Philip A. Moffat

Philip A. Moffat — Additional Representative Experience

Environmental Regulation, Permitting, and Transactions

• Advising on environmental due diligence and risk allocation in corporate transactions, including assessments of product regulatory compliance, supply-chain risks, and contamination of environmental media; negotiating representations and warranties, indemnification provisions, escrow holdbacks, pollution legal liability (PLL) insurance, and environmental liability transfer arrangements.
• Representing companies and consortia in Clean Water Act (CWA) matters, including negotiation and interpretation of discharge permits, preparation of comments on proposed Total Maximum Daily Loads (TMDLs), and petitions for site-specific water quality criteria and associated permit modifications.
• Advising clients on environmental issues under CWA Sections 402 and 404, the National Environmental Policy Act (NEPA), and Clean Air Act (CAA) Title I, Part C in domestic and international commercial transactions and project developments involving coalbed methane, liquefied natural gas, oil, hydropower, and alternative energy projects.
• Counseling companies in the telecommunications, manufacturing, and alternative energy sectors regarding reporting obligations under the Emergency Planning and Community Right-to-Know Act (EPCRA) and analogous state and local laws, including the availability of exemptions under EPCRA and the Occupational Safety and Health Act (OSH Act).

Chemical Regulation and Product Stewardship

• Counseling companies about product design and end-of-life management requirements under the Federal Battery Management Act and analogous state laws.
• Advising companies on green marketing regulatory requirements in the United States and international standards concerning green marketing.
• Counseling consumer products companies regarding the availability and requirements of the “treated articles” exemption from registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
• Assisting companies and industry consortia with all aspects of the Toxic Substances Control Act (TSCA) program, including compliance counseling, defense of enforcement actions, support for internal compliance audits, management of testing consortia, and participation in voluntary programs.
• Advising companies in the chemical, consumer products, and alternative energy industries on new chemical and product stewardship laws, including end-of-life management requirements. This work has involved regulatory developments in Malaysia, Taiwan, China, South Korea, Japan, India, Turkey, Australia, New Zealand, Sweden, Norway, and the United States.
• Advising consumer products manufacturers and other companies regarding California Proposition 65 warning obligations.
• Advising companies on U.S. and European Union regulations governing food additives and food-contact materials.
• Advising companies regarding regulatory requirements under TSCA, the Federal Food, Drug, and Cosmetic Act (FFDCA), the OSH Act, FIFRA, and the Hazardous Materials Transportation Law affecting the development, manufacture, importation, marketing, and use of nanomaterials, as well as appropriate internal policies and practices.
• Advising a global chemical company on legal and technical issues associated with environmental and human health risk assessments of a family of persistent, bioaccumulative, and toxic (PBT) chemicals.

International Chemical Regulation and Regulatory Policy

• Providing strategic advice and training on implementation of the European Union’s REACH regulation for non-EU companies in the pharmaceutical, medical device, biotechnology, chemical, and electronics sectors.
• Advising companies in multiple industries on chemical management programs under the Canadian Environmental Protection Act (CEPA) and other foreign laws.
• Representing the United States as a member of the delegation negotiating nanotechnology standards before the International Organization for Standardization’s Technical Committee 229, “Nanotechnologies.”
• Participating in the U.S. Council for International Business’s Nanotechnology Working Group, which develops positions for the U.S. business community concerning policy and regulatory activities at the Organisation for Economic Co-operation and Development (OECD).
• Assisting companies with tracking the development of certification standards for green products and services, including the U.S. Green Building Council’s LEED rating system.
• Preparing and submitting comments on proposals by nongovernmental standards-setting organizations, including workplace exposure guidelines developed by the American Conference of Governmental Industrial Hygienists.
• Tracking and analyzing energy efficiency standards affecting multiple industrial sectors.

Regulatory Litigation, Investigations, and Enforcement Defense

• Representing the sole petitioner, Diamond Vogel, Inc., a domestic consumer products manufacturer, in Diamond Vogel, Inc. v. New Mexico Environmental Improvement Board, No. A-1-CA-43483 (N.M. Ct. App., filed May 22, 2026), challenging New Mexico’s PFAS-in-products regulations, including product labeling requirements.
• Representing industry petitioners in Coalition for Fair Aerosol Regulation v. EPA, No. 25-1094 (D.C. Cir., filed March 18, 2025), challenging compliance deadlines under EPA’s updated National Volatile Organic Compound Emission Standards for Aerosol Coatings and securing delayed compliance deadlines.
• Defending a major wireless telecommunications company in an EPA enforcement action alleging violations of EPCRA, the Clean Water Act, and the Clean Air Act.
• Defending a pesticide manufacturer in an EPA enforcement action alleging violations of FIFRA registration and branding requirements.
• Representing a pesticide manufacturer in FIFRA data compensation disputes.
• Representing manufacturers in Federal Trade Commission investigations concerning potential violations of the FTC Act arising from environmental marketing claims.
• Defending a manufacturing facility against a state Clean Water Act enforcement action alleging violations of copper water quality-based effluent limitations in its NPDES permit.

Environmental, Product Liability, and Administrative Litigation

• Defending the American National Standards Institute (ANSI) against product liability claims arising from its role in developing radiofrequency (RF) radiation emission standards and conformity assessment protocols for wireless handheld telephones. In 2005, serving as counsel of record for ANSI on an amicus curiae brief to the U.S. Supreme Court supporting a petition for certiorari in Nokia, Inc., et al. v. Garret Naquin, et al.
• Representing an offshore exploration and production company in litigation under the Administrative Procedure Act and Outer Continental Shelf Lands Act challenging the Minerals Management Service’s denial of an exploration plan and approval of a competitor’s right-of-use and easement.
• Developing technical and regulatory aspects of liability defenses for a chemical manufacturer in toxic tort litigation alleging exposure to perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS).
• Representing a major energy company in toxic tort litigation involving naturally occurring radioactive material (NORM).
• Developing technical and regulatory aspects of liability defenses for a major energy company in CERCLA natural resource damages litigation concerning the fuel additive methyl tert-butyl ether (MTBE).

Pro Bono Representation

• Representing individuals with intellectual disabilities in pro bono litigation challenging inadequate conditions and treatment at a public mental health institution.

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