Nina M. MacLeay

Nina MacLeay is a senior regulatory advisor in the Chemical, Environmental and Life Sciences practice with 30 years of experience involving federal and state regulatory and compliance, and enforcement matters in the areas of chemicals, pesticides, consumer and commercial products, biological and microbial products, and products of biotechnology and nanotechnology

Nina’s areas of focus include all aspects of regulation, compliance, and enforcement under the federal Toxic Substances Control Act (TSCA) and its international counterparts; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and counterpart state laws with a focus in California; and California's Safe Drinking Water and Toxic Enforcement Act (Proposition 65).

Nina has performed numerous voluntary company compliance audits, including voluntary disclosures of non-compliance with federal and state chemical and pesticide laws, and has assisted with federal and state regulatory enforcement matters for clients involved in US Environmental Protection Agency (EPA) and state inspections and enforcement actions. Her experience includes both administrative and litigation matters, with an emphasis on environmental compliance and due diligence – regularly working with manufacturer, distributor, and retailer clients in the areas of chemical and pesticide regulation by international, federal, and state agencies. Nina's knowledge extends to the use of consumer products, including household and commercial products, biological and microbial products, industrial and specialty chemicals, and pesticides, including agricultural products. She has also assisted clients in proceedings regarding civil and criminal penalty mitigation under EPA and state agency enforcement policies for intentional and unintentional violations, and has helped companies respond to subpoenas and information requests.

Nina provides product regulatory due diligence in acquisitions and restructurings involving chemical and pesticide companies. She works with clients on the development and implementation of systems for managing compliance with federal and state chemical and pesticide laws, and with integration efforts for acquisitions to analyze and maintain records of compliance with worldwide chemical notification and inventory requirements. In addition, Nina assists with post-acquisition compliance processes to develop standard operating procedure and compliance programs, policies, and training manuals. Nina assists FIFRA clients with analysis of registrations regarding the labeling and sale of pest control products and applications, including products sold in California and regulated by the California Department of Pesticide Regulation (DPR). In addition, she maintains contact with various environmental regulatory agencies at the federal, state, and local levels to identify, obtain, and analyze evidentiary data and resource materials.

Nina’s Proposition 65 experience involves assisting clients with failure to warn and discharge prohibition claims arising from the sale of consumer products and the use of workplace chemical products. She provides company audits of products involving listed chemicals, as well as standard operating and compliance procedures and training, including analytical research and assistance regarding notification, listing, labeling, warning requirements, and consumer product safety standards under Proposition 65.