Verdant Law
Washington, DC
1025 Connecticut Avenue, NW
Suite 1000
Washington, DC 20036
Recent News
Phone
+1.202.828.1233
Washington, DC
1025 Connecticut Avenue, NW
Suite 1000
Washington, DC 20036
+1.202.828.1233
This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.
OKLearn moreWe may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.
Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.
These cookies are strictly necessary to provide you with services available through our website and to use some of its features.
Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.
We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.
We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.
These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.
If you do not want that we track your visit to our site you can disable tracking in your browser here:
We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.
Google Webfont Settings:
Google Map Settings:
Google reCaptcha Settings:
Vimeo and Youtube video embeds:
The following cookies are also needed - You can choose if you want to allow them:
You can read about our cookies and privacy settings in detail on our Privacy Policy Page.
Disclaimer
Supplemented Diet Could Make Waxworms Viable for Plastic Bioremediation
/in Green ChemistryCaterpillars could play a role in breaking down plastic waste—but only if their diet includes certain supplements, according to a preprint research paper from Brandon University scientists in Canada.
The study examines waxworms, the caterpillar larvae of the greater wax moth, which can eat and digest low-density polyethylene (LDPE), one of the world’s most common plastics. When fed only LDPE, waxworms show “decreased survival, growth, and development” compared to those eating their natural honeycomb diet. But researchers discovered a promising combination: equal parts LDPE, honeycomb, and corn syrup.
“Notably, recovery from this diet indicates that LDPE and the associated biodegradation process does not adversely affect larval consumption or fitness,” the research paper states. As a result, “large-scale rearing of G. mellonella on an optimized, co-supplemented diet could have intriguing potential in plastic bioremediation.”
Other experimental diets testing combinations of sugar, vitamins, protein, and food waste proved unsuccessful.
The paper was released on June 24, 2025, and has not yet been peer reviewed.
Real-World Implementation
Waxworms offer several practical advantages for plastic bioremediation. According to the researchers, the “larvae are highly tractable in laboratories/facilities, have high reproductive capacity, require a small footprint relative to biomass, and are voracious feeders.”
In addition, while waxworms on the LDPE-supplemented diet had slower development than those an all-honeycomb diet, the paper argues that may be beneficial because “it allows for longer feeding durations and presumably more plastic consumption overall.”
However, the researchers caution against drawing overly optimistic conclusions from the study. For example, while the experiment used pure LDPE, “all commercially prepared LDPE contain small amounts of stabilizer,” which might impact larval fitness.
Another unknown is whether residual microplastics remain after waxworms digest LDPE.
More information on the paper is available on its SSRN page.
Colorado Proposes Amendments to EPR Regulations to Implement Eco-Modulation
/in EPR, State Policy, Sustainable PackagingThe Colorado Department of Public Health and Environment (CDPHE) has released a proposed rule to introduce eco-modulation—a system that lowers dues for producers who meet specific sustainability incentives under the state’s extended producer responsibility (EPR) program for packaging.
Under Colorado’s EPR program, producers of packaging and paper products will begin paying dues to a producer responsibility organization (PRO) in January 2026 and annually thereafter. When CDPHE first adopted its implementing regulations in June 2024, it left the eco-modulation criteria undefined. The new proposal fills in those details.
Like other state packaging EPR laws, Colorado’s program aims to shift recycling costs from taxpayers to producers. Through a PRO, producers are responsible for expanding recycling access, increasing recycling rates, and funding the recycling system.
Eco-Modulation Benchmarks
The proposed rule establishes several voluntary benchmarks that allow producers to reduce their dues by achieving certain environmental performance goals:
Each benchmark achieved earns producers a 1% reduction in dues for each qualifying material. Bonuses will be applied to 2027 invoices and all invoices thereafter, except the on-package sorting benchmark, which will only be available starting in 2029.
The proposal additionally provides a pathway for producers to dispute the final application of eco-modulation factors to their dues, and eliminates a requirement that producers “submit documents and records to the PRO if they believe they are exempt from covered material.”
According to CDPHE’s website, the public comment period for the rulemaking ended September 28, 2025. However, the page states that the Solid & Hazardous Waste Commission is currently accepting comment, and “strongly encourages” that comments be submitted by November 7. CDPHE will present the commission with its proposed amendments on November 18, 2025.
The statement of purpose accompanying the proposed rule can be found here.
New York to Ban PFAS in Carpet Beginning December 2026
/in EPR, PFAS, State PolicyA New York state law will ban the sale of carpet containing or treated with PFAS “for any purpose” starting December 31, 2026—following in the footsteps of other states, such as Colorado and Maryland, which have already forbid the intentional use of so-called “forever chemicals” in carpeting.
