Bergeson & Campbell, P.C. (B&C®) lawyers, government affairs professionals, regulatory specialists, and scientists have deep and broad experience in addressing legal, regulatory, legislative, and science policy issues relating to a variety of water quality issues. Our practice is highly specialized and focuses on the entire gamut of water quality challenges -- from helping to devise creative legislative solutions for agricultural and commodity growers concerned with Clean Water Act (CWA) issues, to commercializing new water treatment chemicals and water system technologies, and to providing sophisticated legal, regulatory, and science policy counsel to clients commercializing new technologies that might trigger water quality restrictions that could pose market entry barriers.
Our substantial pesticide practice makes us uniquely well-suited to address the complex issues found at the intersection of the CWA National Pollutant Discharge Elimination System (NPDES) permitting program and pesticide applications under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Our sophisticated familiarity with FIFRA jurisdictional issues, pesticide application practices, commodity grower and livestock production practices, and CWA permitting and discharge issues makes our team uniquely and expertly qualified to address and resolve these issues efficiently and effectively.
Our government affairs professionals offer extensive and highly focused skills in addressing legislative, regulatory, and/or science policy challenges facing clients in the agricultural, commodity grower, livestock production, and related communities, the regulation of these entities under the CWA, and related water quality issues germane to these industries.
Our government affairs professionals are equally proficient in addressing competitive challenges innovators face in commercializing new water treatment chemicals and/or water products that compete with incumbent technologies and products and benefit from standardized risk assessment approaches based on more traditional technologies. Other B&C professionals are familiar with federal, state, and international laws that must be considered in commercializing these newer technologies that either are intended to address water quality challenges or themselves impact water quality in a way that might threaten or diminish their commercial value or pose market entry barriers. We work with many manufacturers of water quality products and/or water quality systems. Similarly, our extensive Toxic Substances Control Act (TSCA) practice makes our team expert in all matters relating to the aquatic toxicity implications of new or existing chemical substances for chemical manufacturers and their downstream customers.
B&C's lawyers, scientists, and policy experts are deeply engaged in water quality issues and have decades of experience with the intersecting (and sometimes conflicting) laws and agencies that regulate water quality.
Lynn Bergeson, Managing Partner, has for years worked with innovators of new technologies and products of those technologies and assisted them with addressing the competitive imbalances that arise when new products challenge incumbent products and the "new chemical bias" delays commercialization. Many of these challenges arise under TSCA and the effect discharges to water have on aquatic environments. These challenges may come in the form of TSCA Section 5(e) Orders or other unfavorable responses to premanufacture notification (PMN) submissions. Working through these issues requires legal and science skills, and the B&C team of scientists works successfully to address these issues. Lynn has also worked on more traditional NPDES direct discharge and indirect permit issues, enforcement and compliance issues, and due diligence matters.
Lisa Campbell, Partner, counsels clients on a wide range of issues pertaining to exposure and risk assessment, risk communication, and related legal and regulatory aspects of pesticide programs under FIFRA. This work has included addressing a range of issues relating to potential pesticide concentrations in water and related exposure and risk assessment challenges.
Susan Kirsch, Government Affairs Advisor with B&C and former senior environmental program manager at the Association of Clean Water Administrators, works closely with state and federal regulators involved in the development and implementation of CWA regulations and policy across the nation from the development of water quality criteria to permitting. Susan's deep understanding of CWA regulatory schema, and relationships with key decision makers at state water quality agencies and the U.S. Environmental Protection Agency (EPA) Office of Water, make her well-equipped to assist clients with navigating CWA regulatory challenges and compliance issues, and their intersection with other federal environmental laws and policies.
Chris Bryant, Senior Regulatory Consultant, has over two decades of experience in regulatory matters under the CWA. He assists clients in regulatory matters, permit development and compliance, advocacy before EPA and state agencies, and training. Chris' expertise also aids clients in bringing new products to the market in a manner that does not trigger CWA regulatory obligations.
Oscar Hernandez, Ph.D., former Director of the Risk Assessment Division (RAD) in EPA's Office of Pollution Prevention and Toxics (OPPT) and Senior Regulatory Chemist with B&C, provides expert scientific support in the areas of ecological and human health hazard and risk assessment of new and existing chemicals. He assists clients in developing risk management plans for chemicals with potential water releases leading to aquatic environment and/or human exposure.
Lara Hall, MS, RQAP-GLP, Scientist, delivers over a decade of experience in environmental research, study monitoring, and international regulatory support in aquatic ecology. Prior to joining B&C, she worked at the Stroud Water Research Center and Oak Ridge National Laboratory's Environmental Sciences Division.
B&C also draws on the skills and expertise of our consulting affiliate, The Acta Group (Acta®), for water quality issues under Canadian, European, and Asian law.
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BERGESON & CAMPBELL, P.C.
2200 Pennsylvania Ave, N.W. Suite 100W | Washington, D.C. 20037 | (202) 557-3800 • (202) 557-3836 (fax) | www.lawbc.com
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