Chemicals
The Chemicals attorneys at McKenna Long & Aldridge (MLA) represent 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. In the regulatory arena, we have found that regulators are often more willing to accept cost-reducing alternatives, provided that the company's approach can be persuasively documented to protect human health and the environment. As a result, we often encourage clients to adopt a more forthcoming approach to the agencies, with more time spent in up-front discussions and correspondingly less time (and money) spent in contentious disagreements after the fact.
Our product liability and toxic tort litigators have significant experience in complex litigation matters concerning scientific and medical issues. In the field of product liability, we have handled matters involving agricultural chemicals, asbestos, automobiles, cell phones, drugs and medical devices, machinery, military and aerospace and pesticides. We have represented clients involved in a variety of industrial and agricultural chemicals and radioactive materials released to groundwater, air, soil and surface water. Our work includes personal injury and property damage litigation, and we counsel clients to develop mechanisms to avoid lawsuits when they are developing or marketing a new product.
Regulatory
Our 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.
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.
Our California attorneys are at the forefront of the Proposition 65 defense bar. 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.
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.
European Union Regulation and Litigation
Lawyers in our Brussels office counsel and litigate on all aspects of EU chemical and pesticide regulation, with a particular emphasis on 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.