The Firm has substantial experience representing clients whose products and activities are subject to EPA's broad chemical regulatory authority under the Toxic Substances Control Act (TSCA). We have also been actively involved in EPA’s enhanced chemical management program, including counseling and advocacy concerning chemical action plans and initiatives concerning confidential business information. Because TSCA and related programs affect such a wide range of activities, we emphasize the importance of fully understanding our clients’ business concerns and the development of practical approaches to resolving toxic substance issues. We are proud to be an Associate Member of the American Chemistry Council.
Our compliance counseling in this area includes regulatory interpretation and advice; working with clients to develop or improve TSCA compliance programs; conducting custom-tailored, in-house TSCA training seminars; and representation before EPA to resolve compliance issues. These services cover all aspects of TSCA and related requirements, including:
Our practice also includes counseling and advocacy on state chemical management activities, including California's Green Chemistry Initiative and Proposition 65, other state green chemistry laws, and state chemical-specific restrictions on products. We also help clients address the business impacts of today’s focus on potentially toxic materials. We monitor regulatory and interest group initiatives and assess their potential effects on our clients and their markets. We help clients communicate with stakeholders about their products and develop product stewardship programs that encourage appropriate life-cycle management, reducing the risks of – and to – their products. If product restrictions are proposed, we represent our clients in commenting on Agency rulemakings, negotiating acceptable risk reduction measures, and, if necessary, challenging unreasonable restrictions in court.
We have defended clients in major TSCA enforcement actions, including negotiating with EPA and the Department of Justice, litigating civil penalty assessments before Administrative Law Judges, and defending TSCA injunctive actions filed by the government in federal court.
With legislative changes to TSCA now under consideration, we counsel companies and trade associations regarding the issues involved and their positions on these issues. We also host the TSCA Dialogue Group, a unique forum for companies and trade associations throughout the value chain to discuss their perspectives and learn from other stakeholders.