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.
Forthcoming Federal Procurement Revisions Focus on Achieving Environmental Goals
Francis E. Purcell, Jr., Jurgita Ashley, Heidi B. (Goldstein) Friedman, Mona Adabi, Ryan S. Spiegel, Tom Mason, Joseph R. Berger
As companies increasingly consider the impact of environmental, social and governance (ESG) standards on their operations, recent federal government actions emphasize the need for federal contractors to focus on ESG considerations that may affect contract performance. The Biden administration has issued several executive orders addressing ESG issues relevant to federal procurement, and current administrative actions are under way to amend the Federal Acquisition Regulation (FAR) to implement key provisions of two of those executive orders. Although regulations concerning ESG requirements have not yet been issued, contractors should be mindful of these forthcoming regulations and consider their potential effect on their operations. Read more.
USEPA Withdraws Approval of ASTM 1527-21 Phase I Standard
Heather A. (Austin) Richardson
Based on adverse public comments submitted to the U.S. Environmental Protection Agency (USEPA), on May 2, 2022, USEPA withdrew its approval of the 2021 ASTM standard for conducting Phase I environmental site assessments (ESAs). The Phase I ASTM standard is crucial to many property transactions, as it facilitates the applicability of USEPA’s all appropriate inquiries (AAI) rule, which, when followed, provides certain innocent purchaser or lessee defenses from Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) liability. Continue reading.
DOJ Unveils Comprehensive EJ Strategy and Revives SEPs
Joel D. Eagle, Tasha Nicole Miracle
In May 2022 the Department of Justice (DOJ) issued multiple actions aimed at aligning its environmental justice (EJ) efforts with President Biden’s 2021 Executive Order, “Tackling the Climate Crisis at Home and Abroad.” It issued a “Comprehensive Environmental Justice Enforcement Strategy” and created a new Office of Environmental Justice within the agency. DOJ also issued an interim final rule titled “Guidelines and Limitations for Settlement Agreements Involving Payments to Non-Governmental Third Parties” (effective immediately) to reinstate the use of supplemental environmental projects (SEPs) for DOJ settlements and simultaneously issued a memorandum of the same name with new guidelines for the use of SEPs. Read more.
Employment Legislative Outlook
Megan S. Glowacki, Hannah E. Caldwell
With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution. 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. Read more.
Deciphering the New Group Health Plan Requirements Under the CAA – June 22, 2022
The Consolidated Appropriations Act (CAA) created several new compliance requirements for group health plans, and plan sponsors will be relying heavily on their third-party administrators or insurers for assistance. Our lunchtime webinar series features members of our Employee Benefits & Executive Compensation team who will help employers understand the new requirements and how to partner with plan service providers on several different aspects of the CAA. Join us for Session 4 of this webinar series. Learn more and register here.
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FOR MORE INFORMATION
For more information, contact the editor, William J. Hubbard, or any of the authors.
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.