James "Jim" Chen is a partner in the Washington, D.C. office of Crowell & Moring, LLP. As an environment, health and safety attorney, Jim currently co-chairs the firm's Product Risk Management practice and is a member of the firm's Environment & Natural Resources Group. He also works closely with the Public Policy 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.

Environmental Practice
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, waste and mobile source emissions under the Clean Air Act. In the chemical and waste regulatory area, Jim has assisted clients with a number of issues arising under the Resource Conservation and Recovery Act (RCRA), 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 more recent representative experience in this area includes:

• Defending a major transport company for alleged violations of RCRA that resulted in a settlement with EPA Region IV of less than $15,000 (from an a potential proposed penalty in excess of a quarter of a million dollars);
• Defending a surplus aircraft parts company in the course of a state and federal Superfund action including allegations of illegal dumping of hazardous waste at seven facilities;
• Working with a trade association client to develop approaches on potential applicability of TSCA and FIFRA to nanotechnology and representing that client before EPA;
• Representing clients in data compensation matters both pursuing appropriate data compensation for original data submitters and defending registrants citing to previously submitted data, including participation in arbitration proceedings where necessary.
• Obtaining an exemption from the requirements of acute toxicity testing from EPA on behalf of a consumer pesticide product;
• Providing review of advertising and labeling of products subject to FIFRA requirements;
• Preventing and defending enforcement actions taken by the EPA and state regulators against clients for alleged violations of FIFRA and TSCA

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 more recent representative experience in this area includes:

• Advising a light duty manufacturer regarding aspects of EPA's proposed greenhouse gas regulatory scheme for the transportation sector, including potential interface with the Corporate Average Fuel Economy regulations administered by the National Highway Traffic Safety Administration
• Advising a manufacturer of heavy-duty engines regarding compliance options under both on-road and non-road engine emission requirements;
• Assisting a manufacturer of stationary source engines understand and apply the new certification requirements applicable to such engines under 40 C.F.R. Part 60;
• 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.

Health and Safety Practice
In the transportation and safety arena, his practice includes statutes administered by the National Highway Traffic Safety Administration (NHTSA), the U.S. Coast Guard (USCG), and the Occupational Safety and Health Administration (OSHA). Jim also conducts environmental due diligence reviews as part of corporate transactions. His more recent representative experience in this area includes:

• Representing a trade association regarding compliance with OSHA's Hazard Communication Standard, including changes to the Standard (HCS) based on the Globally Harmonized Standard for Chemical Classification and Labeling;
• Advising clients regarding compliance with OSHA standards, including HCS, lock-out/tag-out requirements and the general duty clause;
• Successfully obtaining a determination of inconsequential noncompliance for an automobile equipment supplier negating the need for costly recall;
• Counseling an equipment manufacturer regarding obligations under the Early Warning Reporting requirements of the TREAD Act;
• Representing several first tier automobile equipment manufacturers in investigations involving incidents in vehicles alleged to have been the result of that equipment;
• On behalf of a major automobile manufacturer, successfully obtaining an exemption from the dual fleet requirements of the Corporate Average Fuel Economy (CAFE) program;
• Representing marine equipment suppliers in service campaigns conducted under the jurisdiction of the USCG;
• Providing interpretations to marine equipment manufacturers regarding USCG requirements applicable to the recreational boating and commercial vessel industry.

In addition to his active practice, Jim is currently serving his fifth term as a vice chair on the American Bar Association's Committee on Pesticides, Chemical Regulation and Right-to-Know. 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, RCRA Enforcement Division as part of the Agency's Honors Hire program. He later transferred to EPA's Office of Enforcement and Compliance Assurance, Toxics and Pesticides Enforcement Division before entering private practice. Immediately prior to joining Crowell & Moring, he was 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
"Federal Enforcement Regarding Marketing Claims in Light of the 2009 H1N1 Pandemic," Bloomberg Health Law Report (February 2010). Co-Authors: James C. Chen, Jennifer E. Schlosser and Jennifer G. Knight.

"EPA Releases Broad Chemical Reform Principles and Seeks Industry Data for Immediate Risk Management Plans," Crowell & Moring Product Risk Management Law Alert (October 2, 2009). Co-Authors: James C. Chen, Monica M. Welt and Elliott P. Laws.

"Export of Hazardous Materials and Restricted Articles from the United States," International Contract Manual (2009). Co-Authors: Lorraine B. Halloway, James Chen and Christopher Gagne.

"Complications seen as E.U. updates 'green' rules," EE Times (June 2009). Co-Authors: James C. Chen and Giles Chappell.

"The Impact of REACH on US Companies," Environmental Law360 and Product Liability Law360 (December 29, 2008). Co-Authors: James C. Chen and Giles Chappell.

"REACH: The Long Arm of European Regulation Touching U.S. Companies," Industry Week (November 20, 2008). Co-Authors: James C. Chen and Giles Chappell.

"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 Florida 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.

Speeches & Presentations
"Environmental Law On Either Side of the Border: A Comparison of Environment Canada and U.S. EPA," Personal Care Products Council Legal and Regulatory Conference, Vancouver, British Columbia, Canada (June 19, 2009). Panelist: James C. Chen.

"New EU Laws on Electronics and other Energy-Related Products: Will you be in Compliance?," Crowell & Moring Webinar (June 4, 2009). Co-Presenters: James C. Chen and Giles Chappell.