James Chen is a partner in the Washington, D.C. office of Crowell & Moring, LLP and a member of the firm’s Environment & Natural Resources Group. He also works with the Product Risk Management practice. Jim’s practice involves counseling, policy and rulemaking, and administrative and legislative representation for a variety of clients on major federal and state environmental, transportation and safety laws. Jim works closely with clients to plan, develop and execute cost-effective compliance and expansion options.

In the environmental arena, Jim's practice includes all the major statutory schemes administered by the U.S. Environmental Protection Agency (EPA) with a particular focus on chemicals regulation and mobile source emissions under the Clean Air Act. In the transportation and safety arena, his practice includes statutes administered by the National Highway Traffic Safety Administration (NHTSA) and the Occupational Safety and Health Administration.

In the chemical substances regulatory area, Jim has assisted clients with a number of issues arising under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Toxic Substances Control Act (TSCA), Emergency Planning and Community Right to Know Act (EPCRA) and related statutes. His representative experience in this area includes:

• Preventing and defending enforcement actions taken by the EPA and state regulators against pesticide and chemical manufacturing clients for alleged violations of FIFRA and TSCA; representing the clients’ interests with regard to new and proposed pesticide and chemical policies and rules;
• Obtaining pesticide registrations for an importer of pool chemicals and a manufacturer of a liquid chemical disinfectant;
• Assisting in the successful filing of a food additive pre-manufacture notification for additional non-food commercial uses on behalf of its manufacturer;
• Successfully obtaining an exemption for a chemical from the EPA high volume production test initiative;
• Successfully representing a wireless telecommunication provider in an audit of EPCRA compliance that led to a zero penalty consent agreement with EPA;
• Developing a general environmental compliance manual for a large home improvement warehouse client and providing guidelines and counsel on how to avoid triggering asbestos responsibilities under the Clean Air Act and the Occupational Safety and Health Act.

In the mobile sources area, Jim has assisted clients with a number of issues involving automobile, truck and other mobile source emission certifications and compliance under the Federal Clean Air Act and California’s Health & Safety Code. His representative experience in this area includes:

• Working with a coalition of truck engine manufacturers in order to prevent rollback of new, more stringent standards on diesel fuel. These fuel standards are necessary for model year 2007 and later truck engines to meet applicable emission standards;
  
• Successfully removing two truck engine manufacturers from an investigation of the entire industry for use of alleged emission control "defeat" devices; representing those same clients in the negotiated rulemakings that led to the issuance of the 2007 and 2010 emission standards for truck engines;
• Counseling an automobile manufacturing client on the Tier II emission requirements and how application of the new standards and credit trading will affect future product plans for the automobile market;
• Developing an automobile manufacturer’s strategy on addressing new greenhouse gas regulations imposed on vehicles certified to California standards.

In the transportation and safety sectors, Jim’s practice includes the major statutes administered by the NHTSA. His representative experience in this area includes:

• On behalf of an automobile manufacturing client, successfully obtaining an exemption from the dual fleet requirements of the Corporate Average Fuel Economy (CAFE) regulatory program;
• Obtaining favorable interpretation letters pertaining to safety requirements from the Chief Counsel’s Office of NHTSA on behalf of automobile and truck manufacturers and automotive equipment suppliers;
• Representing automobile and supplier manufacturing clients in submission of comments directly affecting and guiding several key rulemakings under the Transportation Recall Enhancement Analysis and Documentation (TREAD) Act.

In addition to his active practice, Jim is currently serving his third term as a vice chair on the American Bar Association’s Committee on Pesticides, Chemical Regulation and Right-to-Know. He is also an active member of the ABA's Committee on Sustainable Development, Ecosystems and Climate Change. Jim has authored numerous articles on relevant topics and served as an editor of environmental and safety textbooks and guides for several national organizations.

Upon graduation from Case Western Reserve University - School of Law, Jim was hired by EPA's Office of Enforcement as part of the Agency's Honors Hire program. He was most recently a partner in the Washington, D.C. office of Hogan& Hartson, LLP.

Education
University of NY at Buffalo , B.A., 1988
Case Western Reserve Law School, J.D., 1991

Affiliations
Admitted to practice: District of Columbia, New York

Publications
"Unique Problems Associated with Internal Investigations in Environmental Cases," Chapter 9, ABA Section on Litigation's Internal Corporate Investigations Manual (2007). Co-Author: James Chen and Michele C. Coyle.

"TSCA - Poised for New Directions in the United States or Has Floria Sung Her Last?," ABA Committee on Pesticides, Chemical Regulation and Right-to-Know Newsletter (August 2006). Co-Authors: James C. Chen and Ty Carson.

"Regulation of Nanoscale Materials under the Toxic Substances Control Act," American Bar Association, Section of Environment, Energy, and Resources (June 2006). Co-Authors: Christopher L. Bell, Mark N. Duvall, James C. Chen, James Votaw, et al.

"The Adequacy of FIFRA to Regulate Nanotechnology-Based Pesticides," American Bar Association Section of Environment, Energy, and Resources (May 2006). Co-Authors: Mark N. Duvall, James C. Chen, Warren U. Lehrenbaum, et al.

"Making a Splash: Application of Registered Pesticides and the Requirement for NPDES Permits under the Clean Water Act," ABA Committee on Pesticides, Chemical Regulation and Right-to-Know Newsletter (August 2005). Author: James Chen.

"Raising the Heat: Climate Change Litigation in the United States," ABA Committee on Sustainable Development, Ecosystems and Climate Change Newsletter (April 2005). Author: James Chen.

Environmental Compliance Assistance Guide for Colleges and Universities, published by the Association of Higher Education Facilities Officers (2002). Editor and Legal Reviewer: James Chen.

12th edition - National Safety Council’s Accident Prevention Manual, published by the National Safety Council (2001). Editor: James Chen.

"New Food Quality Protection Act Brings Big Changes," Snack World Magazine (February 1997). Author: James Chen.

"Pesticide Inerts Decision Provides Inroads into Disclosures Under FOIA," Pesticide & Toxic Chemical News (November 6, 1996). Author: James Chen.

"Tolerance Reviews Suspended Pending EPA Assessment of Food Quality Law," Pesticide & Toxic Chemical News (August 21, 1996). Author: James Chen.