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Brandon Neuschafer practices primarily in the fields of environmental, food and agriculture law, including regulatory compliance, transactional counseling and litigation.

Mr. Neuschafer has done significant work relating to agriculture, food and biotechnology issues, and is a founding member and co-chair of Bryan Cave’s Food and Beverage Team. He advises clients at all levels of food production and manufacturing, from agricultural operations to restaurants, and has experience working with regulatory agencies such as FDA and USDA. His work includes counseling clients on issues impacting ingredients, packaging, storage, facility registration, labeling, advertising, adulteration and recall. He has also assisted companies with respect to facility registrations and preparing for and responding to government inquiries and inspections. Examples of recent efforts include working with clients to understand, interpret and incorporate into their operations FDA rules designed to implement the Food Safety Modernization Act and rules regarding menu labeling, and advising clients with respect to food labeling and advertising issues such as the use of "natural" and similar claims and compliance with California’s Prop 65 requirements. Mr. Neuschafer also regularly advises pesticide, fertilizer and agricultural chemical manufacturers and marketers on regulatory compliance and transactional issues, and has advised foreign governments on domestic and foreign agricultural issues impacting free trade agreement negotiations with the United States. He blogs about food and beverage law and policy issues at Digest, Bryan Cave’s Food and Beverage Law Blog found at http://bryancavedigest.com.

From an environmental perspective, Mr. Neuschafer regularly advises clients on regulatory and permitting issues under the Clean Air Act, Clean Water Act, RCRA, TSCA, FIFRA, OSHA and other federal and state environmental, health and safety laws. He has particularly deep experience in the field of chemical and pesticide regulation, which includes advising clients on all aspects of the manufacturing, sale, import, export, handling and disposal of both conventional and bio-based chemicals and pesticides. He also frequently assists clients in responding to and defending enforcement actions, investigations and information requests asserted by EPA, OSHA, FAA, DOT and various state agencies.

Mr. Neuschafer has a robust practice relating to commercial transactions. He frequently handles the environmental, food/agricultural and product regulatory aspects of transactions, including the management and analysis of due diligence and the negotiation of terms for contracts such as purchase and sale agreements, merger agreements, supply agreements, data compensation agreements, data sharing and development agreements, joint venture/task force agreements, recycling and reuse agreements, research and development collaborations and shared services agreements.

Mr. Neuschafer’s litigation practice includes successfully representing clients in a number of insurance recovery actions based on underlying environmental contamination, as well as representing companies with respect to CERCLA claims, RCRA claims and the failure of pollution control equipment. He also worked on the legal and environmental consultant team that represented the State of Kuwait and Kingdom of Saudi Arabia before the United Nations Compensation Commission on their claims for environmental and natural resource damages arising from Iraq’s unlawful invasion and occupation in 1990-91, an effort which yielded more than $4.7 billion in compensation awards.

Civic Involvement & Honors

    • Rising Star, Missouri/Kansas Super Lawyers, 2011-2016
    • Missouri Up & Coming Lawyers, 2010
    • Chambers USA, Environment, 2017
    • Board Member, Central Institute for the Deaf, St. Louis, Missouri
    • Chambers USA, Environment, 2017
    • Board Member, Central Institute for the Deaf, St. Louis, Missouri
    • Board Member, Central Institute for the Deaf, St. Louis, Missouri
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Professional Affiliations

    • American Bar Association
    • Missouri Bar Association
    • Bar Association of Metropolitan St. Louis
    • Missouri Bar Association
    • Bar Association of Metropolitan St. Louis
    • Bar Association of Metropolitan St. Louis
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Publications

