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Legal Updates

Chemical Industry Regulatory Update – January 2024

A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP

The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.

Future of Existing Chemical Regulations under TSCA

Thursday, January 25 | 10:00 – 11:00 a.m. ET

Learn about actions EPA has already taken, policies it is implementing and seeks to change, and what your company can expect in 2024 and beyond! This Administration has had a frenzy releasing several proposed rules that, for the first time, show how it plans to regulate chemicals under TSCA that are found to “present an unreasonable risk.” EPA has released a number of proposals for chemicals (to be finalized in 2024) that are directly used in the adhesive and sealants industry.

In this webinar, you will learn about actions EPA has already taken, policies it is implementing and seeks to change, and what you can expect in the next few years.

You’ll also learn about opportunities to weigh in on EPA’s risk management approach, how the adhesives industry can better support design engineers working with adhesives as they share methods for characterizing the mechanical behavior of adhesive materials and adhesive joints to best take advantage of FEA. Click here to register.

PFAS Year in Review: EPA Issues Second PFAS Strategic Roadmap Progress Report

Joel D. Eagle

In December 2023, the United States Environmental Protection Agency (EPA) released its PFAS Strategic Roadmap: Second Annual Progress Report (PFAS Progress Report), touting the extensive actions it took during the year to address per- and poly-fluoroalkyl substances (PFAS) in the environment, chemicals and products. EPA first issued its PFAS Strategic Roadmap in 2021 and has now issued two annual reports summarizing the progress it has made in furtherance of its “whole-of-government” approach to addressing PFAS. The PFAS Strategic Roadmap covers EPA’s “three R’s” approach to PFAS – Restrict, Remediate and Research. The PFAS Progress Report highlights the fact that EPA considers addressing PFAS and the agency’s goals of advancing Environmental Justice (EJ) to be closely linked, and its use of billions of dollars of federal funding toward achieving those ends. In 2023, EPA also signaled a clear focus on PFAS enforcement by listing “addressing exposure to PFAS” as one of the six National Enforcement and Compliance Initiatives” for fiscal years 2024-2027. Continue reading.

10 Issues To Watch As ESG Remains Alive And Well In 2024

Heidi B. (Goldstein) Friedman, Thompson Hine partner and co-chair of the firm’s ESG practice, recently authored an article titled "10 Issues To Watch As ESG Remains Alive And Well In 2024," which was featured in Law360.

With all of the legislation being enacted against environmental, social and corporate governance factors, as well the increase in greenwashing, diversity, environmental justice and shareholder litigation, companies have been asking whether ESG is still a driving force for business. The answer is a resounding yes. Read more.

European Union Reaches Provisional Agreement on AI Legislation

Julie D. Honor, David R. Jaglowski

On Friday, December 8, 2023, the European Union reached a provisional agreement on legislation relating to artificial intelligence (AI), including generative AI, under the Artificial Intelligence Act (the EU AI Act). While this is a critical step in the EU AI Act becoming law, additional work, including finalizing the technical details of the new regulation, will continue. Once finalized, the entire text will need to be confirmed by the EU legislative bodies and formally adopted as law. Companies will then have two years to comply after it is entered into force (with some exceptions for specific provisions). Read more.

Federal Corporate Transparency Act Takes Effect January 1; Some States Following Suit

Frank D. Chaiken, Mark A. Conway, Jennifer L. Maffett-Nickelman, Jennifer S. Roach, Ashley A. Weyenberg, Amy G. McClurg, Shelbie Harvey and Alan Weeter

On September 30, 2022, the Financial Crimes Enforcement Network of the Department of the Treasury (FinCEN) finalized regulations to implement the Corporate Transparency Act (CTA), originally passed under the 2021 National Defense Authorization Act. The regulations will be effective starting January 1, 2024.

The CTA requires a “reporting company” to file reports with FinCEN that provide certain information concerning the company, the “beneficial owners” of the company (which, as explained below, includes persons who are not legal or beneficial owners, e.g., C-suite executives and others), and, in some cases, the “company applicant.” This sounds rather straightforward, but unfortunately, there are many technical grey areas and, in most cases, little clarity. Continue reading.

Check out the latest Employment Legislation Outlook. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.

Looking for Adhesive & Sealant Training?

ASC’s Training Academy Certificate Program offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.

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