Joe Green advises on complex environmental regulatory matters for large and small corporate clients and national trade associations. He is particularly skilled in translating complex business and technical issues into effective positions and advocacy, and in counseling on matters involving regulatory development, compliance and enforcement.
Experienced with the range of federal environmental laws and state regulatory programs, as well as with European Union and international requirements, Joe has particular knowledge in the area of chemicals and toxic substances regulation. He also provides counsel regarding the safety of consumer products.
Joe has been involved in a wide variety of matters on behalf of his diverse clientele. His experience includes the registration and marketing of antimicrobial pesticide products under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), California Proposition 65 compliance and enforcement defense, and chemical and product regulation under the Toxic Substances Control Act (TSCA). He also provides counsel regarding European (REACH, CLP, RoHS) and international chemical and product safety requirements. Moreover, he assists clients with TSCA and Emergency Planning and Community Right-to-Know Act (EPCRA) reporting, including the Toxic Release Inventory (TRI) program.
In addition, Joe regularly advises clients on the regulation of hazardous air pollutants under the Clean Air Act, Clean Water Act effluent limitations guidelines (ELGs), and Resource Conservation and Recovery Act (RCRA) hazardous waste determinations and corrective action. Joe also advises on Spill Prevention, Control and Countermeasure (SPCC) plan development and compliance.
Joe excels with his quick understanding of even the most complicated scientific concepts, especially regarding the science behind the regulation of chemical compounds. Determining what is or is not safe is rarely a black and white issue, and Joe is valued for his proven ability to navigate his clients through and beyond such ambiguity. Joe’s ability to balance the critical legal components of a scenario and then present workable solutions and persuasive arguments demonstrates that he knows what it takes to ensure that his clients succeed at every turn. Joe’s innate ability to set people at ease when resolving challenges or negotiating the right compromise allows him to remain consistently focused on his clients’ specific needs, objectives and financial concerns.
Obtained groundbreaking “public health” registration for Antimicrobial Copper Alloys under EPA’s FIFRA program.
Organized and manages the Manganese Interest Group to address the development of appropriate health standards for manganese. Persuaded the EPA Office of Air Quality Planning and Standards to adopt an alternative risk value for assessing the risks of manganese emissions in the ferroalloy production sector, in lieu of the outdated Integrated Risk Information System “reference concentration.”
Represented manufacturing industries in addressing regulatory challenges related to chromium, nickel, manganese, copper, cobalt and other metals.
Achieved the successful resolution of numerous actions brought by “Proposition 65” plaintiffs for “failure to warn” for clients in the heavy manufacturing, consumer product and retail sectors.
Provided counsel on new Proposition 65 warning regulations and the adoption of warning communication strategies appropriate to client-specific circumstances.
Represented clients in the heavy manufacturing and retail consumer product sectors in enforcement actions brought by federal and state (California) authorities for alleged violations of the regulations governing the labeling and marketing of antimicrobial products.
Acted as industry stakeholder representative on the EPA committee negotiating a rulemaking to address the reporting of recycled inorganic byproducts under the TSCA Chemical Data Reporting (CDR) rule.
Persuaded the Environmental Protection Agency (EPA) to rescind guidance that would have required TRI reporting for the chemicals in steelmaking slag sold for use as a product.
Secured for the industrial laundry industry issuance of the first-ever final EPA “no regulation” rule after ELGs had been proposed.
Represented the iron and steel industry in convincing the EPA to scale back proposed ELG revisions, resulting in capital cost savings of over $1 billion.
Persuaded the National Toxicology Program (NTP) not to list “nickel alloys” as carcinogens, and to change the listing for chromium to identify only specific chromium compounds.
Developed strategies for compliance with the European Union’s REACH requirements for numerous industry sectors.
American Bar Association, Section on Environment, Energy and Resources
Industry representative, U.S. EPA TSCA Rulemaking Committee