Background - Practices (Details)

Chemicals

Contacts

Representative Matters

  • We advised several global manufacturers and represented their interests on Capitol Hill during negotiations on TSCA modernization and the debate and discussions leading up to enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.
  • We have assisted many clients in understanding and complying with the requirements of “New TSCA,” including "Inventory reset" reporting and reporting on nanoscale materials.
  • We regularly assist clients in obtaining new product clearances under TSCA, including novel product categories such as biotechnology products and products employing nanotechnology. We also have negotiated multiple TSCA section 5(e) consent orders and section 5(a)(2) significant new use rules for new chemicals, when needed to secure their access to the U.S. market.
  • We routinely counsel clients on labeling and testing requirements, import and export requirements, new product development, reporting and recordkeeping requirements, and the applicability of new regulations and evolving agency guidance.
  • We advise companies on legislative and regulatory initiatives at the state, federal and international levels concerning various chemicals of concern, including perfluorinated compounds, brominated flame retardants, bisphenol-A, and others.
  • We assist clients in preparing for and complying with emerging state regulatory programs governing chemical products, such as California’s Safer Consumer Product Regulations and Maine’s Act to Protect Children’s Health and the Environment from Toxic Chemicals in Toys and Children’s Products.
  • We often assist companies to defend themselves against enforcement actions brought by EPA and state regulatory agencies, and we frequently help companies to mitigate their risk of civil commentary penalties under TSCA by effectively using EPA’s Audit Policy, New Owner Policy, and Small Business Compliance Policy.
  • We have performed product regulatory due diligence in connection with many acquisitions and sales of chemical companies, business units, and product lines.
  • Finally, because the chemical industry is global, we assist clients through our Brussels office in identifying and complying with their obligations under the European Union’s Regulation Concerning the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) and related legislation in the EU.