developments. With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations.
EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule | JD Supra
Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA) that the first Trump EPA had adopted. Now, EPA under the second Trump administration has announced that it plans to reevaluate the amended rule in its entirety.
Treasury And The IRS Finalize Clean Electricity Tax Credit Rules
The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) finalized regulations on the clean electricity production tax credit and clean electricity investment tax credit under sections 45Y and 48E of the Internal Revenue Code, respectively.
Treasury and the IRS Finalize Clean Electricity Tax Credit Rules | JD Supra
The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) finalized regulations on the clean electricity production tax credit and clean electricity investment tax credit under sections 45Y and 48E of the Internal Revenue Code, respectively.
Twelve TSCA Developments to Expect in 2025 | JD Supra
With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations. Here are our projections on the likely developments in the coming year. TSCA and its obligations are not going away. The 2016 amendments imposed requirements on the U.S. Environmental Protection Agency (EPA) that only Congress can alter. Further, EPA has adopted regulations that implement those amendments.
Twelve TSCA Developments To Expect In 2025
With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations. Here are our projections on the likely developments in the coming year. TSCA and its obligations are not going away. The 2016 amendments imposed requirements on the U.S. Environmental Protection Agency (EPA) that only Congress can alter. Further, EPA has adopted regulations that implement those amendments.
EPA Finalizes Revisions To PBT Rules For DecaBDE And PIP (3:1)
The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19, 2024. As discussed in our previous alert on the revisions as proposed last year, EPA first regulated these two substances as persistent, bioaccumulative, and toxic chemicals (PBTs) under the Toxic Substances Control Act (TSCA) in January 2021.
EPA Finalizes Revisions to PBT Rules for DecaBDE and PIP (3:1) | JD Supra
The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19, 2024. As discussed in our previous alert on the revisions as proposed last year, EPA first regulated these two substances as persistent, bioaccumulative, and toxic chemicals (PBTs) under the Toxic Substances Control Act (TSCA) in January 2021.
2024 Chemical Data Reporting Deadline Extended by EPA | JD Supra
The U.S. Environmental Protecting Agency (EPA) is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations to extend the September 30, 2024 submission deadline for 2024 reports to November 22, 2024. EPA explained that this extension is in response to technical issues with the 2024 CDR data submission tool, and the amendment is being released as a final rule that will be effective as of the date of publication.
EPA Announces 8-Month Delay in Submission Window for TSCA PFAS Reporting Rule
The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to delay the reporting period by eight months. The Rule, as finalized last year, included a reporting window that would open on November 12, 2024, and close for most companies on May 8, 2025. EPA is now delaying the submission period by eight months.
What’s New? Fifth Circuit Invalidates EPA Orders on Significant “New” Uses | JD Supra
A small business that fluorinates plastic containers and fuel tanks secured a victory on March 21 under the Toxic Substances Control Act (TSCA). The U.S. Court of Appeals for the Fifth Circuit invalidated two unilateral orders the U.S. Environmental Protection Agency (EPA) had issued directing that company to stop fluorinating – and, in effect, to shut down and go bankrupt. The case is Inhance Technologies, L.L.C. v. USEPA, No. 23-60620.
Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products | JD Supra
Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products. Under the law, companies may not sell, offer for sale, or distribute for sale in Maine any product that contains intentionally added PFAS beginning January 1, 2030, unless the use of PFAS in the product has been designated a CUU.
EPA Proposes Revisions to PBT Rules for DecaBDE and PIP (3:1) | JD Supra
The U.S. Environmental Protection Agency (EPA) published proposed revisions to its regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 24. EPA first regulated these two substances as persistent, bioaccumulative, and toxic chemicals (PBTs) under the Toxic Substances Control Act (TSCA) in January 2021.
