David B. Fischer

David Fischer counsels 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). He is a registered lobbyist and advocates for clients before the U.S. Environmental Protection Agency (EPA) and Congress. Prior to joining Keller and Heckman, David served as the Deputy Assistant Administrator for the EPA’s Office of Chemical Safety and Pollution Prevention and held senior-level positions at the American Chemistry Council (ACC).

David’s extensive experience at the EPA has enabled him to build strong, longstanding relationships that support clients in navigating the Agency’s regulatory landscape. He also has significant relationships with other federal agencies. Leveraging these relationships, David efficiently facilitates communication between clients and the appropriate federal authorities, helping to streamline interactions and expedite the resolution of complex legal and regulatory matters.

In addition to TSCA and FIFRA, he has experience with numerous other statutes, including the Safe Drinking Water Act (SDWA), Emergency Planning and Community Right-to-Know Act (EPCRA), and the Food Quality Protection Act (FQPA).

David’s clients include domestic and international industrial and specialty chemical manufacturers and the trade associations which represent them. Clients seek his assistance on new chemical approvals, chemical and pesticide risk evaluations, and risk management rulemakings because of his deep understanding of EPA, its internal science policy apparatus, and its many organizational pieces that are collectively responsible for all aspects of TSCA and FIFRA.

As Deputy Assistant Administrator (DAA) for the Office of Chemical Safety and Pollution Prevention (OCSPP) at EPA, David was deeply involved in TSCA implementation, with a particular focus on risk evaluation of existing chemicals, and all aspects of FIFRA implementation. In addition, he worked with the Assistant Administrator on the technical and administrative aspects of OCSPP, an office with over 1,000 staff. He also assisted in matters pertaining to the Agency’s programs under multiple federal statutes including TSCA, FIFRA, the Federal Food, Drug, and Cosmetic Act (FFDCA), and the FQPA, and provided policy advice and recommendations to the EPA Administrator.

During his tenure at the ACC, David co-managed the Chemical Products and Technology Division (CPTD), where he led the implementation of the 2016 amendments to TSCA.

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

Representative Matters

• Guided senior executives through the policy and regulatory landscape in seeking new chemical approvals
• As a lobbyist, coordinated outreach with key congressional committees, prepared legislative proposals, and provided testimony during a Senate subcommittee hearing
• Counseled a consumer product manufacturer to address a potential EPA enforcement issue by leveraging deep agency experience and longstanding relationships
• Provided strategic counsel on TSCA 6(g) exemption requests to EPA
• Established and led multiple industry coalitions on improving TSCA implementation
• Developed comments on multiple TSCA risk management rules for existing chemicals
• Led efforts to obtain an anti-microbial pesticide registration under FIFRA
• Facilitated new chemical reviews by EPA on numerous pre-manufacture notice (PMN) and low volume exemption (LVE) submissions
• Provided input to House and Senate Committees on ongoing issues with TSCA implementation
• Developed comments on EPA’s proposed TSCA reporting rule on per- and polyfluoroalkyl substances (PFAS) on behalf of a coalition of chemical companies
• Provided regulatory counsel on PFAS to a trade association representing the surface finishing industry
• Regularly collaborates with senior counterparts at the Department of Energy (DOE) on complex energy-related initiatives and provides strategic guidance, as well as cross-agency coordination
• Advises on and coordinates communications related to federal trade policy by maintaining ongoing working relationships with key counterparts at the Office of the United States Trade Representative (USTR), ensuring alignment with evolving regulatory and statutory frameworks
• Served as the lead in-house counsel in litigating the best available science provision of the SDWA, which resulted in a unanimous decision by the Court of Appeals for the DC Circuit (Chlorine Chemistry Council v. EPA, 206 F.3d 1286 (DC Cir. 2000))

Memberships

• International Society of Regulatory Toxicology and Pharmacology

Awards

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