Pesticide & Chemical Regulation
Sullivan & Worcester attorneys have experience with key chemical regulatory programs, including under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), California’s “Prop 65” and comparable international and state programs. In addition to our environmental attorneys, Sullivan & Worcester draws on the expertise of its staff scientists to assist with chemical regulatory and exposure matters, including in connection with agricultural chemicals, aldrin/dieldrin, PCBs, dioxins, lead and asbestos.
We have one of the premier groups advising U.S. and international pesticide companies on state and federal regulatory, transactional, litigation and enforcement matters. Our clients include pesticide producers, distributors, retailers and trade associations, as well as foreign companies trying to enter the U.S. market. We represent our pesticide clients in various matters, including product registration and cancellation, federal and state enforcement and data compensation.
Representative Client Work
- Represented generic agricultural chemical companies entering the U.S. market (including the first Indian and Korean companies to be awarded a technical registration by the U.S. EPA), involving data compensation negotiations and arbitrations, business strategy, and product defense
- Represented numerous clients in multi-million dollar negotiations and arbitrations addressing the compensation due for reliance upon pesticide data previously filed with EPA
- Represented clients in federal and state pesticide enforcement matters, including negotiation of state consent order providing for a significantly reduced penalty and establishing a precedential environmental benefit project to underwrite the collection and environmentally sound disposal of waste pesticides
- Designed and supervised audit of pesticide compliance for client holding in excess of 100 pesticide registrations
- Obtained for clients the first registration of insect-repellent fabric for use in commercially-available outdoor activity apparel
- On behalf of the phosphate fertilizer industry along the lower Mississippi River, obtained one of the few rulings from U.S. EPA that withdrew a water pollution effluent guideline, thus allowing for a tailored solution to discharges of gypsum