Seth Goldberg

Partner

• sgoldberg@steptoe.com
• vCard
• Washington Office

Seth Goldberg is a partner in the Washington office of Steptoe & Johnson LLP, where he is a member of the Regulatory & Industry Affairs Department. He has practiced environmental and administrative law and litigation at Steptoe & Johnson LLP since joining the firm in 1978.  In the environmental area, his practice encompasses a range of subspecialties, including hazardous waste and toxic chemical regulation, environmental remediation, pesticide regulation, and regulatory litigation.  He represents clients before administrative agencies and courts in a broad range of complex matters.  A substantial part of his practice involves compliance advice, agency rulemaking and license decisions, and appeals from such decisions.

Environmental Remediation
Mr. Goldberg has handled a broad range of matters involving assessment and remediation of contaminated property.  He has handled federal Superfund sites for the major PRPs, as well as a substantial number of matters involving state remediation.  He has negotiated a de minimis settlement at a site with over 200 PRPs, and has successfully litigated private cost recovery actions on behalf of both plaintiffs and defendants.

Hazardous Waste
Mr. Goldberg has focused on hazardous waste and toxic chemical regulation since the issuance of the original RCRA regulations in 1980.  He has represented numerous industry groups in commenting on hazardous waste regulatory proposals and has successfully challenged regulations before the Court of Appeals.  Mr. Goldberg also has handled many hazardous waste enforcement proceedings, both administrative and judicial, brought by federal and state authorities.

Project Environmental Compliance
Coordination of the environmental aspects of project review is another dimension to Mr. Goldberg’s practice.  Regularly working with EPA and other agencies across a range of programs, Mr. Goldberg has successfully coordinated the environment-clearances for infrastructure projects.  He has been actively involved in the development of permitting and National Environmental Policy Act (NEPA) compliance strategies.  Similarly, Mr. Goldberg has assisted clients with compliance with related federal statutes, including the National Historic Preservation Act, the Endangered Species Act, Section 404 of the Clean Water Act (wetlands), and the Clean Air Act Conformity Requirements. Mr. Goldberg also has extensive experience in NEPA litigation, both at trial court and appellate levels.

Chemical Regulation
Mr. Goldberg represents clients on a range of chemical regulatory issues before the US EPA, OSHA, FDA, CPSC, and a number of state regulatory agencies.  His practice focuses on product approval, compliance advice, and enforcement matters under a range of statutes and regulatory programs.

Litigation
A substantial portion of Mr. Goldberg's practice involves litigation.  He regularly handles hearings, trials, and appeals before trial and appellate courts and administrative agencies.  Mr. Goldberg has tried matters in federal district courts in the District of Columbia, Virginia, and California, as well as in several state courts.  He also has an active appellate practice focused on environmental and administrative issues.
 

Representative Matters

Selected Recent Litigation:

• Oxygenated Fuels Association v. Pataki, 293 F. Supp. 2d 170 (N.D.N.Y. 2003), trial counsel in preemption challenge to state gasoline content regulation.
• CropLife America v. EPA, No. 02-1057 (D.C. Cir.). Represent American Chemistry Council in successful challenge to EPA’s decision to reject industry sponsored studies using human test subjects.
• Georgia Pacific v. A.P. Möller. Expert on US Administrative Law for Georgia Pacific in maritime arbitration focused on Department of Agriculture regulations.
• Collins, et al. v. J.H. Baxter & Co., No. C 95-1110 MJJ (N.D. Cal. May 7, 2001). Obtained judgment for former wood preserving plant owner in private action seeking remediation and cost reimbursement.
 

Select News & Events

• REACH Post Registration: Next Challenges, February 15, 2011, (A Steptoe-Sponsored Event)
• REACH Webinar – Next Steps in Registration and TSCA Reform, June 23, 2009, (A Steptoe-Sponsored Event)
• ISSA's Green Cleaning Forum, April 14, 2009
• Risk Assessment Webinar, March 4, 2009
• REACH Beyond Pre-registration, December 9, 2008, (A Steptoe-Sponsored Event)
• Biocidal Products Directive: What US Companies Need to Know, (A Steptoe-sponsored event)
• Human Testing Case Victory

Selected Publications

• Nanomaterials Need Effective Risk Governance
  January 2011, CHEManager Europe
• The Role of FDA in the Regulation of Manufactured Nanomaterials
  September 2010, Bloomberg Law Reports
• Environmental Law Advisory - Aviation and the EU Emission Trading Scheme
  July 17, 2009
• Court Voids US EPA Ban on Use of Third-Party Human Test Data
  Environmental & Chemical Regulatory Update
  June 2003
• Prettyman-Leventhal American Inn of Court: Appellate Power to Remand Without Vacating an Agency Action
  May 2003
• Dual Regulation of Antimicrobial Food Contact Uses in the US
  October 2002, Environmental & Chemical Regulatory Update
• EPA Subjects Wood Preservations to More Sophisticated Assessment
  2002, Environmental & Chemical Regulatory Update
• The Food Quality Protection Act, Risk Assessment, and the New Administration
  2002

More Publications »

Professional Affiliations

• American Inns of Court Board of Trustees, Secretary