Overview
With a record of obtaining favorable results for clients in a broad range of chemical regulatory, environment, and life sciences matters, Seth Goldberg leads Steptoe’s global practice in these areas. His chemical regulatory practice is based on a deep knowledge of federal and state regulatory programs (e.g., the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA), and similar state programs, such as California Proposition 65). Seth also has experience with regimes in other jurisdictions (e.g., biocides, plant protection products, and general chemical regulation (REACH) in the EU, and similar programs in China). His environmental practice encompasses air, water and waste regulation and environmental remediation at both federal and state levels, as well as regulatory and allocation issues arising from contaminated properties.
Seth's experience and insights enable him to provide creative solutions to issues across a broad spectrum of regulatory programs and policies. He works to achieve optimal results in every matter, be it defending products in administrative proceedings, overcoming market entry obstacles and end-user issues, or litigating cases involving hazardous substances and waste. Seth serves as lead counsel in administrative, trial, and appellate court proceedings, including district court representation concerning the EPA’s review of FIFRA registration actions and compliance with the ESA. He also handles matters involving product regulation, federalism issues, state programs, and international coordination of chemical control regimes.
Seth also has served as President of the Prettyman-Leventhal American Inn of Court, which focuses on administrative law, and has addressed a broad range of issues in that field, including matters involving internal procedures of consensus standard setting organizations. Recently, he has focused on EPA’s issuance of regulations governing PFAS under TSCA, CERCLA and other authority.
- California
- District of Columbia
- US District Court, Northern District of California
- US District Court, Central District of California
- US District Court, District of Columbia
- US Court of Appeals, Second Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, District of Columbia
- Temporary Emergency Court of Appeals
- J.D., Stanford Law School, 1978, Board of Editors, Stanford Law Review; US Law Week Award
- B.A., State University of New York, Binghamton, 1975, Phi Beta Kappa
Areas of Work
Representative Matters
- Advise on implications of PFAS contamination in pesticide products packaged in fluorinated containers.
- Oversight of and responsibility for preparation of request to waive studies required for an essential oil under the pesticide statute, FIFRA, based on data on related compounds.
- Interaction with EPA IRIS program and FDA regarding mode of action of carcinogenicity of inorganic arsenic and potential threshold for both cancer and non-cancer effects.
- Interaction with EPA IRIS program regarding hexavalent chromium assessment.
- Oversight of and responsibility for waiver requests for toxicology studies in connection with registration of new method of chlorine dioxide generation.
- Coordinate assessment of health risks from federal Superfund site at which mercury and PCBs are principal contaminants.
- Coordinate arguments for continued availability of tributyltin antifoulants for limited uses, including risk assessment.
- Coordinate industry response to EPA pesticides office concerns with aquatic toxicity of copper, including environmental modeling of exposures from ships and fixed structures using copper antifouling coatings.
- Evaluate applicability of EPA new nano-framework to several pesticides, including micronized copper. Evaluate EU regulation of similar products in that jurisdiction.
- Coordinate risk assessments for several new chemicals for which PMNs or SNUNs have been or will be submitted under TSCA.
Speaking Engagements
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"Global Compliance Strategy and Advocacy: Regulatory Developments Regarding PFAS, Antimicrobials, Sustainability Parameters and Green Claims," IMPACT2023, HCPA Mid-Year Meeting, May 4, 2023
- "Best Practices in FIFRA Data Compensation," American Chemistry Council's Center for Biocide Chemistries Webinar, March 30, 2021
- "Session 2: The Americas," Chemical Watch COVID-19 Global Overview: Getting The Right Biocides To Market (Virtual Conference), September 16, 2020
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"EPA Dietary Risk Assessments: Why Are They Relevant? How Are They Performed?," Chemical Watch Food Contact Regulations USA 2019, Washington, DC, March 19, 2019
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"Emerging Issues and Areas of Concern for Antimicrobials," Chemical Watch's Biocides USA 2018, San Francisco, CA, November 6, 2018
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"Update on the EU's Biocidal Products Regulation: What is Happening and What to Watch," The American Chemistry Council's 12th Antimicrobial Workshop, June 8, 2018
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"IMPACT 2018," Household & Commercial Products Association, National Harbor, MD, May 15-17, 2018
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"Global Food Contact: Achieving Global Compliance," Smithers Pira, Bethesda, MD, May 11, 2018
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"Dietary Risk Assessments Under FIFRA," Chemical Watch 2018 Food Contact Regulation USA, March 8, 2018
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"Pragmatic Tools," Global Chemicals Conference, American Chemistry Council, February 28, 2018
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“Antimicrobial Registration 101,” Chemical Watch Biocides USA 2017 Conference, March 28, 2017
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“The New Paradigm for Antimicrobials That Require Food Contact Approval,” Chemical Watch Biocides USA 2017 Conference, March 28, 2017
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"Ecotox and Environmental Fate - Data Requirements and How Data Will Be Used," Biocides USA, April 11, 2016
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"EU Biocidal Products Regulation," Biocides USA, April 11, 2016
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"Regulatory Developments for Nanotechnology," Global Chem Conference and Exhibition, March 22, 2016
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"Chemical Regulations in the USA - Some Important Developments Including TSCA Reform and State Level Regulations," Regulatory Summit - Asia 2015, October 1, 2015
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"An Overview of the Current Regulatory Scene in the USA," Biocides Asia 2015 Conference, September 29, 2015
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"Current US Hot Topics," Biocides Asia 2015 Conference, September 29, 2015
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"Regulation of Treated Articles and Masterbatches," SPI's 12th Biennial International Symposium on Worldwide Regulation of Food Packing, August 6, 2015
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"In-situ Biocides in the EU and US," Chemical Watch webinar, July 9, 2015
News & Publications
Media Mentions
Inside EPA Quotes Seth Goldberg in Article About EPA’s Risk Assessment Discrepancy
January 29, 2024
Client Alerts
Phase II of NEPA Reforms Raises Questions for Permit Applicants; Comments Due by September 29, 2023
August 22, 2023
Client Alerts
Congress Streamlines NEPA as Part of Debt Ceiling Package: How Much Has Really Changed?
