Capabilities
Environmental

Chemicals

Arnold & Porter's Chemicals Regulation & Defense team represents a broad spectrum of businesses around the globe that manufacture, process, distribute, and use chemical substances, pesticides, biochemicals, and antimicrobial products, including nanoscale materials and genetically modified materials. We draw upon the skills and insights of attorneys who formerly held senior leadership positions in the US EPA and other regulatory agencies. Many of our attorneys also hold degrees in chemistry, chemical engineering, computer science, medicine, and other technical disciplines, and we have well-established working relationships with the top experts around the world in key scientific disciplines.

Our Chemicals team is well known for our strong record of counseling clients on national and international regulatory compliance and defending their interests in enforcement proceedings under virtually every major statute including:

  • Toxic Substances Control Act (TSCA);
  • Federal Insecticide, Fungicide and Rodenticide Act (FIFRA);
  • Emergency Planning and Community Right-to-Know Act (EPCRA);
  • Food, Drug and Cosmetic Act;
  • Occupational Health & Safety Act (OSHA);
  • Clean Air Act;
  • Clean Water Act; and
  • REACH.

We also regularly advise on state and local regulatory programs, which includes our renowned California Proposition 65 practice, as well as considerable experience with California's "Green Chemistry" program. Our Chemicals team brings extensive experience commenting on proposed rulemakings; securing regulatory interpretations, challenging agency rules in court, intervening to defend agency rules against legal challenges brought by adverse parties, responding to citizen suits, and handling other chemicals-related litigation.

Experience

Reckitt Benckiser d-Con litigation

Represented client in EPA’s efforts to cancel Reckitt’s popular d-Con rodenticides and in challenging the California Department of Pesticide Regulation’s effort to restrict consumer uses of  the products in California

Multinational materials manufacturer Development of nano-scale materials

Advises concerning current and potential future standards regarding the development of nano-scale materials that are subject to TSCA and FIFRA.

Materials manufacturer Internal TSCA audit negotiation with EPA

Negotiated with EPA the first-ever "advance" agreement with EPA to perform an internal TSCA Audit covering multiple facilities and all core facets of TSCA compliance, including stipulated penalties and penalty caps.

Multinational materials manufacturer TSCA test rule developments

Provided counsel concerning TSCA test rule developments, obligations and negotiations of enforceable testing agreements.

Large multinational company International requirements concerning pesticides and pesticide residues in consumables

Established global system for crop pesticide residue level requirements.

More

Perspectives

EPA Issues for Review the Draft Updated TSCA Inventory
Advisory
The Chemical Compound—April 2018
Legal Updates on High Priority Chemicals and Important Chemical-Regulatory Developments
TSCA Inventory Reset Rule: What's Next for Processors?
Advisory
EPA Releases Proposed TSCA Fees Rule, Establishes Deadline for Comment
Alert
Significant New TSCA Fees Rule Proposed by EPA
Advisory
More
Overview

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