USDA APHIS Updates GM Deregulation Decision Process
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.