Martha E. Marrapese

Martha is a sought-out legal and policy advisor on matters where innovation and environmental protection intersect.  She is a recognized leader on Toxic Substances Control Act (TSCA) matters. Martha provides strategic counseling to clients on how to navigate TSCA’s new chemical program, effectively negotiates consent orders on their behalf, and advises on how to best protect confidential business information (CBI) in TSCA submissions.  She assists clients navigate EPA’s existing chemical prioritization, risk evaluation and risk management process and advocates for reasonable workplace requirements associated with their condition of use. 

Martha is a leading expert on federal and state regulations for reporting and restricting per- and polyfluoroalkyl substances (PFAS).  Martha advises on extended producer responsibility programs and recycling with respect to plastic and electronic waste. Her knowledge and experience with respect to bio-based chemicals, nanomaterials, and chemicals essential for battery innovation such as cathode active materials (CAMs) and electrolyte ingredients and how chemical regulations affect downstream users is highly relevant in today’s regulatory environment.

Representative Matters

• Start-to-finish representation of companies and associations seeking to defend their conditions of use in the TSCA Section 6 existing chemical process.
• Legal guidance for asserting and retaining protection of confidential business information (CBI).
• Counsels on TSCA Section 8 reporting, including PFAS reporting, chemical data reporting (CDR), unpublished health and safety study submissions, and substantial risk information.
• Designs and manages industry test programs and surveys with attention to antitrust compliance and privilege safeguards.
• Represents companies in TSCA enforcement and voluntary disclosure proceedings.
• Guides effective new chemical notification strategies under TSCA Section 5 for chemicals and microorganisms.
• Advises companies on the jurisdictional requirements of TSCA in relation to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Food and Drug Administration (FDA) regulated ingredients.
• Counsels clients on extended producer responsibility (EPR) frameworks for batteries, packaging, and electronics.
• Experienced practitioner in the area of testing and commercializing nanomaterials in both the U.S. and Canada.
• Advises plastic recyclers on how to test and obtain FDA letters of no objection (LNO) for the use of recycled plastic in food contact applications.

Professional Experience

• U.S. Delegate, International Standards Organization (ISO), Committee on Nanotechnologies (2005-2013)
• Chair, Working Group 1 Nomenclature and Terminology, U.S. Technical Advisory Group

Affiliations

• American Bar Association (ABA)
  • Past Co-Chair, Special Committee on Congressional Relations
  • Past Chair, Pesticide, Chemical Regulation and Right-to-Know Committee, Section of
    Environment, Energy and Resources
•  Environmental Law Institute
  • Board Member

Recognitions

• Included in The Best Lawyers in America directory for Environmental Law (2024-2025)
• Named one of 500 Leading Environmental and Energy Lawyers by Lawdragon (2021, 2023-2025)
• Recognized in The Legal 500 US as a "Recommended Lawyer" in Environment (2023, 2024)
• Listed by Chambers USA as one of “America’s Leading Lawyers for Business” in Environment
  (2020-2024)
• Included in Who’s Who Legal: Environment & Climate Change (2022-2023)
• Recognized as one of the nation’s top “Energy & Environment Trailblazers” by The National Law Journal (2018)