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Charles L. Franklin’s practice includes a mix of regulatory counseling, litigation and transactional due diligence. Drawing on his prior experience as a federal regulator, he advises clients on pesticide and chemical regulations related to production, import, export and labeling and helps clients resolve compliance and enforcement issues with the appropriate authorities.
Mr. Franklin advises and represents clients in administrative and judicial proceedings involving federal, state and international chemical, materials and pesticide regulatory policies. Representative matters include—
- advising clients on the regulatory and market drivers influencing the green product and service market
- advocating for clients before the Environmental Protection Agency (EPA) and Federal Trade Commission (FTC) on green product/labeling policy
- advising clients on compliance with the Federal Trade Commission’s environmental marketing guidance
- reaching a favorable conclusion in litigation with federal government regarding state and federal confidential business information claims for client’s product
- advising clients on legislative and regulatory aspects of Toxic Substances Control Act (TSCA) reform, nanotechnology and other emerging issues
- representing clients before EPA regarding premanufacture notices (PMNs), nanopesticides and advanced materials approvals.
Mr. Franklin also advises clients on business, policy and litigation issues related to climate and energy policies in the United States and European Union. Representative matters include—
- representing clients before federal Agencies in Clean Air Act regulations
- preparing bench arguments and briefs in high-profile climate change nuisance litigation
- monitoring federal policies and funding opportunities for clean energy technology clients
- providing legal advice to pilot project linking environmental and financial performance.
He advises and represents clients regarding assessment and management of environmental liabilities during mergers, acquisitions and bankruptcy proceedings involving chemical- and energy-sector businesses. Representative matters include—
- minimizing environmental risks for creditors in major chemical company reorganization
- drafting briefs opposing federal efforts to limit discharge of third-party injunctive liability
- assessing and managing material environmental liabilities in sale of chemical and energy companies.
Mr. Franklin maintains an active pro bono practice, assisting both individual and institutional clients on legal issues facing developmentally disabled, poor and disenfranchised populations.
Before joining Akin Gump in 2003, Mr. Franklin served for 13 years at the EPA as a regulator and branch chief. During his tenure, Mr. Franklin led several multidisciplinary teams that developed lead-poisoning prevention regulations under the TSCA. As a branch chief in EPA’s Office of Pesticide Programs, he coordinated the agency’s high-visibility press, stakeholder and congressional outreach efforts for a wide variety of pesticide and food safety issues.
Mr. Franklin received his B.A. in economics and communications from the University of Michigan in 1989, his M.P.P. from the University of Maryland School of Public Affairs in 1994 and his J.D., cum laude, from the Georgetown University Law Center in 2003. He is a member of the Maryland and District of Columbia bars and chairs the American Bar Association’s (ABA) Pesticides, Chemical Regulation and Right-to-Know Committee, while participating in other ABA committees related to climate change, cleantech and other issues.
Written Works
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"Volume of Chemical Information Required Stirs Unease on Protecting Proprietary Data,"
International Environment Reporter,
April 13, 2012
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"From the Chair: Science Under Scrutiny and In Transition,"
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter,
February 2012
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"Practical Advice for Product Steward Professionals on Remaining Competent, Socially Aware, and Scientifically Proficient,"
BNA Daily Environment Report,
January 6, 2012
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"Fighting Chemicals with Chemicals: The Role and Regulation of Dispersants in Oil Spill Response,"
Natural Resources & Environment,
October 19, 2011
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"From The Chair,"
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter,
October 3, 2011
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"FIFRA v. the Courts: Redefining Federal Pesticide Policy, One Case at a Time,"
Natural Resources and Environment,
October 3, 2011
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"Dispersant Scrutiny Mirrors Larger Debate Over U.S. Chemical Control Policy,"
Environmental Law Reporter,
November 2010
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"Trade Secrets in Chemical and Pesticide Law: Right-to-Know Meets Right-to-Innovate,"
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter,
June 1, 2010
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"As TSCA Reform Gets Its Moment in the Sun, Will it Brighten or Cloud Prospects for a Green Economy?"
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter,
December 1, 2009
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"2009: A Year of Change for Green Marketers,"
Advertising Age/Goodworks,
April 1, 2009
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"Pesticides and Chemical Policy in 2009: Fasten Your Seatbelts,"
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter,
March 2009
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"Reauthorizing the National Nanotechnology Initiative: Small Solutions for Big Problems,"
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter,
March 2009
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"FTC Takes a Fresh Look at Environmental Marketing,"
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter,
September 2008
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"Climate Change Rules Matter to the Industry,"
Plastics News,
March 24, 2008
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Bar Admissions
- District of Columbia
- Maryland
Court Admissions
- U.S.C.A., DC Circuit
- U.S.D.C., District of Columbia
Education
- J.D., Georgetown University Law Center, cum laude, 2003
- M.P.P., University of Maryland, College Park, 1994
- B.A., University of Michigan, 1989
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