Like those states, the law broadly defines PFAS as “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” The term “carpet” is also defined expansively, encompassing most manufactured articles that are:
Handmade rugs, area rugs, and mats are excluded from the law’s scope.
The ban was originally set to take effect in 2024, but state lawmakers postponed its implementation in 2023. To date, it does not appear that any New York lawmaker has proposed legislation to extend its effective date again, however.
This prohibition is part of New York’s broader carpet extended producer responsibility (EPR) framework. As discussed in a recent post, the EPR program will require that carpet manufacturers fund a carpet collection program and phases-in post-consumer recycled content requirements.
According to a New York State Department of Environmental Conservation (NYSDEC) webpage, the agency is currently “in the preliminary stage of developing” regulations to implement the program and its associated requirements.
EPW to Hold October 23 Hearing on Chemical Regulation
/in News & Events, TSCA ReformThe Senate Committee on Environment and Public Works (EPW) will hold a hearing on chemical regulation this week, offering potential insight into Toxic Substances Control Act (TSCA) reform legislation reportedly being developed in the Senate.
The hearing, titled “Examining the Beneficial Use and Regulation of Chemicals,” is scheduled for 10:30am on October 23, 2025. It will be convened by EPW’s Chemical Safety Subcommittee, which is chaired by Senator John Curtis (R-Utah).
According to EPW’s website, the hearing will include the following panelists:
The hearing was originally scheduled for July but was postponed.
California Governor Blocks Bill Targeting Microbeads and Glitter
/in California, Microplastics, State PolicyA California bill that sought to expand state restrictions on the use of small plastic particles known as microbeads in consumer products was vetoed by Governor Gavin Newsom on October 11, 2025.
Beginning in 2029, AB 823 would have prohibited the sale of:
Under the proposal, companies would have been permitted to sell their existing inventories of these products until 2030.
In his veto message, Newsom wrote:
Existing California law already prevents the sale of personal care products that use microbeads to exfoliate or cleanse in a rinse-off product, such as toothpaste. Products containing less than one part per million by weight of plastic microbeads are exempt.
Two days after the veto, Newsom rejected a separate bill that would have expanded restrictions on the use of PFAS in many consumer products. More on that can be found here.
FDA Defends Phthalate Food Additive Authorizations in Legal Challenge
/in FDA, FFDCAFDA acted reasonably when it denied a petition seeking to remove authorization for five phthalate chemicals used as food additives, the FDA told the D.C. Circuit on August 13, 2025.
The case, Alaska Community Action on Toxics v. FDA, No. 24-1382, marks the latest dispute over the safety of chemicals long used in food packaging and processing. It centers on five phthalates—DCHP, DEHP, DINP, DIDP, and DAP—that remain approved for food use after industry voluntarily revoked authorizations for 23 other phthalates. FDA denied the petitioners’ removal request in 2022 and overruled their objections in 2024, prompting the current appeal.
Decades-Old Safety Data
The petitioners argue that FDA’s denial ignores mounting evidence of phthalates’ hazards. “FDA’s authorizations rely on safety assessments conducted at least 40 years ago,” their March 28, 2025, opening brief states. “In the intervening decades, the evidence of phthalates’ serious health risks—including their capacity to harm children’s brain development and cause life-altering changes in cognition and behavior—has expanded substantially.” They contend that FDA “arbitrarily dismissed” evidence of toxicity and unsafe exposure levels.
In its opening brief, FDA contends that the petitioners have not established standing to bring the case. Even the “most specific declaration…fails to provide any objective evidence of imminent harm,” and the petitioners’ brief fails to show “a ‘substantial probability’ their identified members will suffer specific health effects,” FDA states.
Burden of Proof
If the court reaches the merits, a key dispute will be which party bears the burden of proof. The petitioners argue that the Federal Food, Drug, and Cosmetic Act (FFDCA) only requires “evidence that raises ‘significant questions as to the safety of the authorized uses,’” citing FDA’s 2016 revocations of three PFAS additives as precedent. FDA counters that the petitioners are trying to “sidestep” their evidentiary obligations. “Nothing in the statute supports an approach whereby repeal petitions benefit from vastly more lenient burdens than authorization petitions,” the agency’s brief states.
On the factual record, FDA maintains its denial rested on a “fair evaluation” and that its conclusions “about the lack of sufficient scientific data…merit substantial deference.” The agency alleges flaws in the petition, including its “central premise” that phthalates could be treated as a class—but the petitioners argue that issue was mooted when industry revoked most phthalate authorizations.
A final question is whether FDA was required to hold an administrative hearing before overruling the petitioners’ objections to the petition denial.
More on FDA’s 2022 petition denial can be found in a previous post.
