(T) (202) 789-6027

  pmoffat@bdlaw.com
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1350 I Street, N.W.
Suite 700
Washington, DC 20005-3311
Washington

• Nanotechnology
• REACH Compliance
• Toxic and Harmful Substances/TSCA
• Workplace Health and Safety
• Environmental
• Litigation

• University of Florida (M.S., Environmental Engineering Sciences, 2000)
• University of Florida College of Law (J.D., 2000, with high honors, Order of the Coif)

• District of Columbia (2002)
• Maryland (2001)
• U.S. Supreme Court (2005)
• U.S. Court of Appeals, District of Columbia Circuit (2005)
• U.S. District Court, District of Columbia (2002)
• U.S. District Court, Maryland (2002)
• ABA Section on Environment, Energy, and Natural Resources

Mr. Moffat graduated with high honors from the University of Florida College of Law while earning his Master's of Science in Environmental Engineering from the College of Engineering. Mr. Moffat's education and experience have enabled him to assist members of various industrial and commercial sectors with highly technical matters arising in the litigation, regulatory, and transactional contexts. His practice primarily focuses on providing counseling and litigation assistance to multinational companies and consortia on environmental, health and safety regulation of industrial and consumer products, including chemicals, pharmaceuticals, and electronics.

His experience with risk assessment and risk management enabled him to actively participate in multiple activities related to the emerging field of nanotechnology.  In 2005, Mr. Moffat joined the United States' Technical Advisory Group (TAG) where he is currently a member of the delegation representing the U.S. before the International Organization for Standardization (ISO) Technical Committee (TC 229), "Nanotechnologies." Mr. Moffat also is a member of the U.S. Council for International Business's Nanotechnology Working Group, which is formulating positions for the U.S. business community on the policy and regulatory activities underway at the Organization for Economic Cooperation and Development (OECD).

Mr. Moffat's regulatory and transactional experience includes:

• Providing regulatory compliance advice for companies manufacturing and importing chemical substances subject to the Toxic Substances Control Act (TSCA).

• Counseling chemical companies and consortia on their participation in EPA's TSCA HPV Challenge, a voluntary chemicals testing program.

• Providing strategic advice on REACH implementation for non-EU manufacturers.

• Advising companies in various industrial sectors on emerging domestic (OSHA, EPA, FDA) and international regulatory and tort liability issues associated with the development and commercialization of nanotechnologies.

• Assisting a specialty chemicals company with developing its Material Safety Data Sheet (MSDS) under OSHA's Hazard Communication standard for a nanoparticle-based product and analyzing the potential FIFRA, TSCA, and tort liability implications of manufacturing and marketing the product.

• Advising a chemical company on domestic liability issues attending several countries' (Sweden, Canada, and the United Kingdom) environmental and human health risk assessments and risk management measures for the perfluorinated chemicals, PFOA and PFOS.

• Counseling manufacturing facilities on compliance with the toxic chemical release reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) TRI and Pollution Prevention Act programs.

• Advising companies in various industrial sectors on compliance with the chemical inventory reporting requirements in EPCRA Sections 311 and 312, including the availability of the OSHA and EPCRA "articles" exemptions.

• Preparing and submitting comments on workplace exposure guidelines promulgated by the American Conference of Governmental Industrial Hygienists (ACGIH).

• Representing manufacturing facilities in the negotiation of Clean Water Act (CWA) National Pollution Discharge Elimination System (NPDES) permits as well as counseling compliance with permit terms.  

• Preparing and submitting comments to the US EPA on behalf of a coalition of NPDES permit holders in response to proposed CWA Total Maximum Daily Loads (TMDLs) for mercury-impaired waters.

• Assisting clients with environmental issues in domestic and international commercial transactions and project developments, including those involving coal bed methane (CBM), liquefied natural gas (LNG), oil, hydropower, and alternative energy products. 

Mr. Moffat recently appeared as counsel of record for the American National Standards Institute, Inc., on its amicus curiae brief to the Supreme Court of the United States in support of the petition for a writ of certiorari in Nokia, Inc., et al. v. Garret Naquin, et al.  His litigation experience includes:

• Defending a member of the voluntary standards community from product liability claims for its role in the development of radiofreqeuncy (RF) radiation emissions standards and conformity assessment protocols for wireless handheld telephony.

• Defending a major wireless telecommunications company in an EPA enforcement action alleging violations of EPCRA, the Clean Water Act, and the Clean Air Act.

• Defending a manufacturing facility against a state enforcement action for alleged violations of the copper water quality-based effluent limitations (WQBEL) contained in its NPDES permit.

• Representing several mentally challenged individuals in pro bono litigation contesting the inadequate conditions and treatment at the public mental health institution where they reside.

• Developing technical and regulatory aspects of liability defenses on behalf of a chemical manufacturer in toxic tort litigation alleging exposure to PFOA and PFOS.

• Representing a major energy company in toxic tort litigation involving Naturally Occurring Radioactive Material (NORM).

• Developing technical and regulatory aspects of liability defenses in natural resource damages litigation concerning MTBE.

Mr. Moffat is actively involved with his community, Alexandria, Virginia, where he is a member of the Parker-Gray Board of Architectural Review.