We take a multidisciplinary approach to address the legal, regulatory, advocacy, and marketplace challenges experienced by companies that manufacture, import, or use chemical-dependent products.
Decades-long experience in the Toxic Substances Control Act (TSCA) and additional federal and state regulations affecting the chemicals supply chain, along with technical knowledge, advocacy experience, and expertise gained as in-house counsel at major chemical companies and trade associations, allow us to help companies anticipate issues, analyze challenges, develop solutions, and guide operations.
Our fluency in both “regular” chemistry and “regulatory” chemistry applies to all aspects of product development and complex regulatory frameworks—national, state, local, and international—that affect businesses. We are intimately familiar with the dynamics of the toxics debate, and our involvement in regulatory rulemaking lends both perspective and support in defense of our clients’ products and product development.
Companies that rely on specific chemicals face far more significant obstacles than before Congress overhauled TSCA in 2016. The Environmental Protection Agency (EPA) now has more authority to evaluate and regulate chemicals across the supply chain. This added authority can impact the availability of critical raw materials, and, along with some state and non-governmental organization efforts, influence marketplace deselection. In this regard, we serve clients as advisors and advocates in dialogue with EPA regarding TSCA implementation and policy development or assist those who find themselves out of compliance or facing enforcement actions.
Our clients are both upstream and downstream companies across a wide range of industries. We assist chemical manufacturers, ranging from basic to specialty chemicals production, and clients whose products depend on chemical compounds, such as manufacturers of glass, flooring, coatings, adhesives, and plastics, as well consumer product and electronics manufacturers, retailers, and others.
During the seven years of negotiations leading up to the enactment of the 2016 TSCA amendments, we represented industry interests in the reform legislation. We are associate members of the American Chemistry Council (ACC) and serve as TSCA counsel to the ACC and other trade associations.
Much of our work revolves around the business impact of current or potential regulation of chemicals used in the production process and manufactured products.
We monitor regulatory and special interest group initiatives and assess their possible effects on our clients and their markets.
We help companies communicate with stakeholders regarding their products, and assist them in developing stewardship programs that encourage appropriate lifecycle management.
We work with companies to commercialize new chemicals and chemical-related technologies under the amended TSCA.
We represent clients in negotiating acceptable risk reduction measures, and, if needed, challenging unreasonable regulations in court.
Internationally, our work involves the U.S. implementation of international chemicals conventions, with a particular emphasis on treaties and related legislation impacting the chemicals and electronics sectors.
We also address chemicals management in other jurisdictions, under, for example, the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation in the European Union, the Canadian Environmental Protection Act 1999, and foreign counterparts to TSCA in Australia, China, South Korea, and other prime international markets for chemical manufacturers, formulators, and producers.
We also help companies meet their responsibilities concerning the following:
- Emergency Planning and Community Right-to-Know Act (EPCRA) notification and reporting.
- Drug Enforcement Administration (DEA) regulations under the Controlled Substances Act and their state counterparts.
- Food and Drug Administration requirements under the Federal Food, Drug, and Cosmetic Act and related statutes that apply to food, food additives and components of cosmetics, dietary supplements, drugs, medical devices, and potential recall issues.
- Consumer Product Safety Commission regulations under the Federal Hazardous Substances Act and related statutes, including reporting product hazards and potential recalls.
- Federal Trade Commission environmental marketing requirements (“Green Guides”) and state counterparts;
- Occupational Safety and Health Administration requirements under its Hazard Communication Standard, which implements the Globally Harmonized System in the U.S.
- Customs and Border Protection reporting requirements for chemical import shipments.
- Commerce Department’s Bureau of Industry and Security requirements under the Chemical Weapons Convention and the Export Administration regulations restricting certain chemical exports.
- Department of Homeland Security Chemical Facility Anti-Terrorism Standards
- Alcohol and Tobacco Tax and Trade Bureau regulations on the industrial use of alcohol, including for fuel purposes.
- California’s Proposition 65 in defending bounty hunter enforcement actions and advising companies on compliance.
- California’ Safer Consumer Products regulations and other California regulatory programs.
- State green chemistry reporting requirements, chemical bans, and restrictions.