Pesticide Law and Regulation, Enforcement and Registration
Alston & Bird has more than 40 years of experience working with U.S. and international clients to obtain and defend government approvals for the manufacture, sale and use of pesticides, as well as products with pesticidal or antimicrobial properties. Our practice also includes experience in defending our clients against government enforcement actions and toxic tort and citizen lawsuits related to pesticides.
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 and complying with a variety of federal laws, including the Clean Air Act; the Clean Water Act; the Emergency Planning and Community Right-to-Know Act (EPCRA); the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); the Resource Conservation & Recovery Act (RCRA); the Toxic Substances Control Act (TSCA); and the Consumer Product Safety Improvement Act (CPSIA), as well as a host of hazardous waste regulations.
Bringing together expertise from our life sciences, products liability and environmental practice groups, Alston & Bird represents clients in federal and state enforcement proceedings, defends challenges to pesticides and other chemical and biological products, develops corporate compliance and product stewardship programs and conducts environmental audits and due diligence reviews.
European Union (EU) Regulation and Litigation
With an office in Brussels, we are able to provide counsel on all aspects of EU chemical and pesticide laws, including trend-setting EU environmental regulations such as Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). We have close working relationships with personnel of the European Commission and member state authorities, and we work in association with legal and technical experts in each of the member states.
Alston & Bird represent clients in litigation, regulatory and transactional matters involving chemicals, biotechnology, pesticides, food and product safety, and regulation.
Our attorneys regularly represent clients in EPA proceedings governing the limitation or ban on chemicals they may produce. We provide compliance counseling for clients through the myriad and growing number of international, federal and state laws and regulations governing the manufacture, use and disposal of chemicals and products.
We assist clients in obtaining regulatory approvals for agricultural, industrial and consumer products, including products improved through modern biotechnology. Our environmental attorneys handle a wide variety of product-related matters, including advertising and labeling, testing and reporting, product liability disputes, export/import clearances, data use and compensation disputes, right-to-know programs and trade secret protection.
Product Liability and Toxic Torts
Alston & Bird has an active, national practice in product liability and toxic tort litigation. We represent manufacturers of a diverse range of products, including pesticides and products with pesticidal or antimicrobial properties. We counsel companies on the product liability issues surrounding labeling, warranties, advertising and sales promotion, company correspondence and records, and customer complaints.
Our attorneys defend clients in enforcement actions, including negotiation of settlement agreements that protect their business objectives. Our significant experience in applying FIFRA’s Enforcement Response Policy has successfully reduced the cost and potential disruption of enforcement proceedings for our clients. We regularly assist our clients in conducting FIFRA systems and compliance audits (with the benefit of EPA’s Audit Policy) to spot problems before the inspector shows up.
California Environmental Law and Policy
A leader in innovative environmental regulation, California represents a significant portion of the nation’s economy and presents new challenges to businesses operating within the state. We have experience in a wide range of areas, including Proposition 65, Pesticide Regulation, the California Green Chemistry Initiative, Climate Change (AB 32) and the California Environmental Quality Act (CEQA), as well as water rights and quality, air quality and brownfields and toxics law, regulation and enforcement.
With offices in Los Angeles, Silicon Valley and Sacramento, our California team provides strategic solutions for clients looking to manage risks and seize opportunities related to environmental law and policy.
Alston & Bird’s Environmental & Land Development Group, and a number of its lawyers, are annually recognized as leaders in environmental law as reflected by our top rankings in publications such as Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America, Who’s Who Legal and Super Lawyers.
Bringing Value to Our Clients
Alston & Bird represents both large and small national and international companies, as well as task forces of companies, with an emphasis on those that invest in research to develop and defend new products. Over the years, we have addressed every aspect of pesticide regulation.
Our team represents clients in health or environmental reviews of their pesticides, whether initiated by the federal government, state authorities, competitors or activist groups. Working closely with our clients, Alston & Bird has a proven record of developing comprehensive defense strategies, evaluating product risks and benefits, developing risk reduction proposals and negotiating agreements to address risk concerns—all while keeping products on the market. If necessary, our attorneys represent registrants in hearings regarding use restrictions or cancellations.
Our attorneys help clients protect their valuable research data rights, including ensuring that competitors satisfy applicable data requirements, comply with their obligations to pay compensation for relying on our clients’ data to obtain follow-on registrations and do not gain access to exclusive use data.
In addition, Alston & Bird represents clients in court actions to challenge government activities that are inconsistent with the law, as well as defends clients on the validity of registrations, permits and deregulations and help them resolve commercial disputes.
We have advised and defended numerous companies in pesticide personal injury, crop damage and environmental contamination cases at the trial and appellate levels throughout the United States.
Represented a national appliance manufacturer concerning the legality of labels concerning antimicrobial claims.
Defended an outdoor cleaning supplier in a California and federal pesticide enforcement action.
Representation of a consumer products company in defense of a pesticide enforcement action.
Advise and counsel a pesticide manufacturer on litigation strategies in light of a broad assault by plaintiffs’ groups under pesticide law, California and federal Endangered Species Acts and NEPA.
Defend the aquaculture industry in litigation regarding farming practices and pesticide use.