FIFRA Expert Witness Service
This document is intended to introduce you to Bergeson & Campbell, P.C.’s (B&C) practice concerning the availability of B&C professionals appearing as expert witnesses in support of various judicial and administrative proceedings. Given the extensive professional experience of B&C staff, they have qualifications across a range of issues that affect clients in both the pesticide and industrial chemical markets.
B&C professionals offer this specialized expertise in a broad range of cases, from relatively straightforward data compensation arbitration hearings under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to multi-million dollar tort claim proceedings that evolve over a number of years. Especially valued has been the experience of B&C staff with previous work experience at federal regulatory agencies, such as the U.S. Environmental Protection Agency (EPA). This government experience allows each professional to speak authoritatively on a number of issues that may be relevant to a specific case.
These could include, for example, explaining the process and meaning of EPA review procedures, the historical implementation of various EPA guidance policies, and the development of program elements over time placed in their appropriate context. Clients have found this expertise helpful in formulating a response to certain litigation issues, either directly as a witness or more generally to provide the perspective of a former “insider” who can place events and policies in a broader context.
With the Supreme Court decision in Bates v. DowAgroScience LLC, the possibility of multi-million dollar damage claims against pesticide users and manufacturers has increased. More generally, public concern over specific chemicals and/or products can be caused by a variety of factors, sometimes incomplete information or misleading interpretations of new analysis, and raise undue alarm. How EPA reacts to or interprets such developments can itself be a misunderstood or muddled response. Having former senior EPA staff with years of experience speak to the relevant issues as expert witnesses can help put EPA actions in the appropriate perspective.
James Aidala is Vice President, Policy and Government Affairs at B&C. Jim has over 30 years experience in the field of pesticide legislation, policy, and implementation. Jim’ s work experience has included senior positions on Capitol Hill and at EPA where he has been responsible for both implementing and legislating our nation’s pesticide and toxic chemical laws. He is a former Assistant Administrator for EPA’s Office of Prevention, Pesticides, and Toxic Substances (now the Office of Chemical Safety and Pollution Prevention), and held other senior political positions at EPA during the Clinton Administration. Among other responsibilities at EPA, Jim was responsible for leading the EPA team which drafted the Food Quality Protection Act. Since 2001, Jim has worked in a variety of private consulting firms and has been an expert witness in both toxic tort and international trade arbitration proceedings.
Timothy D. Backstrom worked extensively on pesticide regulation and registration matters during his 25 years with EPA’s Office of General Counsel (OGC). Tim was directly involved in the development of many regulations and policies concerning pesticides, including procedures for pesticide reregistration and for public participation in the special review and reregistration process. Tim has extensive experience in pesticide hearings, including the suspension and cancellation hearings for 2,4,5-T and silvex, the suspension and cancellation hearings for dinoseb, and various hearings concerning data development. Tim had principal responsibility for the litigation associated with the suspension and cancellation of dinoseb, and he negotiated the settlement that resulted in elimination of mercury compounds from paints and coatings. While in OGC, Tim also had principal responsibility for a variety of air quality matters, including litigation and rulemakings concerning emission standards and delisting petitions for hazardous air pollutants, litigation concerning registration of fuel additives, and periodic review of National Ambient Air Quality Standards.
Hank Jacoby has over 34 years of experience in assisting pesticide, insecticide, herbicide, fungicide, antimicrobial, wood preservation, and antifouling paint manufacturers and formulators in the area of environmental science and applications for federal and state pesticide registrations and tolerance petitions. Twenty-five years of his experience were gained at EPA, where he worked in the Office of Pesticide Programs as a Chemist, Product Manager, Senior Staff Member, and Branch Chief. Since joining private practice, Hank has worked in a wide variety of private consulting roles, including being a witness in various data compensation and pesticide tort cases.
We believe that the combination of skills and expertise that the B&C team brings to clients who have a need for expert witness services compares favorably to any other practice group, and that translates to value for our clients. B&C also offers value in a quantitative form -- as a small and highly specialized business, B&C is able to offer its professionals’ legal skills, business judgment, and years of experience at rates below those of our competitors.
What we cannot as easily share in this communication is the value we offer to your business and the enthusiasm and creativity with which we approach all representations. We invite you to experience both. Additionally, we invite you to speak with us about our diverse billing arrangements. All are intended to enhance the value of our representation and your business.
For further information, please call Lynn L. Bergeson at (202) 557-3801 or Lisa M. Campbell at (202) 557-3802 or contact B&C.