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James
P.
Rathvon
Partner
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James P. Rathvon practices in the areas of environmental, food and drug and administrative law. A major focus of Mr. Rathvon's practice is the regulation of pesticides and other chemical products under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), the Federal Food Drug and Cosmetic Act (FFDCA), the Consumer Product Safety Act (CPSA) and other complex federal regulatory programs. His work ranges from counseling and advocacy on regulatory and licensing issues, to defense of clients in government enforcement proceedings, to representation in federal arbitrations arising under FIFRA, to federal and state court litigation involving product liability, false advertising, environmental remediation, federal preemption and other matters pertaining to pesticides and other regulated products.
Mr. Rathvon represented clients in the two largest FIFRA enforcement actions ever brought by US EPA's Region IV in Atlanta, Georgia. He has also served as counsel or co-counsel in 11 of the 21 FIFRA data compensation arbitration cases in which a publicly available award or significant pre-trial decision has been issued to date, making Mr. Rathvon perhaps the most experienced FIFRA data compensation attorney in the country.
Another area of Mr. Rathvon's practice concerns the regulation of food and food additives, drugs and medical devices subject to the jurisdiction of the FDA and USDA. He provides regulatory and business advice to food, drug and medical device companies and has represented manufacturers in a variety of matters before the FDA.
Mr. Rathvon also maintains an active appellate practice and has participated in numerous court challenges of federal agency actions under the Administrative Procedure Act and other review statutes. Among other representations, Mr. Rathvon successfully challenged EPA's enforcement actions against a major manufacturer of swimming pool products for allegedly violating FIFRA by selling a product not registered under that act. A temporary restraining order against the agency's "stop sale" order was obtained, whereupon a favorable settlement was effected.
Mr. Rathvon served as general counsel for the Chemical Producers and Distributors Association, a 90-member trade association of chemical producers and distributors, from 1995 to 2006. He is a frequent lecturer on regulatory issues of importance to the chemical products industries.
Admissions
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District of Columbia
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Maryland
Publications
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Co-author, "EPA Proposes Mandatory Greenhouse Gas Reporting Rule," DLA Piper Environmental Alert (March 11, 2009)
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Co-author, "New Federal Consumer Products Law: Tighter Lead, Phthalate Standards, Stronger CPSC Authority," DLA Piper Product Liability Alert (November 3, 2008)
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Co-author "Voluntary carbon credit exchanges fill void in absence of climate legislation," Carbon Market North America (September 24, 2008)
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Co-author, "Import Safety Action Plan Spells More Scrutiny at the Borders," DLA Piper Import Safety Alert (November 14, 2007)
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"FDA Amendments Act Expands FDA’s Powers to Oversee Drug Safety," DLA Piper FDA News (October 10, 2007)
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"FDA Amendments Act of 2007 Revitalizes and Extends FDA Regulatory Authority Over Medical Devices," DLA Piper FDA News (October 10, 2007)
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Co-author, "Final Guidance on Computerized Systems in Clinical Investigations," DLA Piper FDA Alert (May 30, 2007)
Seminars
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"The Bioterrorism Act of 2002 and Food Safety and Security" and "Other Agencies of Interest," Presented at Food and Drug Law Institute (FDLI) "Introduction to Food Law" seminar (January 28, 2009)
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"Data Reliance/Compensation Issues in Pesticide Registration," Presented at EPA/CPDA Workshop (October 30, 2008)
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"Data Compensation Update: Making Sense of EPA's Proposed Endocrine Disruptor Screening Program," Presented at CPDA Workshop (March 12, 2008)
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"Globally Harmonized System of Classification and Labeling of Chemicals (GHS); Potential Modifications to HazCom Standard," Speaker on Legal Panel at American Chemistry Council Symposium (October 20, 2006)
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"Data Reliance/Compensation Issues in Registration," Presented at CPDA Registration 101 Workshop (November 16, 2005)
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"Copyright Protection of Pesticide Labels" (with Ann Ford), Presented at CPDA Registration 101 Workshop (November 16, 2005)
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"So You Think You Understand the Formulator's Exemption?," Presented at CPDA Registration 101 Workshop (December 8, 2004)
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"Pesticide Registration and Data Compensation," Lead speaker at full-day CPDA workshop, covered registration, data reliance and compensation, California registrations, preemption, and other topics (March 9, 2004)
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"CPSC Regulation of Consumer Products," Presented at Client Workshop (October 15, 2003)
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"Product Labeling and Claim Substantiation," Presented at Client Workshop, covered EPA and CPSC regulation and enforcement, FTC guidance on "green" claims, and case law under Lanham Act (October 4, 1999)
Civic and Charitable
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DC Appleseed Center for Law and Justice, Board of Directors (2007-Present)
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SchoolTalk, Inc. Board of Directors (2005-Present)
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The Greenbelt Movement International, Liaison Partner (2007-Present)
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New Perimeter/Climate Change, Project Team Leader (2007-Present)
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Guardian Ad Litem for DC Superior Court (2005-Present)
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Capital Children's Museum, Board of Trustees (1983-2004); Executive Committee (1992-2004)
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Options D.C. Charter Public School, Board of Trustees (1997-2003); Chairman (2001-2002)
EDUCATION
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J.D., George Washington University 1982
magna cum laude
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M.Ed., Tufts University 1974
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B.S., Tufts University 1973
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M.A., State University of New York at Stony Brook 1978
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EDUCATION
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J.D.,
George Washington University
1982
magna cum laude
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M.Ed.,
Tufts University
1974
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B.S.,
Tufts University
1973
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M.A.,
State University of New York at Stony Brook
1978
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