Our Team is intimately familiar with the complex scheme of hazardous materials transportation regulations governing the domestic and international shipments of hazardous materials and dangerous goods. George A. Kerchner is highly knowledgeable on the interplay of these regulations and requirements for battery, portable electronic device, and electric vehicle manufacturers and shippers. In addition to counseling individual companies on compliance issues, Mr. Kerchner serves as Executive Director of PRBA-The Rechargeable Battery Association.
We deal regularly with the U.S. Department of Transportation (DOT), the United Nations (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 also are 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 particular abilities, Wiley Rein is able to offer training programs and tutorials to its clients on the hazardous materials regulations. Our personnel have conducted nearly two dozen such sessions for individual companies during the last year.
- Leading multi-industry coalition opposing elements of lithium/lithium ion battery regulations jointly proposed by the 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.
- Defending enforcement cases brought against medical device, bicycle, electric vehicle, battery and, fireworks manufacturers and marketers.
- Drafted and advocating adoption of rule-making petition to revise DOT's "single shipper rule" governing battery recycling.
ISSUE: JULY 2014
IN THIS ISSUE
- A Framework Emerges for EPA FIFRA/ESA Compliance
- Vermont Leads the Way, Passes Primary Battery Recycling Legislation; Other States to Follow in 2015
- Supreme Court to Review Administrative Procedure Act’s Notice and Comment Requirements in Context of Interpretative Rules
- Industry Opposition to CPSC Voluntary Recalls Proposal Bolstered by Former Agency Chairman
- More Food Fights to Come: Supreme Court Opens the Door to Lanham Act Claims for False or Misleading Food Labels
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