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Green Chemistry and Chemicals Management

"TSCA Reform,” “Green Chemistry,” “Chemicals Management,” "Product Stewardship" and "Product Risk Management":  The popularity of these terms reflects heightened public concern about the perceived risks from exposure to chemicals and "unsafe" products. Governments around the world are responding to that concern in a number of ways.  Some are broadening their interpretation of the authority granted under existing laws while others are reforming laws or enacting enitrely new ones. Regardless of the approach, chemicals and products regulation will remain one of the key focal points for future sustainability efforts. Companies therefore must keep abreast of developments and ensure compliance or they could incur substantial penalties as well as risk business interruption and the loss of market acceptance. Moreover, understanding these developments could reveal opportunities to develop new markets or expand market share.

With the increasing number of chemical and product-related regulations and green chemistry initiatives, the need for competent legal counsel has increased.  Through a combination of in-house expertise and a network of independent, jurisdiction-specific experts, Verdant is well-positioned to assist companies manufacturing, importing, using, or marketing chemicals and other affected products in major markets around the globe. 

Verdant has substantial chemical and product regulatory capabilities.  Domestically, the Firm can help clients meet their obligations under programs such as the Toxic Substances Control Act (TSCA), the Consumer Product Safety Improvement Act (CPSIA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and California's Green Chemistry Regulations enacted under AB 1879 and SB 509.  Internationally, Verdant can help with well-known programs such as the European Union (EU) regulation "Registration, Evaluation, and Authorisation of Chemicals" (REACH), the EU directive "Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment" (RoHS), and the Canadian Environmental Protection Act of 1999 (CEPA), but the Firm also can assist with less well-known programs in other important markets such as those in Australia, New Zealand, the People’s Republic of China, Taiwan, Japan, Philippines, and South Korea, among others. Verdant’s expertise also extends to voluntary programs such as the U.S. EPA’s Design for the Environment (DfE).

In addition to its regulatory expertise, the Firm understands the risk assessment science underpinning chemical and product regulations. Combining these capabilities, Verdant is able to work efficiently with scientific and technical experts to defend products from regulatory and other legal challenges, and to find creative solutions to managing risks.

Verdant can help clients with:

  • Tracking initiatives, including “green” product design standards and regulatory reform efforts, such as TSCA Reforn, to evaluate their effects on new product development as well as the viability of existing products.
  • Providing strategic public policy, litigation and regulatory advocacy and counsel.
  • Preparing comments to agencies and other bodies on proposals for regulation and regulatory risk assessments.
  • Training company in-house counsel, marketing, and regulatory personnel.
  • Assisting with value chain management.
  • Developing product take-back programs.
  • Performing due diligence in support of mergers and acquisitions.
  • Managing audits and voluntary disclosures.
  • Defending against enforcement actions.
  • Pursuing exemptions and exclusions.
  • Submitting chemical notifications and registrations.
  • Acquiring data rights.
  • Responding to mandatory reporting and testing requirements.
  • Protecting trade secrets and other sensitive business information.
  • Assessing the merits of participation in voluntary programs.
  • Obtaining voluntary product certifications (e.g., DfE).
  • Managing testing consortia.
  • Defending products currently on the market.

For more information on the Firm’s capabilities, please send an e-mail to greenchemistry@verdantlaw.com, or call +1.202.828.1233.