June 27, 2023
By: Seth Goldberg, Lorrie M. Marcil, Sally Mordi, Chris Yeatman
Client Alerts
Comments Due by July 25 on EPA's Proposal Updating New Chemicals Regulations under TSCA
June 26, 2023
By: Seth Goldberg, Sally Mordi
EPA Seeking Public Input on Potential CERCLA Hazardous Substance Designation for Additional PFAS
April 19, 2023
By: Seth Goldberg, Sally Mordi
Client Alerts
EPA Proposes Significant New Use Rule for the Manufacturing or Processing of 330 Inactive PFAS
February 2, 2023
Client Alerts
New Prop 65 Warning Changes – What You Need to Know
January 19, 2021
By: Seth Goldberg, Carol R. Brophy, Dennis Raglin, Mike Easter (Contractor)
Resources
Resources
China Technical Regulatory Development & Compliance Bulletin
April 28, 2016
By: Seth Goldberg
Resources
China Technical Regulatory Development & Compliance Bulletin
January 29, 2016
By: Seth Goldberg
Resources
China Food and Drug Administration Food and Chemical Update
December 29, 2015
By: Seth Goldberg
Resources
China Food and Drug Administration Food and Chemical Update
October 23, 2015
By: Seth Goldberg
Resources
China Food and Drug Administration Food and Chemical Update
September 25, 2015
By: Seth Goldberg
Resources
China Food and Drug Administration Food and Chemical Update
August 28, 2015
By: Seth Goldberg
Resources
China Food and Drug Administration Food and Chemical Update
August 14, 2015
By: Seth Goldberg
Resources
China Food and Drug Administration Food and Chemical Update
July 31, 2015
By: Seth Goldberg
Resources
China Food and Drug Administration Food and Chemical Update
April 10, 2015
By: Seth Goldberg
Events
Webinars
PFAS in Your Value Chain with ERM
Cost-Effective Strategies for Compliance with the New TSCA PFAS Reporting Rule, TRI Disclosure, and State Programs While Protecting Your Business
December 12, 2023
Speakers: Michael Boucher, Seth Goldberg, Kate Sellers and John Hazard
Webinars
Innovative Defenses to Prop 65 Webinar Series: Part I
August 13, 2020
Speakers: Carol R. Brophy, Seth Goldberg, Dennis Raglin
Seminars & Events
Biocides and Antimicrobials 101
November 5, 2018
Speakers: Seth Goldberg, Eléonore Mullier
Steptoe's San Francisco Office
1 Market Street
Steuart Tower
Suite 1800
San Francisco, CA 94105
Seminars & Events
Antimicrobial Registration 101
June 6, 2018
Speaker: Seth Goldberg
Renaissance Arlington Capital View Hotel
2800 S. Potomac Ave.
Arlington, VA 22202
Seminars & Events
EU Biocides Seminar: The End of the Beginning
May 18, 2017
Steptoe
Avenue Louise 489
B-1050 Brussels
Webinars
Pipeline Accidents: Are You Prepared?
January 12, 2017
Speakers: Seth Goldberg, William T. Hassler, Dane Jaques, Joshua Runyan
Webinars
Environmental Regulation in the New Administration
December 15, 2016
Speakers: Thomas M. Barba, Seth Goldberg, Leslie A. Belcher, Micah S. Green
Noteworthy
- Legal 500 US, Industry Focus: Environment, Litigation (2018-2019)
Professional Affiliations
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American Inns of Court Foundation, Trustee (2006–2014); Secretary (2008-2010); Treasurer (2012-2014)
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President, Prettyman-Leventhal American Inn of Court (2002–2010)