"Equipped to handle the gamut of risk management advice concerning contaminants and chemicals, particularly regarding PFOS."
The Legal 500 U.S. 2024
Baker Botts lawyers have decades of experience advising and defending clients on the risks and challenges relating to the manufacture, processing, storage, use, and disposal of chemical products. Our technical knowledge, enforcement experience, and legal sophistication provide clients with effective strategies and solutions for the wide array of chemical management, product stewardship, regulatory compliance and litigation defense needs that surround chemical products and hazardous, toxic and/or radioactive materials.
Toxic Substances Control Act (TSCA). Our environmental lawyers work with chemical producers, processors, importers and other clients on meeting TSCA requirements for new and existing chemicals, covering chemical data reporting, test orders, premanufacture notices, risk evaluations, risk management rules, significant new use rules and notices, available exemptions, substantial risk reporting, import/export, protection of confidential business information, product stewardship, and other matters arising under TSCA and related environmental laws. We also regularly defend clients in TSCA enforcement cases, advise on strategies for responding to new and proposed existing chemical exposure limits (ECELs), and pursue judicial challenges to EPA rulemakings and orders under TSCA.
Emergency Planning and Community Right-to-Know Act (EPCRA). We have substantial experience assisting clients with EPCRA’s requirements for planning and coordination with local first responders, addressing accidental and emergency releases, maintaining effective hazard communication programs and satisfying applicable Tier II Chemical Inventory and annual Toxics Release Inventory reporting. We work with clients to protect trade secrets and confidential commercial information when complying with EPCRA. We also defend clients against EPCRA enforcement actions.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Our FIFRA work includes advising clients on FIFRA applicability and compliance with the FIFRA registration and use requirements , as well as related state statutes. We work with clients on the full range of pesticides – antimicrobials, fungicides, insecticides, and herbicides – and on products for large scale agriculture as well as for household and consumer use. We also advise clients on requirements and policies associated with pesticidal devices, emerging biotechnology products, and biostimulants, and on marketing claims that may implicate pesticide registration requirements. We defend against FIFRA enforcement actions, such as those alleging product misbranding or adulteration.
Emerging Issues. Our lawyers closely monitor and advise clients with regard to federal, state and international initiatives targeting emerging chemical contaminants, such as per- and poly-fluoroalkyl substances (PFAS), 1,4-dioxane and others. These activities have included, among other things, preparing comments on regulatory proposals, performing and advising about compliance and risk management audits, developing risk communication strategies, chemical fingerprinting, assisting with registration of products effective against SARS-CoV-2 (the novel coronavirus that causes COVID-19), analyzing the legal and regulatory risks associated with continued (or legacy) use of such substances, and advising on effective corporate programs to manage such risks.
