USDA APHIS Updates GM Deregulation Decision Process

JULY 29, 2025

The USDA’s Plant Health Inspection Service (APHIS) has updated its process for reviewing petitions to deregulate genetically modified (GM) organisms. As a result, APHIS will no longer conduct environmental reviews under the National Environmental Policy Act (NEPA) when determining if a GM organism should be regulated. This aligns with recent amendments to NEPA and a 2025 US Supreme Court ruling, which both confirmed that agencies are not required to assess environmental effects when they have no discretion in their decisions.

When evaluating requests for non-regulated status, APHIS will first determine if a modified organism poses a greater plant pest risk relative to its comparator. If it is found to not be a plant pest, APHIS will conclude its review and must grant non-regulated status, as it lacks further jurisdiction.