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.
Mar 23, 2016 Tom Berger to Present at GlobalChem 2016
Mar 22, 2016 Keller and Heckman Professionals to Attend GlobalChem Conference
Feb 02, 2016 Tom Berger to Present TSCA Chemical Data Reporting for 2016: Discover Practical Strategies for Ensuring Compliance with New Federal Regulations
May 14, 2015 Herb Estreicher and Tom Berger Present at Int'l Fragrance Association
Jul 09, 2013 Tom Berger and Herb Estreicher To Present a Webinar for Bloomberg BNA's Environment, Health & Safety Division
Apr 27, 2013 Tom Berger To Present at the Ohio Environment and Resources Law Seminar
Jun 19, 2012 Partner Tom Berger to Speak on Green Chemistry Legislation at the 16th Annual ACS Green Chemistry & Engineering Conference
Apr 16, 2015 Webinar: TSCA Reform, Ready for Prime Time?
May 06, 2014 TSCA & FDA Seminar - Indianapolis, IN
Mar 14, 2016 A Practical Understanding of the Polymer Exemption
Jan 26, 2016 Audit and Small Business Compliance Policy Disclosures Now Subject to Mandatory Electronic Submission
Jan 15, 2016 2016 TSCA Chemical Data Reporting - Are You Prepared?
Jan 08, 2016 Upcoming Deadline for TSCA Polymer Exemption Notification
Oct 07, 2015 Taiwan Publishes New and Existing Chemical Notification Guidance
Jul 08, 2015 China's MEPSCC Publishes Draft Amendment to New Chemical Notification Guidelines
Jan 15, 2015 January 31 Deadline for TSCA Polymer Exemption Notification
(Resident, Indianapolis Office)