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.
Latest Federal Procurement Proposed Rule Turns Up Heat on Federal Contractors and Suppliers by Requiring Greenhouse Gas Emission and Climate-Related Reporting
Francis E. Purcell, Jr., Jessica V. Haire, Tanya C. Nesbitt, Mona Adabi
On November 14, 2022, the Department of Defense, National Aeronautics and Space Administration, and General Services Administration issued a proposed rule entitled, “Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk” (hereafter, the “Proposed Rule”), requiring contractors who receive at least $7.5 million in annual contracts (“Significant Contractors”) to disclose greenhouse gas (“GHG”) emissions in the System for Award Management (“SAM”). Additionally, the Proposed Rule requires contractors who received at least $50 million in total federal contract obligations in the prior fiscal year (“Major Contractors”) to file annual disclosures for GHG emissions and to set science-based emissions reduction targets for public view on the companies’ websites. Continue reading.
Legal Challenges to Just-Published WOTUS Rule Begin
Tanya C. Nesbitt, Tasha Nicole Miracle
On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) published a final rule (2022 Rule) establishing a revised definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA) in the Federal Register. As we previously reported, the 2022 Rule resets the regulatory landscape to mirror the pre-2015 definition of the term (commonly referred to as “the 1986 regulations”) and includes protection for traditional navigable waters, the territorial seas, interstate waters and upstream waters that “significantly affect” waters typically viewed as within federal jurisdiction under the Commerce Clause. Read more.
GAO Audit: AD/CVD Process Ensures Petitions Are Not Meritless, Inaccurate, Incomplete or Filed to Obstruct Domestic Market Competition
David M. Schwartz, Michelle Li, Kerem Bilge
On January 9, 2023, the U.S. Government Accountability Office (“GAO”) publicly released a performance audit scrutinizing the “process design” for the imposition of antidumping and/or countervailing duty (“AD/CVD”) tariffs jointly administered by the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“USITC”). The audit addressed concerns from critics claiming that domestic industries “may sometimes file petitions without merit to obstruct domestic market competition.” Continue reading.
Employment Legislation Outlook
Megan S. Glowacki, Hannah E. Caldwell
Thompson Hine’s monthly digest is designed to keep you apprised of upcoming major state employment 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.
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.