L. Mark Wine

Toxic Substances Regulations

• Mark serves as counsel to the North American Insulation Manufacturers Association (NAIMA), the manufacturers of fiberglass and mineral wool insulation. He led the successful effort to limit the impact of OSHA's hexavalent chromium proposed rule on fiberglass manufacturing plants. Mark also helped NAIMA obtain downgrades in cancer classifications from IARC, NTP and California Proposition 65 for most synthetic vitreous fibers. In addition, Mark has provided a broad range of general counseling involving the EPA, the CPSC, antitrust, communications and risk assessment.

• Mark has served as environmental counsel for the International Institute of Synthetic Rubber Producers (IISRP), including Clean Air Act (CAA) issues and the OSHA rulemaking on butadiene. He also advises IISRP on other environmental and occupational health issues.

• Mark also represented the American Chemistry Council (ACC) Glycol Ethers Panels. He led an effort that persuaded OSHA to abandon a rulemaking that was nearly complete. This representation also included three test rule proposals, the HPV/ICCA Program and other regulations under the Toxic Substances Control Act (TSCA).

• Mark has represented the Society of Chemical Manufacturers and Affiliates' (SOCMA) Institute for Polyacrylate Absorbents (IPA) on a variety of risk assessment and regulatory matters. Most notably, Mark led the U.S. industry effort to obtain the first detailed review of toxicology and occupational exposure limits for polyacrylate superabsorbent material at the German MAK Commission.

• For SOCMA's SB Latex Council, Mark responded to an attempt to regulate air emissions and guided the association in an 18-month public regulatory dialogue at EPA involving the carpet industry and indoor air quality.

• In addition, Mark represented ACC groups on many issues. For example, he handled seven of the twenty chemicals that were part of EPA's Voluntary Children's Chemical Evaluation Program (VCCEP). These ACC groups handled benzene, toluene, two xylenes and three alkanes. This effort included extensive counseling concerning hazard, exposure and risk assessment. Mark also represented the ACC Toluene and Xylene and Hydrocarbon Solvents Panels.

• As counsel to the Basic Acrylic Monomer Manufacturers, the Methacrylate Producers Association and the ACC Specialty Acrylates and Methacrylates Panel (SAM), Mark advised the acrylate/methacrylate industry concerning occupational health, Clean Air Act regulations, toxicology testing, the HPV/ICCA initiatives, AEGLs, IRIS and other regulatory actions, as well as the activities of the NTP, IARC and various states. Significantly, this representation included successfully petitioning the NTP to delist ethyl acrylate from its Report on Carcinogens.

Environmental Litigation

Mark has actively represented clients in all phases of litigation in the federal courts and before administrative agencies in many areas of environmental law. Several examples follow:

• On behalf of Amoco Oil Company (now BP), Mark tried a four-week jury trial in the Eastern District of Texas concerning fraud and contract claims involving hazardous wastes on property Amoco purchased. The trial involved complex engineering and other technical issues.

• Mark also served as chief trial counsel for Dow Chemical in a year‑long administrative trial involving extensive discovery and more than 100 expert witnesses brought by the EPA to cancel the registration of the pesticide 2,4,5‑T, which was contaminated with dioxin.

• As lead counsel for the Safe Buildings Alliance, an association of companies concerned about asbestos in buildings, Mark persuaded the Third Circuit to limit the ability of district courts to use Rule 23 class action authority to regulate First Amendment communications of class action defendants' public and political activities. See In re School Asbestos Litigation, 842 F.2d 671 (3d Cir. 1988).