Chemicals, Pesticides + Product Regulation

From product research and development to sales, transportation, and waste disposal, our team applies its expansive understanding of the evolving state, federal, and international chemical and product regulatory landscape to enable clients to achieve their business goals.

Our clients appreciate the practical guidance we provide at every stage of the product life cycle to support compliance with laws governing the production, storage, transportation, distribution, sales, use, and disposal of regulated products and waste. These products include a wide range of pharmaceuticals, chemicals, pesticides and antimicrobials, building materials, packaging and consumer products subject to extended producer responsibility (EPR) requirements, and other commercial products. Product and chemical manufacturers, utilities, retailers, transportation companies, and other stakeholders rely on us to navigate their most challenging enforcement actions, inspections, audits, and related regulatory matters. We monitor legal and regulatory developments, engage in rulemakings, and support our clients and industry consortiums in advancing science-based change, including under California’s Safer Consumer Products Regulations and new EPR regulatory programs.

EPR

Our EPR work spans multiple U.S. jurisdictions and a broad array of industries. We track the evolving patchwork of state EPR laws for packaging, paper products, food serviceware, electronic smoking devices, textiles, and other products, helping clients determine if their products are “covered,” whether clients are “producers,” and how each state’s particular EPR definitions, exemptions, and implementation timelines affect their businesses. We develop multistate EPR compliance assessments; prepare clear, business-focused guidance and training materials for in-house teams; and assist with registration, reporting, and engagement with state regulators, producer responsibility organizations (PROs), and other stakeholders. Clients we counsel on EPR matters include, among others, leading companies in paper and forest products, temperature-controlled and protective packaging, building and flooring products, media, telecommunications and technology, white-label food manufacturers, wholesaler distributors, and brand-name household personal care products.

Our team also tracks and counsels clients on related, multijurisdictional environmental and product stewardship frameworks, including nationwide recycling and sustainability initiatives and emerging state-level programs.

Chemical Management, TSCA + FIFRA Counseling

Our team advises on the chemical management programs of the Environmental Protection Agency (EPA) and state agencies and has significant experience with the Toxic Substances Control Act (TSCA), including Section 4 test rules, Section 5(e) consent orders, Section 6 bans, and significant new use rules (SNURs). We help clients navigate the interplay between the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), TSCA, Drug Enforcement Administration List 1 and List 2 restrictions, as well as state counterparts including California Proposition 65, assisting with product development, labeling provisions, and other requirements in a complex and layered regulatory environment.

Retail Waste, RCRA + Hazardous Materials Transportation

We develop strategies to enable clients to meet the requirements imposed by the Resource Conservation and Recovery Act (RCRA) and Department of Transportation (DOT) hazardous materials transportation requirements. We help build waste programs from the ground up and have incorporated them into consent judgments in several states.

Chemical Security, REACH + Global Stewardship

We handle matters involving the Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) as well as international programs including Europe’s Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).