  • "What do the new FSMA preventive controls rules actually mean?," Refrigerated & Frozen Foods (2015)
  • "Are You Ready for FSMA?," ePerspective (2015)
  • "Will FDA’s New Food Import Programs Make Food Safer?," Food Safety News (2015)
  • “Contractual Liability” in “Environmental Transactions and Brownfields 2012 Annual Report,” American Bar Association Section on Environment, Energy, and Resources: The Year in Review 2013 (2014)
  • “Recent Developments in Food Labeling,” Inside the Minds: Recent Developments in Food and Drug Law, 2014 ed. (2013)
  • “Contractual Liability” in “Environmental Transactions and Brownfields 2012 Annual Report,” American Bar Association Section on Environment, Energy, and Resources: The Year in Review 2012 (2013)
  • Regular Contributor on Region 7 Air Issues, Air Quality Committee Newsletter published by the American Bar Associate Section on Environment, Energy and Resources
  • “The Accord: A Private Contractual Mechanism for the Transition of Proprietary Biotechnology Events to a Generic Marketplace,” 2012 (co-author)
  • “Expanding Regulation of Pesticide Applications under the Clean Water Act,” Natural Resources & Environment, Vol. 26, No. 1, Summer 2011
  • “Update on NPDES Permit Requirement for Pesticide Applications,” American Bar Association Pesticides, Chemical Regulation and Right-to-Know Committee Newsletter, Vol. 12, No. 3, July 2011
  • “The Role of Biotechnology in Sustainable Agriculture,” American Bar Association Agricultural Management Committee Newsletter, Vol. 15, No. 2, May 2011
  • “When All Appropriate Inquiry Isn’t Enough: Court Highlights the Significance of Other Factors in the Bona Fide Prospective Purchaser Defense,” Jan. 2011, reprinted in MONDAQ, Mar. 10, 2011, and Shopping Center Legal Update, Spring 2011
  • Author and Editor, Bryan Cave LLP’s Chemical and Pesticide News, Summer 2010 to 2013
  • “Member Profile: Interview with Brandon Neuschafer,” jointly published in American Bar Association International
  • Environmental Law Committee Newsletter and American Bar Association Agriculture Management Committee Newsletter, Vol. 10, No. 2, Jan. 2008
  • “U.S. Biotech Food-Feed Import Inspection Process and Regulatory Transparency,” jointly published in American Bar Association International Environmental Law Committee Newsletter and American Bar Association Agriculture Management Committee Newsletter, Vol. 10, No. 2, Jan. 2008 (co-author)
  • “Air Pollution,” Missouri Environmental Law Deskbook, 2007 revision (co-author)
  • Rapanos and Carabell Create Case-by-Case Approach to Clean Water Act Jurisdiction,” American Bar Association Environmental Litigation and Toxic Torts Committee Newsletter, Vol. 9, No. 1, Sept. 2006
  • “Emerging Biotechnology Issues,” Missouri Farm Law Deskbook, 2006 revision (co-author)
  • In re Needham: Restoring ‘Navigability’ to Waters of the United States,” The St. Louis Bar Journal, Vol. 51, No. 1, Summer 2004 (co-author)
  • “Air Pollution,” Missouri Environmental Law Deskbook, 2002 revision (co-author)

Speaking Engagements

  • “Five Months In: The State of the Environment Under President Trump,” North Shore General Counsel’s Association, June 2017
  • “A TSCA Primer,” December 2016
  • Presenter, “From Laboratory to Farm: Bringing AgBiotech Companies from R&D to Commercialization,” AgriThority Exceed the Seed Conference, December 2016
  • Moderator, “Special Content Session: From Laboratory to Farm, Transforming a Biological Company from R&D to Commercialization,” AgInnovation Showcase, 2016
  • "EPA’s Proposed Changes to the Audit Disclosure Policy," September 2015
  • The Food Safety Modernization Act’s Impact on Small Business and Producers,” AgriMissouri Conference, July 2013
  • “Use of RCRA Citizen Suits to Address Vapor Intrusion,” Chemical Industry Council of Illinois RCRA Hot Topics Seminar, January 2013
  • “Recent Developments in the Bona Fide Prospective Purchaser Defense,” May 2012
  • “Global Chemical Regulatory Trends,” November 2011
  • “An Overview of Environmental Liability for Lenders,” June 2011 and November 2013 (co-presenter)
  • “Recent Developments in TSCA: Inventory Update Reporting and Confidential Business Information,” May 2011
  • “Legal Issues Regarding the Advertising and Promotion of Pesticide Products,” 2008 and 2010
  • “Implications and Actions regarding National Cotton Council v. EPA,” March 2009
  • “US and Global Food, Drug, Device and Agribusiness Regulation:  A Look at the Present and the Future,” February 2009 (co-presenter)
  • “Attorney-Client Privilege for Non-Lawyer Employees,” 2009