Bethami Auerbach offers more than 30 years of legal experience to Bergeson & Campbell, P.C. (B&C®) clients, with particular expertise in environmental law gained while in private practice, government service as a U.S. Environmental Protection Agency (EPA) attorney, and in academia. She is an expert on the Clean Air Act (CAA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as well as many business aspects of environmental law. While at EPA, Ms. Auerbach argued in defense of EPA regulations in five federal appellate courts, participated in federal district court proceedings and helped develop policies to implement the 1977 CAA Amendments. She has also taught environmental law and land use planning at the law school level.
Ms. Auerbach's skills include advocacy; preparation of motions, discovery documents, and appellate briefs; drafting and negotiating sophisticated agreements relating to the business aspects of environmental law; and permitting under various environmental statutes, as well as compliance counseling. She works with many B&C clients that have developed environmentally progressive technologies.
Argued in DC Circuit and participated in a briefing of a successful challenge by an industry task force to EPA's decision to list four classes of carbamate products and various associated waste streams as hazardous wastes under the Resource Conservation and Recovery Act (RCRA). As a result, most EPA listing decisions at issue were vacated by the court.
Collaborated with local counsel on 9th Circuit brief on behalf of an intervener pesticide registrant in successfully defending, together with EPA and another intervener, the district court's dismissal, on jurisdictional grounds, of non-governmental organization (NGO) plaintiffs’ challenge to an EPA Reregistration Eligibility Decision for pesticides under FIFRA. The 9th Circuit affirmed the district court's dismissal of the plaintiffs’ lawsuit; B&C also collaborated with local counsel in the underlying district court suit in briefing the successful argument that the case should be dismissed for lack of jurisdiction.
Liaised with intellectual property counsel for some 15 years on a variety of trademark-related matters for a non-profit association, including advising on trademark and service mark registration strategies and issues; obtaining and supporting registrations; and pursuing cease-and-desist activities against violators and successfully responding to cease-and-desist allegations from third parties.