Chemicals
Overview
Crowell & Moring's chemicals team helps companies to bring their chemical products to market and keep them there. We also work closely with our clients to anticipate, prepare for, and respond to challenges and threats to the chemistries they rely on.
Insights
Client Alert | 3 min read | 05.16.25
On May 14, 2025, the Environmental Protection Agency (“EPA”) announced that it will keep the current National Primary Drinking Water Regulations (“NPDWR”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) under the Safe Drinking Water Act (“SDWA”), while extending the compliance deadline from 2029 to 2031. EPA further announced it plans to rescind requirements in those regulations applicable to other PFAS and mixtures of certain PFAS in drinking water. The NPDWR consists of legally enforceable primary standards and treatment techniques that apply to public water systems and guide EPA’s enforcement of the SDWA. This announcement follows EPA’s April 28, 2025 press release outlining its priorities for PFAS enforcement, which included 21 actions EPA intends to take to address PFAS and “engage with Congress and industry to establish a clear liability framework that ensures the polluter pays and passive receivers are protected.”
Client Alert | 6 min read | 08.20.24
EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA
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 monetary 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.
Insights
Client Alert | 3 min read | 05.16.25
On May 14, 2025, the Environmental Protection Agency (“EPA”) announced that it will keep the current National Primary Drinking Water Regulations (“NPDWR”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) under the Safe Drinking Water Act (“SDWA”), while extending the compliance deadline from 2029 to 2031. EPA further announced it plans to rescind requirements in those regulations applicable to other PFAS and mixtures of certain PFAS in drinking water. The NPDWR consists of legally enforceable primary standards and treatment techniques that apply to public water systems and guide EPA’s enforcement of the SDWA. This announcement follows EPA’s April 28, 2025 press release outlining its priorities for PFAS enforcement, which included 21 actions EPA intends to take to address PFAS and “engage with Congress and industry to establish a clear liability framework that ensures the polluter pays and passive receivers are protected.”
Client Alert | 6 min read | 08.20.24
EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA
Insights
EPA’s Shift In Chemical and Hazardous Materials Regulation and What Retailers Can Expect
|10.27.21
Crowell & Moring’s Retail & Consumer Products Law Observer
Insights
Client Alert | 3 min read | 05.16.25
On May 14, 2025, the Environmental Protection Agency (“EPA”) announced that it will keep the current National Primary Drinking Water Regulations (“NPDWR”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) under the Safe Drinking Water Act (“SDWA”), while extending the compliance deadline from 2029 to 2031. EPA further announced it plans to rescind requirements in those regulations applicable to other PFAS and mixtures of certain PFAS in drinking water. The NPDWR consists of legally enforceable primary standards and treatment techniques that apply to public water systems and guide EPA’s enforcement of the SDWA. This announcement follows EPA’s April 28, 2025 press release outlining its priorities for PFAS enforcement, which included 21 actions EPA intends to take to address PFAS and “engage with Congress and industry to establish a clear liability framework that ensures the polluter pays and passive receivers are protected.”
Client Alert | 6 min read | 08.20.24
EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA