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.

Pesticide Regulation
Mr. Goldberg's pesticide regulatory practice involves a broad range of issues arising under the regulatory programs affecting pesticide registrants, from registration to data compensation to cancellation and suspension.  Mr. Goldberg has successfully represented clients in prosecuting countless registration actions.  He has successfully managed special review and suspension and cancellation matters, and litigates data compensation arbitrations, principally representing data owners.

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.

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.

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.

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.

News

• Human Testing Case Victory

Speaking Engagements

• How to Get the Most Out of REACH Pre-registration, February 6, 2008, (A Steptoe-sponsored event)
• REACH Pre-registration: Preparation & Execution Webcast, October 23, 2007, (A Steptoe-sponsored event)
• EPA vs. FDA: Regulatory War of the Worlds Over Antimicrobials in Food Processing Substances, October 10, 2007
• REACH in Practice, June 1, 2007, (A Steptoe-Sponsored Event)
• Review of EPA Policy on Eco-Labels, April 5, 2007, (Given at the International Sanitary Supply Association)
• Biocidal Products Directive: What US Companies Need to Know, October 31, 2005, (A Steptoe-sponsored event)

Publications

• 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
• Are Pesticide Registration Notices Mandatory or Advisory?
  May 2001
• Section 2(bb) of FIFRA: Dual Jurisdiction Over Food Contact Antimicrobials
  April 2001
• Superfund Deskbook; Environmental Law Institute
  2000