Capabilities

Chemicals

Arnold & Porter Kaye Scholer's Chemicals Regulation & Defense team represents a broad spectrum of businesses around the globe that manufacture, process, distribute, and use chemical substances, pesticides, biochemicals, and antimicrobial products, including nano-scale materials and genetically modified materials. We draw upon the skills and insights of attorneys who formerly held senior leadership positions in the US EPA and other regulatory agencies. Many of our attorneys also hold degrees in chemistry, chemical engineering, computer science, medicine, and other technical disciplines, and we have well-established working relationships with the top experts around the world in key scientific disciplines.

Our Chemicals team is well known for our strong record of counseling clients on national and international regulatory compliance and defending their interests in enforcement proceedings under virtually every major statute including:

  • Toxic Substances Control Act (TSCA);
  • Federal Insecticide, Fungicide and Rodenticide Act (FIFRA);
  • Emergency Planning and Community Right-to-Know Act (EPCRA);
  • Food, Drug and Cosmetic Act;
  • Occupational Health & Safety Act (OSHA);
  • Clean Air Act;
  • Clean Water Act; and
  • REACH.

We also regularly advise on state and local regulatory programs, which includes our renowned California Proposition 65 practice, as well as considerable experience with California's "Green Chemistry" program. To assist our clients with these matters, we track developments in state chemical legislation and regularly update our State-by-State Chemical Legislation Chart. Similarly, as part of our program for counseling energy companies, we are tracking on a state-by-state basis emerging legal, legislative and regulatory developments affecting hydraulic fracturing ("fracking") through our Hydraulic Fracturing Regulatory Chart and Case Chart.

Our Chemicals team brings extensive experience commenting on proposed rulemakings, securing regulatory interpretations, challenging agency rules in court, intervening to defend agency rules against legal challenges brought by adverse parties, responding to citizen's suits, and handling other chemicals-related litigation.

Perspectives

TSCA High-Priority Chemicals: What Made The Cut?
Law360 Environmental, Law360 Product Liability, and Law360 Public Policy
EPA Publishes a TSCA "Top 10" List of Sorts: What Chemicals Made the Cut?
Advisory
Hydraulic Fracturing Legal Update—November 2016
A publication of the Energy and Environmental Practice Groups
Law of Environmental Protection
(Chapter 16, Addressing the Toxic Substances Control Act), Environmental Law Institute
The Five Most Important Things To Do Now to Prepare for TSCA Amendments
Arnold & Porter Advisory
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