California Governor Vetoes PFAS Bans, Citing Cookware Concerns
/in California, PFAS, State PolicyOn October 13, 2025, California Governor Gavin Newsom vetoed SB 682, a high-profile bill that would have phased out the use of intentionally added PFAS across a wide range of consumer products. The legislation represented one of California’s most comprehensive efforts to limit PFAS use, covering items from cookware to cleaning products.
In his veto message, Newsom wrote that “the broad range of products that would be impacted by this bill would result in a sizable and rapid shift in cooking products available for Californians.” He added that “while this bill is well-intentioned, I am deeply concerned about the impact this bill would have on the availability of affordable options in cooking products.”
Under SB 682, the use of intentionally added PFAS would have been prohibited in cleaning products, dental floss, juvenile products, food packaging, and ski wax beginning in 2028. The ban on PFAS-containing cookware was set to take effect in 2030.
More on SB 682 can be found in a previous post.
New York Carpet Producer Responsibility Program to Launch January 2026
/in EPR, PFAS, State PolicyCarpet manufacturers selling in New York state will soon be required to fund a carpet collection and recycling program under New York’s new carpet extended producer responsibility (EPR) program, which is set to begin July 1, 2026.
New York’s carpet EPR law took effect in December 2024, and requires that carpet producers establish or join a collection program approved by the New York State Department of Environmental Conservation (NYSDEC). Producers may comply individually or by participating in a “representative organization”—the equivalent of a producer responsibility organization (PRO) under other EPR frameworks.
Covered Products
The program applies to most carpet types sold in New York, including but not limited to:
Handmade rugs, area rugs, and mats are excluded from the program’s scope.
Statutory Requirements
The law establishes phased-in requirements for recycled content and recycling performance based on the number of years following NYSDEC’s approval of a producer’s initial program plan.
One year after plan approval:
Five years after plan approval:
Ten years after plan approval:
Fifteen years after plan approval:
In addition, starting December 31, 2026, no carpet sold in New York may contain or be treated with PFAS for any purpose.
If a producer or representative organization fails to meet its performance targets, starting four years after plan approval, NYSDEC will assess a penalty of $0.25 per pound for the shortfall—the difference between the actual amount recycled and the amount required to meet the goal.
Key Deadlines
NYSDEC’s website states that it is “in the preliminary stage of developing” regulations to implement the law. More information is available in a June 2025 NYSDEC webinar slide deck.
EPA Eliminates Backlog of TSCA Substantial Risk Notifications
/in EPA, TSCAEPA has cleared the backlog of section 8(e) submissions under the Toxic Substances Control Act (TSCA) thanks to process improvements, the agency announced on October 10, 2025.
TSCA section 8(e) requires that persons notify EPA when they obtain information that “reasonably supports the conclusion” that a chemical they manufacture, process, or distribute “presents a substantial risk of injury to health or the environment.”
According to the announcement, EPA assembled a team to address the backlog, which reviewed more than 3,000 submissions. Approximately 920 of those submissions were flagged as “high interest and distributed across the agency.”
To prevent future backlogs, the announcement notes that EPA has established a workgroup to develop process improvements, enhanced its categorization system for incoming submissions, and implemented an automated notification system that alerts staff to relevant submissions.
More on TSCA section 8(e) submissions can be found on EPA’s website.
New Mexico Proposes First-Of-Its-Kind PFAS Labeling Requirements
/in PFAS, Right-to-Know, State PolicyOn October 8, 2025, the New Mexico Environment Department (NMED) proposed rules to implement the state’s PFAS Protection Act (HB 212). In addition to phased-in prohibitions and reporting requirements, the proposal includes novel labeling requirements for all products containing intentionally added PFAS, with a compliance deadline of January 1, 2027.
HB 212 broadly defines PFAS as “a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” This definition aligns with those adopted in other states—such as Maine and Minnesota—under their PFAS-in-products laws.
Labeling Requirements
Under the proposed rules, labels must:
For online or catalogue transactions, manufacturers or retailers must clearly disclose PFAS content to customers before purchase on sales literature, webpages, product specification sheets, and marketing materials, as applicable. If product packaging obscures a label on the product itself, the packaging must be labeled in a compliant manner.
Example Labels
In a September 25, 2025, webinar, NMED shared preliminary label designs that would meet the proposed requirements, shown below. The department emphasized that the graphics and language are not final.
Exemptions and Special Cases
Used products are exempt from the proposed labeling requirements. Manufacturers may also request a waiver for products in categories exempt from prohibition and reporting under HB 212—such as medical devices—if they can demonstrate that no PFAS will come into direct contact with consumers during intended use.
Complex durable goods and their components would be subject to alternative labeling requirements but would still need to inform customers of PFAS content.
If other states adopt PFAS labeling requirements, NMED’s proposal would allow manufacturers to comply by meeting comparable labeling rules in another state.
Opportunities for Engagement
For background on HB 212 and its broader PFAS restrictions, see our previous post.