Tom Berger

WORK HISTORY

EDUCATION

SKILLS

ABOUT TOM BERGER

Tom Berger is a senior partner in Keller and Heckman LLP\'s Washington DC office and heads Keller and Heckman\'s Indianapolis satellite office. Mr. Berger\'s practice of over 30 years involves representing foreign and domestic companies in a broad range of areas, including counseling, advocacy, and rulemaking in environmental and chemical regulatory law, contracts, product defense, enforcement, and liability management. Mr. Berger focuses on the notification and approval of new and existing chemicals under the U.S. Toxic Substances Control Act (TSCA), with a focus on emerging technologies such as chemicals used in the manufacture of lithium-ion batteries. Tom was and remains heavily involved with TSCA reform under the 2016 Lautenberg Chemical Safety Act (LCSA) amendments to TSCA. Tom has extensive experience with EPA\'s Chemical Data Reporting (CDR) rule, TSCA Inventory active/inactive issues, section 13 import certification and section 12(b) export notification, polymers, TSCA nomenclature, and fee issues. Tom has a wealth of experience with TSCA\'s counterparts in Australia, Canada, China, the European Union (EU), Japan, Malaysia, New Zealand, the Philippines, South Korea, and Taiwan. Tom has guided hundreds of clients through the TSCA section 5 premanufacture notification (PMN) review process, and negotiates TSCA section 5(e) consent orders and significant new use rules (SNUR). Tom designs, conducts, and manages comprehensive compliance audits, counsels companies on managing liability under EPA\'s \"Audit Policy,\"\"Small Business Compliance Policy\" and other penalty mitigation policies, and assists companies in preparing for Agency compliance inspections and responding to Agency information requests and subpoenas. Tom is a frequent author and lecturer on chemical notification, chemical regulation, liability management, auditing, enforcement, and TSCA reform issues.Tom was selected by his peers as one of the Best Lawyers in America® in 2025 and 2026.