Karen Ellis Carr

Karen represents agriculture and food companies and industry groups in regulatory matters and litigation involving agricultural technology, biotechnology, food, pesticides, other chemical substances and environmental law. She leads ArentFox Schiff’s Agriculture & AgTech industry group. Much of her work concerns products regulated by the US Department of Agriculture (USDA), Environmental Protection Agency (EPA) and Food and Drug Administration (FDA). She advises on paths to commercialization for new products and technologies, as well as the regulatory questions and disputes that can arise after products enter the market.

Her counseling spans advertising and labeling, testing and reporting obligations, and disputes over data use and compensation. Karen also handles litigation concerning product approvals and agency rulemaking. Her experience includes the Plant Protection Act; the National Bioengineered Food Disclosure Standard, National Organic Program and other USDA-administered food labeling programs; the Federal Insecticide, Fungicide, and Rodenticide Act; the Toxic Substances Control Act; the National Environmental Policy Act; the Endangered Species Act; the Federal Food, Drug, and Cosmetic Act; and the Administrative Procedure Act.

Alongside her work for individual companies, Karen serves as outside general counsel to industry associations and coalitions. In that capacity, she advises on regulatory strategy, policy and federal and state legislative issues, and represents groups in litigation as parties or amici. She also assists clients with enforcement and other regulatory matters at the state and federal levels.

Karen has served as first and second chair in litigation before state and federal trial and appellate courts across the country, as well as in arbitration and mediation. Her experience extends from pre-litigation strategy and counseling through settlement negotiations and appeals. In corporate transactions, she assists with risk assessments and due diligence reviews of agricultural technology companies involved in mergers, acquisitions and other transactions.

Karen’s representative litigation matters include:

• Representing trade associations in defending USDA’s revised rule governing genetically engineered organisms.  National Family Farm Coalition v. USDA, 758 F.Supp.3d 1060 (N.D. Cal., 2024)
• Representing industry trade association and agricultural grower groups in challenges to EPA’s framework for the regulation of treated seeds. Center for Food Safety v. EPA, 757 F.Supp.3d 997 (N.D. Cal., 2025); Anderson v. EPA, 2016 WL 6834215 (N.D. Cal., Nov. 21, 2016)
• Representing an industry coalition defending in litigation USDA’s authority to certify organic growers who use hydroponic and other container growing methods to produce agricultural products. Center for Food Safety v. Perdue – F.Supp.3d –- 2021 WL 1220949 (N.D. Cal., March 19, 2021)
• Representing a biotechnology developer in a federal court challenge to FDA’s first approval of a genetically engineered animal for food use. Institute for Fisheries Resources v. Hahn, 424 F.Supp.3d 740 (N.D. Cal. 2019); 499 F.Supp.3d 657 2020 (N.D. Cal. Nov. 5, 2020)
• Representing crop protection developers and industry trade associations in challenges to EPA’s approval of agricultural herbicides (various federal District and Circuit courts, some ongoing)
• Representing a biotechnology company defending permits granted by USDA under the Plant Protection Act, NEPA, and Endangered Species Act. Center for Biological Diversity v. APHIS, 2011 WL 4737405 (S.D. Fla., Oct. 6, 2011)
• Representing crop protection developers in data compensation arbitrations under FIFRA
• Representing industry trade association as amicus/intervenor in biotechnology-related NEPA lawsuits, including challenges to USDA’s approval of crops produced using biotechnology (D.D.C.)

Representative regulatory matters include:

• Assisting companies in obtaining approvals for new, genetically engineered varieties of plants, animals, and microbes from USDA, FDA, and EPA
• Serving as outside counsel to biotechnology, seed, crop protection, controlled environment agriculture, and farmland industry associations
• Representing an industry coalition successfully seeking passage of a uniform federal disclosure standard for bioengineered foods and in associated rulemaking proceedings
• Providing pre-litigation strategy and counseling for agricultural products companies on matters relating to biotechnology

• University of Oregon School of Law, JD, 2005
• University of North Carolina at Chapel Hill, BA, 2000

• District of Columbia Bar
• Virginia Bar

• US District Court, District of Maryland
• US District Court, Eastern District of Virginia
• US District Court, Western District of Virginia
• US District Court, District of Columbia
• US Court of Appeals, 4th Circuit
• US Court of Appeals, 5th Circuit
• US Court of Appeals, 9th Circuit
• US Court of Appeals, District of Columbia Circuit

Karen was recognized by Chambers Global 2026 as a Global Market Leader in Agribusiness. She has been recognized as one of the nation’s leading Food & Beverages: Regulatory & Litigation lawyers by Chambers USA since 2023. In addition, she was recognized by The Best Lawyers in America 2025, 2026 and 2027 in FDA Law and has been recognized by Super Lawyers as a “Rising Star” in the Complex Litigation category. 

Karen is a member of the Farm Foundation Board of Directors and is a Round Table Fellow. She is also on the Board of Directors for Legal Counsel for the Elderly, a DC-based legal services provider.

At ArentFox Schiff, in addition to leading the Food, Drug, Medical Device & Cosmetic practice and Agriculture & AgTech industry group, Karen serves on the firm’s Strategic Advisory Committee and is active in the firm’s Women’s Initiative.

Karen routinely speaks on AgTech topics. Her speaking engagements include:

• “Agricultural Data Rights: A New State Law Landscape,” National Agricultural Law Center Webinar; October 21, 2026 (virtual)
• “Research and Innovation: Accelerating the Path from Discovery to Impact,” Council for Agricultural Science and Technology Webinar; October 7, 2026 (virtual)
• Panelist, Modern Agriculture Caucus Biosolutions in Agriculture Panel, February 10, 2026 (Washington, DC)
• Presenter, Plant Agriculture & Pesticide Regulations Policy Committee Meeting, 2026 NASDA Winter Policy Conference; February 3, 2026 (Washington, DC)
• Panelist, 2025 CERSA Genome-Edited Microbial Workshop; September 24, 2025 (Raleigh, NC)
• “Science and Policy: The Battle Shaping Ag Biotechnology,” The International Fresh Produce Association (IFPA) Fresh Takes on Tech podcast; June 17, 2025 (virtual)
• “Navigating Regulatory Changes in Seed Treatment,” CropLife America & RISE Regulatory Conference; April 24, 2025 (Arlington, VA)
• Moderator, “Fireside Chat – Policy,” AgBio 2025: Innovating Agricultural Resilience; April 9, 2025 (Research Triangle Park, NC)