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.
USEPA Finally Approves ASTM 1527-21
On December 15, 2022, U.S. Environmental Protection Agency (USEPA) published a final rule approving the American Society for Testing and Materials (ASTM) 1527-21 Standard Practice for conducting Phase I environmental site assessments (ESAs). The rule takes effect February 13, 2023 (60 days after the final rule was published). 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. Read more.
ESG: An Intensifying Focus
Thompson Hine’s ESG Collaborative group recently released its second informal survey of clients and friends of the firm regarding ESG practices. The survey, entitled “ESG An Intensifying Focus,” explores companies’ (public and private) implementation of ESG practices and programs, short- and long-term needs and challenges, delegation of ESG oversight responsibility and use of ESG metrics. Read the survey here.
FTC Gearing Up for Potential Crackdown on False Environmental Benefit Claims
For the first time in 10 years, the FTC will be updating its Guides for the Use of Environmental Marketing Claims (“Green Guides”). On December 20, it published a notice requesting public comment on revisions to the Green Guides (Notice), which seeks feedback on general issues relating to the Green Guides’ efficacy in decreasing the prevalence of false environmental benefit claims and the associated burdens compliance places on small businesses. The Notice also seeks comment on specific environmental benefit claims like carbon offsets, degradability, recyclability, and sustainability. Since the Green Guides were last updated in 2012, there has been a sea change in consumer perceptions regarding climate change and the environment. Revisions to the Green Guides are desperately needed to keep pace with current science, consumer expectations, and marketing campaigns. The public comment period is now
open and will close on February 21, 2023. Continue reading.
FTC Proposes Noncompete Ban
Nancy M. Barnes, Deborah S. Brenneman, Mark R. Butscha, Jr., Caitlin R. Thomas, Thomas F. Zych
More than a year and a half after President Biden directed the Federal Trade Commission (FTC) to consider rulemaking with regard to noncompetition agreements, the agency has taken bold action, announcing on January 5 that it is proposing a new rule that would ban employers from using such agreements with employees. Read more.
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.
Environmental L.A.W.S. Podcast –Breaking Down ESG: What You Need To Know Now
Check out our latest L.A.W.S. podcast. Heidi Friedman is joined by fellow Thompson Hine Environmental group partner Joel Eagle to discuss recent ESG developments and provide some best practices and practical tips for how companies large and small can begin or continue to tackle ESG objectives and increasing regulatory requirements. Click here to listen.
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.