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David
B.
Fischer
Counsel
Washington, DC
David Fischer
©2021 Keller and Heckman LLP

David Fischer advises clients on environmental, policy, and health and safety matters, with a concentration on the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). In addition, he has extensive experience with numerous other statutes including the Clean Air Act (CAA), Clean Water Act (CWA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Safe Drinking Water Act (SDWA), and the Emergency Planning and Community Right-to-Know Act (EPCRA), Food Quality Protection Act (FQPA). 

David’s clients include domestic and international industrial and specialty chemical manufacturers, and the trade associations which represent them. Having held senior level positions with the U.S. Environmental Protection Agency (EPA) and the American Chemistry Council (ACC), clients look to David for his insight and perspective when navigating the myriad of complex environmental regulations.

Prior to joining Keller and Heckman, David was the Deputy Assistant Administrator (DAA) for the Office of Chemical Safety and Pollution Prevention (OCSPP) at the EPA serving as a policy advisor to the EPA Administrator. During his tenure as DAA, he was deeply involved in TSCA implementation, with a particular focus on risk evaluation and risk management of existing chemicals, and all aspects of FIFRA implementation.  In addition, he worked with the Assistant Administrator (AA) on the technical and administrative aspects of OCSPP, an office with over 1000 staff. He also assisted in matters pertaining to the Agency’s programs under multiple federal statutes including, TSCA, FIFRA, FFDCA, and the FQPA. 

During his tenure at the American Chemistry Council, David co-managed the Chemical Products and Technology Division (CPTD) where he led the implementation of the Lautenberg Chemical Safety Act.

David is frequently invited to speak at industry conferences and has authored numerous papers on environmental matters. 

Representative Matters

  • Served as the lead in-house counsel in litigating the best available science provision of the Safe Drinking Water Act, which resulted in a unanimous decision by the Court of Appeals for the D.C. Circuit. (Chlorine Chemistry Council v. EPA, 206 F.3d 1286 (D.C. Cir. 2000))
  • Oversaw the operations and ensured legal compliance of the American Chemistry Council’s research foundation
  • Provided strategic counsel to the chlor-alkali industry on domestic and international science, legislative and regulatory policy issues
  • Participated in an EPA negotiated rulemaking on drinking water disinfectants and disinfection byproducts
  • Provided counsel to the Water Relief Network, a humanitarian relief program of the American Red Cross and the Chlorine Chemistry Council

Awards

  • Charles Taylor Fellow in Environmental Law for the 2000 – 2001 Academic year, University of Maryland School of Law
  • Council Heroes Award for exceptional advocacy, 2001, American Chemistry Council
  • Outstanding Legal Contributions, 2001, Chlorine Chemistry Council

Memberships

  • American Bar Association (ABA)
  • U.S. Patent and Trademark Office Registration
  • Audubon Naturalist Society

Education

Northwestern University
B.A.
1977
University of North Carolina
M.P.H.
1984
University of Maryland
J.D.
1991
with honors