Regulatory Counseling & Rulemaking
Our attorneys regularly advise clients concerning their regulatory compliance obligations and defend them in enforcement proceedings under the full range of US environmental laws, including Clean Air Act, Clean Water Act, Oil Pollution Act, Endangered Species Act, CERCLA, RCRA, TSCA, FIFRA, EPCRA, HMTA, NEPA, MPRSA, OSHA, and SMCRA, as well as many comparable state regulatory programs.
Clients frequently turn to us when the most difficult, interpretive, novel, or costly regulatory questions confront them. Our regulatory experience covers:
- hazardous wastes;
- clean air and clean water issues;
- commercial and consumer use chemical products including antimicrobials and pesticides;
- groundwater protection and drinking water concerns;
- hazard communication, and various "right-to-know" disclosure duties; and
- financial or release reporting issues.
We assist in-house counsel and regulatory affairs officials in developing and implementing company compliance programs and management systems, including "self-audits" and other types of internal reviews. Our attorneys are experienced and adept at teaming with in-house staff, often serving in an advisory capacity to resolve questions not previously faced by the client.
Our Environmental practice also routinely represents clients who need to defend their business and products in government-initiated regulatory compliance actions that can threaten core products and business sectors. We represent clients before the EPA and other government agencies in:
- seeking and securing regulatory interpretations and clarifications;
- commenting upon proposed rulemakings;
- preparing testimony for public meetings;
- defending products and processes from various threats;
- filing judicial challenges to final rules; and
- preparing legislative strategies or providing representation on key issues before Congress and state legislatures.
Advises concerning current and potential future standards regarding the development of nano-scale materials that are subject to TSCA and FIFRA.
Provided advice concerning requirements that pertain to genetically manufactured crops, including those implemented by the USDA, EPA, and contemporary EU standards
Counseled concerning adverse effects reporting requirements pursuant to TSCA, FIFRA, CPSA, and international adverse effects reporting requirements.
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.
Provided counsel concerning TSCA test rule developments, obligations and negotiations of enforceable testing agreements.