EPA Enforcement Priorities in U.S. Pesticide Law

An ELI & Sidley Austin LLP Co-Sponsored Webinar

The U.S. Environmental Protection Agency has long governed federal pesticide law under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA has a broad reach, overseeing conventional insecticides, but also plant growth regulators, antimicrobial surface disinfectants, pesticide “devices” like germicidal ultraviolet light systems or ozone generators, and more. Currently, EPA has continued to stress FIFRA as a leading priority area in national enforcement guidance.

Under FIFRA, EPA has specific authority to regulate products meant to provide surface disinfection from bacteria, microbes, and viruses. Indeed, products making claims to mitigate SARS-CoV-2, the novel coronavirus causing COVID-19, have fallen under intense scrutiny from EPA recently. Meanwhile, the focus on FIFRA compliance issues is increasingly intersecting with EPA’s growing scrutiny of imports to the U.S. Import reviews target traditional pesticide products, and now also center on nontraditional items such as UV lights and air purifiers.

Given these trends, questions are arising over EPA’s enforcement priorities in U.S. pesticide law. What are EPA’s strategies for enforcing federal pesticide law? What new or unexpected directions is the agency focusing on, especially in regards to compliance of nontraditional products, including those created in response to COVID-19? Expert panelists will address these questions, provide practical guidance on compliance with FIFRA, and explore FIFRA enforcement priorities.


PFAS and the Toxics Release Inventory – New Reporting Obligations from the National Defense Authorization Act of 2020

As of January 1, 2020, companies have new obligations to report releases of per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) based on the National Defense Authorization Act (NDAA) for Reporting Year 2020. The NDAA added reporting obligations for 172 individual PFAS chemicals. This potentially impacts any company using any of these PFAS chemicals in their processes, including use of PFAS-containing firefighting foam for training and/or actual fire suppression. This webinar will address this change and also review recent updates to the general regulatory landscape for PFAS issues and practice pointers for TRI enforcement and voluntary disclosures to reduce liability.