Public Policy

Overview:

The spheres in which our clients operate are among the most scrutinized and regulated -- domestically and globally. Chemical product and environmental policy issues implicated in our clients' industries can generate much public and regulatory attention. To operate successfully under the watchful public eye, companies need to be able to communicate complex scientific issues both concisely and accurately.

Bergeson & Campbell, P.C. (B&C^®) professionals possess legal, scientific, and public communication skills needed to represent effectively client matters before administrative agencies, legislative entities, and public advocacy groups. With our network of affiliates in the United States, Europe, and Asia, we can assemble response teams for matters requiring timely action. With professional backgrounds from relevant regulatory agencies and Capitol Hill, we can develop client-focused strategies to navigate complex regulatory processes.

Our Experience:

B&C professionals bring a wealth of experience on both sides of public policy matters -- with many coming from high-level positions in relevant federal agencies like the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA). We are seasoned professionals who can effectively communicate and advance client positions with government officials across executive agencies and in the legislative branch.

James V. Aidala brings years of experience in senior government positions at EPA, closing his time there as the Assistant Administrator for what is now EPA's Office of Chemical Safety and Pollution Prevention (OCSPP), after spending almost a decade on Capitol Hill in a variety of pesticide and chemical regulatory issues. While at EPA, Mr. Aidala led the team charged with drafting (and shepherding enactment of) the Food Quality Protection Act (FQPA).

Richard E. Engler, Ph.D., is a 17-year veteran of EPA, where he served as a senior staff scientist in EPA's OPPT. He participated in policy development efforts related to emerging technology areas under the Toxic Substances Control Act (TSCA), including green chemistry, biobased chemicals, and biotechnology.

Lynn L. Bergeson has been working on industrial and agricultural chemical policy issues for over 20 years. She has worked extensively on TSCA reform, emerging technologies, including nanotechnology, biotechnology, and synthetic biology, and the application of legal and governance systems to these emerging technologies. Her work has brought her to Capitol Hill, the Organization for Economic Cooperation and Development (OECD), and other governance and standard-setting bodies on chemical policy and management issues.

What We Do:

B&C has successfully managed a wide range of issues for a variety of clients. We help clients to best position themselves in the face of regulatory initiatives and proposals, as well as vis-à-vis established policies or regulations requiring product approval. We routinely counsel clients on how to best approach officials at all levels of regulatory bodies to ensure the most accurate scientific information and legal arguments are incorporated into pending decisions. Successful advocacy includes:

• Client-Generated Objectives –
  • Draft and submit comments on pending proposals by federal agencies concerning specific client products
  • Develop strategies for approaching federal agencies, including, most notably, EPA, USDA, and FDA
  • Arrange and accompany clients to meetings with federal agency staff
  • Guide and draft legislation and legislative initiatives pertinent to client products
• Government-Generated Policies –
  • Design responses to specific regulatory requirements or directives
  • Assist in drafting comments as part of an agency's decision-making record
  • Advise on and prepare clients for testimony before Congress

Representative Engagements:

• B&C successfully obtained from EPA a written clarification of policy interpretation that saved a client over $900,000 in a commercial dispute between pesticide registrants.
• B&C persuaded EPA that its interpretation of certain food tolerance requirements was incorrect, which otherwise would have eliminated all uses of a client's product. The product continues to be available on the market to this day, and is flourishing.
• B&C has engaged regulatory officials to consider in their evaluation of a pending matter the most recent scientific information. Those recent developments were key to the client's position.
• B&C routinely counsel clients on how to best approach officials at all levels of regulatory bodies to ensure that most accurate scientific information and legal arguments are incorporated into pending decisions.
• B&C drafts and submits comments on pending proposals by federal agencies concerning specific client products or more general policy or regulatory proposals about which clients have identified an interest.