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Tom Berger is a partner in Keller and Heckman’s Washington, DC office and heads Keller and Heckman’s Indianapolis satellite office.
Mr. Berger has extensive experience in representing foreign and domestic companies, large and small, in a broad range of areas, including counseling, advocacy, and rulemaking in environmental law, contracts, EPA enforcement matters, and chemical and product liability management. Mr. Berger assists clients in bringing new products to market in an expedient, cost-effective manner, using an interdisciplinary approach that combines law and science with an emphasis on emerging technologies in the industrial chemicals area. Mr. Berger frequently undertakes matters that involve polymers and complex chemical nomenclature issues.
Mr. Berger’s practice focuses on the regulation and approval of new and existing chemicals under the Toxic Substances Control Act (TSCA) (as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act) and its international counterparts in Australia, Canada, China, the European Union, Japan, Malaysia, New Zealand, the Philippines, South Korea, and Taiwan. Mr. Berger also counsels trade association clients on various matters, including environmental, product disparagement, and defense issues. Mr. Berger has been significantly involved in efforts to “reform” TSCA, EPA’s Chemical Data Reporting (CDR) and Inventory “reset” rule, and with TSCA “Work Plan” Chemicals.
Mr. Berger designs, conducts, and manages voluntary compliance audits, counsels companies on managing liability under EPA’s “Audit Policy” and other penalty mitigation policies, and assists companies in preparing for agency inspections and responding to EPA information requests and subpoenas. Mr. Berger assists clients with the TSCA premanufacture notification (PMN) review process, and negotiates the terms and conditions of TSCA section 5(e) orders, and significant new use rules (SNUR).
Mr. Berger co-authored an amicus curiae brief for the U.S. Supreme Court in Hoechst Celanese v. United States, 128 F.3d 216 (4th Cir. 1997), and four technical papers on polychlorinated dibenzo-p-dioxins and furans (“dioxin”). Mr. Berger was a contributing author of Environmental and Workplace Safety, A Guide for University, Hospital, and School Managers (Van Nostrand Reinhold, 1996).
Mr. Berger has a chemical engineering background and prior to joining Keller and Heckman was employed by the E.I. duPont de Nemours & Co., Inc.
Mr. Berger is a frequent lecturer on chemical notification, chemical regulation, liability management, auditing, enforcement, and TSCA reform issues.
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