Telisport W. Putsavage
Telisport W. Putsavage has more than 30 years of experience in environmental law and regulation, with a major focus on pesticides. He has held significant public sector environmental positions, serving as Assistant Counsel of the New York State Department of Environmental Conservation and as an Assistant Attorney General in the Maryland Department of the Environment. In those positions he counseled the pesticide, Clean Air Act, RCRA, Solid Waste, oil, gas and mining programs. In addition, Mr. Putsavage has been a partner in multiple firms in Washington, D.C.

Presently, Mr. Putsavage counsels pesticide producers, distributors, retailers and trade associations on federal and state pesticide regulatory and business matters, including product registration and cancellation, federal and state enforcement, and data compensation.

In addition to his environmental work, Mr. Putsavage has both represented and been a participant in Thoroughbred racing and breeding. Through his client the American Horse Council, he represented the interests of horse racing before the Federal Gambling Impact Study Commission.

Representative Client Work

• Represented numerous clients in multi-million dollar negotiations and arbitrations addressing the compensation due for reliance upon pesticide data previously filed with EPA
• Represented clients in federal and state pesticide enforcement matters, including negotiation of state consent order providing for a significantly reduced penalty and establishing a precedential environmental benefit project to underwrite the collection and environmentally sound disposal of waste pesticides
• Designed and supervised audit of pesticide compliance for client holding in excess of 100 pesticide registrations
• Obtained for clients the first registration of insect-repellent fabric for use in commercially-available outdoor activity apparel
• Persuaded EPA that plant vitamin-hormone mixture that functions as a plant growth regulator is naturally occurring, thereby qualifying for exemption from pesticide registration
• Counseled clients producing various products qualifying for EPA classification as antimicrobial-treated articles
• Handled appeal in which the Federal Mediation and Conciliation Service overturned a decision of American Arbitration Association on the procedural provisions of an arbitration, in a manner favorable to client
• Obtained for an off-shore client the first U.S. generic registration of the herbicide paraquat, overcoming fierce resistance from the pioneer registrant, including claims that its proprietary formulation was safer than the generic formulation
• Developed and advocated for New York State Department of Environmental Conservation (“NYSDEC”) legislative positions sponsored by the Governor; major amendments to pesticide and mineral resources regulatory statutes; the establishment of the Olympic Regional Development Authority; and the New York Conservation Easements Law
• For NYSDEC, developed strategy and supervised litigation resulting in precedent-setting decisions in New York Court of Appeals [CSMA v. Jorling] and U.S. Court of Appeals for the 2nd Circuit [New York State Pesticide Coalition v. Jorling] upholding state regulatory authority over pesticides
• Counseled NYSDEC pesticide program on aquatic permit requirements; represented Department in 25-day, multi-party hearing concerning proposed herbicide application to Lake George

Client Advisories

• Federal Court Rules that Dairy Farm’s Mismanagement of Cow Manure Violates Resource Conservation and Recovery Act
• Rail Shipping of Crude Oil Continues to Generate Controversy and Regulatory Attention
• Significant Impacts of Major Accidents of Crude Oil Rail Shipments Prompt Broad International Public and Regulatory Attention on Safety
• The Supreme Court of the United States Will Consider Application of CERCLA Limitations Period to State Tort Law Claims
• Federal Appeals Court Muddies the Waters: Finds that EPA has the Last Word on Disposal Site Selection Even After Army Corps’ Issuance of a Section 404 Permit
• Supreme Court Accepts Case Regarding the Reach of Monsanto’s Intellectual Property Rights to Second Generation Seeds
• Pets, Pesticides and Drugs: The Federal Trade Commission Focuses on Companion Pet Pharmaceutical Distribution Issues
News & Publications

• Bees Getting Stung: Law and Science Uncertain, Food At Risk, Law360 (July 17, 2015)
• Chinese Pesticide Firms Aim to Grow US Market Share, People’s Daily Online, Quoted (August 16, 2013)
• China Has Big Aspirations for American Pesticide Market, International Business Times, Quoted (August 2, 2013)
• S&W Attorneys Named 2013 Washington, D.C. Super Lawyers, The Washington Post Magazine (April 28, 2013)
• Hydrofracking Fight Drills Toward the End, New York Press (July 12, 2012)
• Sullivan & Worcester LLP Bolsters Environment, Energy & Natural Resources and International Groups with Addition of Premier Pesticide Law Group, S&W Press Release (April 18, 2012)
• “Welcome to America,” AGROW Magazine, Publisher Informa, London, U.K. (April 2008)
• “US — Land of Opportunity?” AGROW Magazine, Publisher Informa, London, U.K. (January 2007)
• “Developing First Amendment Protections for Pesticide Brand Names, Label Statements and Product Claims,” Pesticides, Chemical Regulation and Right to Know Committee Newsletter, American Bar Association Section on the Environment, Energy and Natural Resources (November 2002)
• “New York’s Pesticide Use Reporting System Bedevils Proponents and Opponents Alike,” Environmental Law in New York, Albany, NY: Matthew Bender, Vol. 8, No. 12, New York Environmental Law Series, Rochester, NY: Lawyers Cooperative Publishing (December 1997)
• Editorial Board Member and author of multiple chapters on the regulation of pesticides, The Treatise on New York Environmental Law: Pesticides [Chapter 4.621] New York State Bar Association
• Pesticides, Chapter 31 in The New York Environmental Law Series, Lawyers Cooperative Publishing, Rochester, NY (1995)

Seminars & Presentations

• China’s Environmental Regulations and Industrial Responses: What is Really Happening and What it Means for U.S. Companies, International Trade Administration (ITA), Washington, DC (July 15, 2014)
• Evaluating Hydraulic Fracturing from a ‘Tools of Government’ Perspective, Johns Hopkins University Bloomberg School of Public Health (April 8, 2013)
• “Understanding U.S. Pesticide Regulation and Data Compensation,” presented at Agrochemical Formulation USA, Raleigh, NC, Presented by Informa, U.K. (October 2011)
• “Business Opportunities for Chinese Pesticide Producers in the U.S. Market,” presented at AgroChemex 2010, Shanghai, PRC, Presented by CCPIA, Beijing, PRC (October 2010)

Bar & Court Admissions

• District of Columbia, 2008
• Maryland, 2001
• New York, 1979
• U.S. Supreme Court
• U.S. Court of Appeals for the 2nd Circuit
• U.S. District Court for the Northern District of New York

Education

• J.D., Boston University School of Law, 1974
• B.A., Muhlenberg College, 1968

Awards & Honors

• Washington, D.C. Super Lawyers (2013) [Sullivan & Worcester Environment and Natural Resources Practice Group]

Professional & Civic Activities

• Member, Executive Committee, Environmental Section, New York State Bar Association, Co-Chair of the Pesticides Committee
• Member, Pesticides, Toxics and Right to Know Committee, ABA Environment, Energy and Natural Resources Section, American Bar Association
• Member, Cannabis Law Committee, Representing the Environmental and Energy Section, New York State Bar Association