Toxic Substances and Pesticides

We have a broad toxic substances and pesticides practice, representing trade associations and companies on product-related matters under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Emergency Planning and Community Right-to-Know Act (EPCRA), and related statutes. Our projects have included:

Counseling and representing companies in connection with product registration and re-registration procedures and chemical classification programs, including novel product categories such as minimum risk pesticides, treated articles, and biotechnology products.
Counseling on labeling and testing requirements, import requirements, marketing claims, new product development, and the applicability of new regulations and evolving agency guidance.
Representing pesticide registrants in the negotiation of data compensation settlements, including defending against a petition to deny registration filed by an original data submitter.
Participating with the American Bar Association in drafting white papers and briefing EPA’s General Counsel regarding the application of existing toxic and pesticide chemical statutes to the emerging area of nanotechnology.
Representing chemical interests before EPA’s Office of Pesticide Programs regarding the application of existing laws to nanoscale pesticides.
Counseling a trade group regarding Food and Drug Administration testing requirements applicable to agricultural commodities imported into the United States, including use of U.S. Pesticide Analytical Manual guidelines to affect minimal risk level policies in countries outside the United States.
Defending against enforcement actions brought by EPA and its regional offices.
Successfully litigating against EPA’s efforts to expand the Toxic Release Inventory program. Barrick Goldstrike Mines Inc. v. Browner, 215 F.3d 45 (D.C. Cir. 2000).