Document ymgyVXR65Z6rKky3EVGnjLZ76

MANUFACTURING CHEMISTS ASSOCIATION MINUTES OF MEETING LEGAL ADVISORY COMMITTEE Conference Room of Wilmer, Cutler k Pickering 1666 K Street, N. W. , Washington, D. C, February 5, 1976 LAC h- i PRESENT Brian D. Forrow, Chairman R, C. Burroughs James H. Hanes Charles S. Maddock Bernard J. McNamee Neil R. Mitchell Donald P, Walsh James I. Wyer Allied Chemical Corporation Olin Corporation Dow Chemical U. S. A. Hercules Incorporated Hooker Chemicals L Plastics Corp. Velsicol Chemical Corporation Shell Oil Company American Cyanamid Company Bruce M. Barackman, Secretary Robert Compton (alternate for Mr. Mayne) Robert A. Hammond, III, Outside Counsel (item 3 of minutes) John H. Pickering, Outside Counsel Robert E. Suggs (alternate for Mr. Longman) Manufacturing Chemists Association Ashland Oil, Inc. Wilmer, Cutler k Pickering Wilmer, Cutler k Pickering Celanese Corporation ABSENT Edwin J. Putzell, Jr. , Vice Chairman Albert A. Eustis Robert A. Longman (alternate designated) Frank R. Lyon, Jr. I. C. Macdougall Arloe W. Mayne (alternate designated) E. J. Mooney Russell J. Parsons Charles E. Welch GUESTS Robert H, Bidwell William J. Driver (last half of meeting) Richard Millan Neil E. Sorapure Monsanto Company W. R. Grace k Co. Celanese Corporation Union Carbide Corporation Stauffer Chemical Company Ashland Oil, Inc. Nalco Chemical Company Borg-Warner Corporation E. I, du Pont de Nemours k Company Exxon Chemical Company Manufacturing Chemists Association Conoco Chemicals Allied Chemical Corporation CMA 086434 LAC 8-2 presiding. The meeting convened at 10:05 a. m. with Brian Forrow, chairman 1. Minutes of the January 8, 1976 Meeting approved as distributed. The minutes were m 2. Report on Activities of Special Task Group on Toxic Substances Legislation Mr. Hanes reviewed on-going activities and noted that MCA is ad dressing itself to what are new bills in the House and Senate with major emphasis on the new S. 776. It was noted that the latter now contains a reverse burden of proof provision as in the original Tunney bill (S. 776). Following discussion it was recommended that Legal Advisory Committee members submit their comments, particularly on the reverse burden of proof issue, simultaneously to their execu tives who are members of MCA's Executive Committee and to Mr. Hanes for con sideration by the special task group. Distributed to those present were: a list of certain toxic substances with existing control authorities identified; a list of pro and con arguments on toxic substances control legislation--both supplied by Mr. Hanes; and an analysis of objectionable provisions of H. R. 10318, supplied by Mr. Walsh. 3. Antitrust Compliance Program A revised draft of the MCA Antitrust Guide reflecting comments received to date was distributed. Written .comments should be submitted to Mr. Hammond by February 20, 1976. It was the consensus that the final form should be approximately the same length as the revised draft; it should include marginal notes forcefully highlighting the various sections; and it should be printed as a separate pamphlet in a size approximating the revised draft. As a legitimate service to small member companies, Mr. Maddock recommended consideration be given to the preparation of a memorandum on antitrust compliance for their guidance. 4. EPA Heptachlor/Chlordane Suspension; EPA "Principles" of Carcinogenicity These items, four and five of the agenda, were combined for discussion purposes. Mr. Mitchell reviewed the status of Velsicol's legal action in response to the suspension by EPA of heptachlor/chlordane for certain uses. Mr. Walsh discussed the EPA "principles" of carcinogenicity vis-a-vis the NCI "principles. " Identified as issues in the Velsicol case on the basis of which MCA may wish to consider intervening were: burden of proof; due process re suspen sion, on the basis of the hearing conducted, of a chemical in use for 25 years; and the "principles" of carcinogenicity--this latter also being the subject of Mr. Walsh's recommendation that a legal memorandum be prepared on judicial notice. Following discussion it was the consensus that further consideration by the Legal Advisory Committee would await a report by Outside Counsel who meanwhile would consult with counsel for Velsicol. 5. Further Meetings The schedule of meetings of the committee for the remainder of the fiscal year was adopted as follows: CMA 086435 LAC 8-1 Friday, March 5, 10:00 a.m. , Washington, D. C, Thursday, April 1, 10:00 a.m, , Washington, D. C. Thursday, May 6, 10:00 a.m. , Washington, D. C, Wednesday, June 9, 12:00 Noon, White Sulphur Snrtngs W. '.'a. The March and June meetings constitute changes in the orevicusly announced schedule. In connection with the June meeting, it is the individual responsibility of each member who plans to attend to make the necessary arrange ments through his company executive contact to be included in the company's quota for MCA's Annual Meeting. 6. Additional Matters Vice Chairman Putzell was elected unani mously as chairman of the Committee effective June 1, 1976. Outside Counsel reviewed the status of the Arcell and Arnstetn cases, noting in regard to the latter that discussions are proceeding between plaintiff's counsel and defendants' counsels which may lead to a settlement involv ing a token amount, on the part of MCA. Mr. Forrow distributed for consideration of the Committee at its next meeting a draft of a memorandum recommending retention by MCAofir.side vice president and general counsel. The meeting adjourned at 11:55 a.m. Minutes subject to approval F e bruary 12, 1976 BMB;jb Bruce M. Barackman Secretary CMA 086436