Tom Berger joined Keller and Heckman in 1993. Mr. 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 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.
NEWS, EVENTS & ARTICLES
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Jan 15, 2015 January 31 Deadline for TSCA Polymer Exemption Notification
Sep 22, 2014 Taiwan Releases Draft Regulation on New and Existing Chemical Notification
Sep 19, 2014 Senator Boxer Releases Confidential TSCA Reform Proposal
Jan 15, 2014 Upcoming Deadline for TSCA Polymer Exemption Notification
Oct 04, 2013 What is California Up To? - The Initial List of Candidate Chemicals is Published
Aug 05, 2013 Senate Committee on Environment and Public Works Holds Hearing on TSCA Reform
Jun 19, 2013 Dual Column Integrated Presentation of TSCA and CSIA
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 10, 2012 Partner Tom Berger to Speak at ABA Program on Recent Chemical Control Law Developments in Asia
Mar 07, 2012 Partner Thomas Berger to Speak About Recent Developments in Chemical Notification Requirements in Japan, Taiwan and Korea at the 2012 GlobalChem Conference
Aug 25, 2011 Partner Tom Berger to Present TSCA: The Basics and Importance for the Plastics Industry Webinar
May 18, 2011 Partner Tom Berger to Speak at Personal Care Products Council Legal and Regulatory Conference
May 06, 2014 TSCA & FDA Seminar - Indianapolis, IN
Nov 12, 2013 Tom Berger to Speak at SPI's Food Packaging Summit
Jun 11, 2013 Registration is Closed - A Webinar on TSCA Modernization and The Chemical Safety Improvement Act of 2013
May 15, 2012 Registration is Closed - How to Manage the Regulatory Hurdles of TSCA and FDA - Indianapolis, IN - May 15-16, 2012
Mar 05, 2012 2012 GlobalChem Conference and Expo
Oct 24, 2011 Register Today! - Chemical Control Law Seminar - October 24-26, 2011
Aug 09, 2011 Register Today! - A Webinar Focusing on EPA's New Chemical Data Reporting (CDR) Rule