EPA Proposes to Codify Changes to TSCA Risk Evaluations | JD Supra
The U.S. Environmental Protection Agency (EPA) published proposed revisions of its procedural rule on risk evaluations under TSCA on October 30, 2023. The far-reaching changes are likely to affect all ongoing and future risk evaluations. Stakeholders likely to be affected by future TSCA risk management rules should comment by December 14, 2023.
EPA Proposes to Codify Changes to TSCA Risk Evaluations
Summary The U.S. Environmental Protection Agency (EPA) published proposed revisions of its procedural rule on risk evaluations under TSCA on October 30, 2023. The far-reaching changes are likely to affect all ongoing and future risk evaluations. Stakeholders likely to be affected by future TSCA risk management rules should comment by December 14, 2023.
EPA Adopts PFAS Reporting Requirements Applicable to Article Importers and Chemical Manufacturers | JD Supra
The U.S. Environmental Protection Agency (EPA) has finalized a one-time reporting rule regarding the manufacture (including import) of per- and polyfluoroalkyl substances (PFAS). Despite heavy industry opposition, obligated companies will include importers of articles that contain any amount of PFAS. The rule does not incorporate exemptions typically applied in other Toxic Substances Control Act (TSCA) rules (e.g., byproducts, impurities, most research and development (R&D)).
CPSC Signals Interest in PFAS in Consumer Products | JD Supra
What is happening? The Consumer Products Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in consumer products, potential human exposures to PFAS associated with consumer products use, and alleged human health effects associated with these exposures. Comments to CPSC are due on November 20, 2023.
CPSC Signals Interest in PFAS in Consumer Products
Key Takeaways What is happening? The Consumer Products Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in consumer products, potential human exposures to PFAS associated with consumer products use, and alleged human health effects associated with these exposures. Comments to CPSC are due on November 20, 2023.
EPA Finalizes Reporting and Recordkeeping Rule for Asbestos | JD Supra
Key Takeaways What is happening? The U.S. Environmental Protection Agency (EPA) has finalized a rule requiring asbestos manufacturers, importers, and processors to report certain asbestos exposure-related information. The rule applies to companies that manufactured, imported, or processed asbestos during 2019-2022 and which have annual sales over $500,000 in any of those calendar years.
EPA Finalizes Reporting and Recordkeeping Rule for Asbestos
Key Takeaways What is happening? The U.S. Environmental Protection Agency (EPA) has finalized a rule requiring asbestos manufacturers, importers, and processors to report certain asbestos exposure-related information. The rule applies to companies that manufactured, imported, or processed asbestos during 2019-2022 and which have annual sales over $500,000 in any of those calendar years.
Maine Amends Notification Requirement in PFAS-Containing Products Law | JD Supra
June 12, 2023 Ryan Carra, Nessa Horewitch Coppinger, Robert Denney, Graham Zorn Beveridge & Diamond PC + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Key Takeaways What is happening? Maine has enacted an amendment to the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products.
Federal Court Dismisses NEPA Challenge, Leaving Trump-Era Regulations in Effect, but Stalled During Biden Reconsideration | JD Supra
On June 21, 2021, a federal district court in Virginia dismissed a lawsuit filed by environmental groups against the Trump-era overhaul of regulations under the National Environmental Policy Act ("NEPA"). Our prior article discussed some of the more hotly contested aspects of those regulations, which were finalized by the White House Council on Environmental Quality ("CEQ") in July 2020 ("2020 Rules").
FERC Announces Greenhouse Gas Emissions Will Be Considered in Review of Natural Gas Pipeline Certificates | JD Supra
On March 22, 2021, the U.S. Federal Energy Regulatory Commission ("FERC") issued an order authorizing Northern Natural Gas Company ("Northern") to abandon-in-place a segment of its natural gas pipeline running from Nebraska to South Dakota. Northern Natural Gas Co., 174 FERC ¶ 61,189 (2021) (the "March 22 Order"). The March 22 Order also granted a certificate for Northern to construct and operate new pipeline in order to replace the capacity associated with its abandoned facilities.
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