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, occupational safety and health law, contracts, EPA enforcement proceedings, 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) 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 is heavily involved in efforts to reform TSCA, EPA's Chemical Data Reporting (CDR) rule, TSCA Work Plan Chemicals, and green chemistry issues.
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) consent 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.
•Nov 08, 2016 EPA Sends TSCA Prioritization Risk Review Rule to OMB
•Sep 26, 2016 Tom Berger and Martha Marrapese Quoted in Article Questions grow ahead of TSCA inventory 'reset'
•Sep 26, 2016 Tom Berger, John Dubeck, Martha Marrapese and David Sarvadi Sourced for Article Changes to Chemical Law Causing Heartburn; Long Road Ahead
•Sep 22, 2016 Martha Marrapese and Tom Berger Sourced for Chemical Regulation Reporter Article Trade Secret Claims Scrutinized by EPA, Chemical Attorneys Say
•Sep 01, 2016 Martha Marrapese, Tom Berger and Adrienne Timmel Published in the American Bar Association's Section of Environmental, Energy and Resources Newsletter
•Jun 22, 2016 Tom Berger to Present New TSCA Reform: Understanding the Business Impact of this Historic Legislation
•Jun 21, 2016 Tom Berger, Trent Doyle, Eric Gotting, and Martha Marrapese to Present TSCA Reform: The Big Deal
•Feb 06, 2017 EU REACH and Other International New/Existing Chemical Notification Laws Seminar
•Dec 14, 2016 TSCA 30/30
•Nov 09, 2016 TSCA 30/30: November 9, 2016
•Oct 12, 2016 TSCA 30/30: October 12, 2016
•Jun 15, 2016 Webinar: Navigating the Regulatory Hurdles of TSCA Chemical Data Reporting (CDR)
•Jun 08, 2016 The New TSCA: A Roundtable Webinar
•Apr 16, 2015 Webinar: TSCA Reform, Ready for Prime Time?
•Nov 30, 2016 Announcement and Implications of First 10 Chemicals to Undergo Risk Evaluation
•Sep 19, 2016 EPA Announces Deadline Extension for 2016 TSCA CDR Submissions
•Jul 07, 2016 Implementation of Modernized TSCA Begins
•Jun 22, 2016 President Obama Signs H.R. 2576 Into Law
•Jun 08, 2016 TSCA Reform Bill Passes Senate
•Jun 02, 2016 Status of TSCA Reform June 2
•May 25, 2016 House Passes TSCA Reform H.R. 2576 - Senate Vote Slated for Later this Week
(Resident, Indianapolis Office)