Practices:

Chemicals, Pesticides and Product Regulation

McKenna Long & Aldridge (MLA) has world-class experience and capabilities in matters involving chemicals, pesticides and product regulation. For decades, we have represented clients in litigation, regulatory and transactional matters. In each area, we structure client services in light of a single, guiding principle: our legal solutions must reflect a sound business perspective.

Litigation

In matters of environmental litigation, we encourage practical, cost-minimizing approaches to dispute resolution. Environmental litigation requires a mix of statutory and regulatory knowledge, the ability to present complex regulatory and scientific issues to lay people, with procedural knowledge. MLA brings these aspects together for excellent results.

Regulatory

MLA attorneys guide clients through complex regulations affecting all stages of chemical manufacture and use. We regularly represent clients in EPA proceedings governing the limitation or ban on chemicals they may produce.

Our familiarity with issues in the chemicals, mining and mineral processing, oil and gas and general manufacturing sectors enables us to assist clients in interpreting a variety of federal regulations, including the Clean Air Act, the Clean Water Act, EPCRA, FIFRA, hazardous waste regulations, RCRA and TSCA.

Transactional

We regularly guide both buyers and sellers through the labyrinth of environmental regulations that affect mergers, acquisitions and divestitures in the chemical industry. This process involves identifying liabilities through environmental audits, assessing those liabilities, performing environmental due diligence to ensure transfer of permits, and drafting and negotiating contract terms to address the allocation of risks and liabilities.

Pesticides

MLA has been the leading authority in the field of pesticide regulation since it began. We have represented numerous individual and trade association clients in some of the most important pesticide cases and regulatory developments of the last 30 years.

California Regulations

MLA is at the forefront of the Proposition 65 defense bar in California. We represent a broad range of manufacturers, refiners, distributors and retailers, and have brought about some of the most significant developments in the law, to date.

Product Liability and Toxic Torts

We have an active, national practice in product liability and toxic tort litigation. Our toxic tort work includes representation of manufacturers of a diverse range of products.

European Union Regulation and Litigation

One of MLA’s marquee practices is International Chemical Regulation. Lawyers in our Brussels office counsel and litigate on all aspects of EU chemical and pesticide regulation, including trend-setting EU environmental regulations such as REACH. We have close working relationships with personnel of the European Commission and member state authorities, and work in association with legal and technical experts in each of the member states.

MLA has created an on-line tool for issuance of REACH letters of access for its consortia and other clients. To access this page, please visit http://www.mlalaw.eu/.

To learn more about our capabilities and specific experience, please select from the following:

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Advisories

California Revises Proposed Safer Consumer Products Regulations...Again
April 12, 2013
On April 10, 2013, the California Department of Toxic Substances Control (“DTSC”) released further changes to the proposed Safer Consumer Products (“SCP”) Regulations, with a 15-Day comment period ending at 5:00 p.m. April 25, 2013.
California Releases Revised Proposed Safer Consumer Products Regulations
January 31, 2013
MLA Proposition 65 Advisory: Styrene Information and Research Center v. Office of Environmental Health Hazard Assessment
November 13, 2012
In a unanimous opinion, the California Court of Appeal, Third Appellate District upheld a ruling by the Superior Court for Sacramento that enjoined the State’s Office of Environmental Health Hazard Assessment (“OEHHA”) from listing two chemicals – styrene and vinyl acetate – as chemicals “known to the state to cause cancer” for purposes of the Safe Drinking Water & Toxic Enforcement Act (commonly referred to as “Proposition 65”).

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