Our team is intimately familiar with the complex scheme of hazardous materials transportation regulations that govern the domestic and international shipments of hazardous materials and dangerous goods. We both defend enforcement actions and participate actively in the regulatory and legislative arenas. George A. Kerchner, who in addition to counseling individual companies on compliance issues, serves as Executive Director of PRBA-The Rechargeable Battery Association, and is recognized world-wide for his knowledge of regulatory schemes governing the transportation of batteries, portable electronic devices, and electric vehicle components.
We regularly deal with the U.S. Department of Transportation (DOT), the UN Committee of Experts that establishes international dangerous goods regulations, the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), the International Maritime Organization (IMO), and other concerned regulatory bodies. We are also adept at obtaining permits and approvals that provide relief from onerous regulatory requirements imposed by DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) and foreign transportation agencies and, where necessary, defending enforcement actions brought by the FAA and PHMSA.
As a result of our unique expertise, Wiley Rein is able to offer training programs and tutorials to its clients on hazardous materials regulations. Our personnel have conducted nearly two dozen such sessions for individual companies during the last year.
Representative Recent Experience
- Leading a multi-industry coalition in successfully opposing elements of lithium/lithium ion battery regulations jointly proposed by PHMSA and the FAA. Wiley Rein’s efforts, including preparation of rule-making comments and supportive analyses and contacts with the Administration and Congress, resulted in a legislative provision directing the DOT to adopt regulations favorable to the industry coalition and, ultimately, the adoption of regulatory solutions preferred by our clients.
- Defending enforcement cases brought against medical device, bicycle, electric vehicle, battery, and fireworks manufacturers and marketers.
- Drafted and advocated adoption of rule-making petition to revise DOT's “single shipper rule” governing battery recycling.
ISSUE: FEBRUARY 2015
IN THIS ISSUE
- New “Definition of Solid Waste” Rule Brings More Recycling Confusion
- Negotiations Continue on Tariff Reductions for Environmental Goods; Midterm Elections Should Benefit Trade Agenda
- EPA Fixes Its Own Error—Clarifies Pesticide Export Collateral Labeling Requirements
- New U.S. Postal Service Lithium Battery/Product Shipping Rules
- Will Republican Tide Sink Proposed Clean Water Act Jurisdiction Rule?
- FTC Report on Internet of Things Confirms Growing Interest in Privacy and Security for Innovators
Climate Change Regulation and Legislation in the Obama Administration
By John A. Hodges, Alan H. Price, David B. Weinberg, Eric Andreas, Barbara Burchett and Michael Bloomquist
November 11, 2008
Attention to Lithium and Lithium Ion Battery Safety Continues and Enforcement Increases
By George A. Kerchner
Spring 2008 | Chemicals, Safety & Environment Update
Keeping Up with Safety and Environmental Challenges
By David B. Weinberg
August 2005 | The Metropolitan Corporate Counsel, Vol. 13, No. 8