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.
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Environmental L.A.W.S. - PFAS and Brownfields: The Legal Perspective
As per- and polyfluoroalkyl substances (PFAS) continue to dominate legal and scientific headlines across the country, more attention is focused on the diligence process performed before buying, selling or redeveloping contaminated properties. U.S. EPA recently published some frequently asked questions (FAQ) on the impact of its designation of two PFAS compounds, PFOA and PFOS, as CERCLA hazardous substances on Brownfield grant funding and liability protection.
In this episode of Environmental L.A.W.S., Joel Eagle and Heather Richardson speak with Tom Simmons, Dan Titus and Mark Wright of HRP Associates about the EPA Brownfields FAQ and other PFAS issues. Listen in.
Ninth Circuit Clarifies Standing Requirements for Absent Class Members
In the important 2021 standing decision TransUnion LLC v. Ramirez, the U.S. Supreme Court instructed that every member of a class certified under Federal Rule of Civil Procedure 23(b)(3) “must have standing in order to recover individual damages.” 594 U.S. at 431. Since Ramirez, courts have confronted several issues arising from the intersection of Article III’s standing requirements and the procedural requirements of Rule 23. The Ninth Circuit addressed one such issue in Healy v. Milliman, Inc., ___ F.4th ___, 2026 U.S. App. LEXIS 554 (9th Cir. Jan. 9, 2026): Must absent class members demonstrate standing at summary judgment or only upon submitting a claim for money damages after a judgment or settlement? The Ninth Circuit held that absent class members must demonstrate standing at the summary judgment stage. This holding creates a potentially useful tool for class action defendants, but the court’s emphasis on the fairly liberal standard for creating a genuine issue of material fact at summary judgment means the practical consequences of the decision may not be significant. Continue reading.
Government Increases Compliance Obligations for Contractors Providing or Using AI and AI Companies
Recent federal government actions regarding contractor offering and use of artificial intelligence (AI) products raise significant issues for government contractors and AI companies. As widely reported, the Department of Defense (DOD) designated AI company Anthropic as a supply chain risk because it refused to agree to the government’s demands regarding the scope of its use of Anthropic’s AI product. President Trump subsequently issued an order barring federal agencies from using Anthropic’s technology. Separately, the General Services Administration (GSA) has issued a draft contract clause governing how contractors offer and use AI technology in the performance of GSA contracts. Taken together, these actions reflect tighter government control over AI products offered to government customers as well as contractor use of AI technology in the performance of government contracts. Read more.
SBIC Program Rule Changes Usher in Modernization, Alignment, and a Faster Path to Licensing
On February 2, 2026, the U.S. Small Business Administration (SBA) finalized rules revising regulations for the Small Business Investment Company (SBIC) program. The amendments are best understood as a targeted modernization and clean-up of obsolete programs and provisions. As part of these updates, the SBA eliminated provisions tied to legacy SBIC structures, clarified how certain investments fit within the program’s eligibility framework, and streamlined aspects of the licensing process while maintaining SBA’s supervisory and diligence standards. Explore further.
Undoing the Climate Endangerment Finding: Implications for Industry, Regulation and Litigation
On February 12, the Trump administration finalized what it described as the largest deregulatory action in U.S. history: rescinding the Environmental Protection Agency’s (EPA) 2009 Greenhouse Gas Endangerment Finding (Endangerment Finding) and the corresponding vehicle greenhouse gas (GHG) standards. The announcement marked the culmination of a process that began on day one of the president’s second term when he issued Executive Order No. 14154 – Unleashing American Energy (Jan. 20, 2025), which directed EPA to submit a recommendation on the continuing applicability of the Endangerment Finding.
This action carries immediate consequences for regulated industries, public health, state regulators, litigators and corporate sustainability officers alike. Thompson Hine is actively monitoring ongoing legal challenges and advising clients across sectors on how to respond. Keep reading.
Hallucinations and Integrations: Generative AI Challenges in M&A
In M&A, clients are increasingly asking about how Generative AI (“GenAI”) can be used to make dealmaking easier, both as a means of analyzing the operations of target businesses and to optimize the deal process. As with any fast-developing technology, GenAI risks go beyond traditional IP and cybersecurity, affecting how we conduct diligence, negotiate terms, and plan deal timelines. Below are a few of the more critical near-term challenges GenAI presents to M&A practitioners, as well as some protective considerations. Learn more.
Avoiding Tripwires: A Practical Playbook for Delaware Director Removal
One of a director’s primary responsibilities is providing oversight of management and ensuring officers act in a manner consistent with their fiduciary duties. But what about when a fellow director fails to meet that same standard? Or, worse yet, actively seeks to harm the same company they oversee as a director?
When interim governance measures fail, options for the other directors are more limited than one might assume. Generally speaking, stockholders—and stockholders alone—hold the power to remove rogue directors. But that doesn’t mean the board has no role to play. An overview of Delaware law serves as a helpful reminder of what can (or cannot) be done in these situations. And a recent Delaware case overturning a director’s removal provides some helpful guidance on pitfalls to avoid. Continue reading.
Trump Accounts: Opportunities and Considerations for Employers, Financial Institutions, and Philanthropic Organizations
Trump Accounts are tax-advantaged investment accounts for U.S. children under age 18. Eligible children born after 2024 and before 2029 are eligible for a $1,000 pilot program contribution from the Department of the Treasury. Older eligible children are not eligible for the pilot program contribution but otherwise are eligible to have Trump Accounts established for them to which employer and other contributions may be made. Contributions may begin July 4, 2026. Initial guidance has been published, and additional guidance is expected before contributions may be first made. Learn more.
From Affirmative Action to False Claims: Federal Contractors Face Another New DEI Prohibition
The White House has placed diversity, equity, and inclusion (“DEI”) compliance at the forefront of procurement enforcement. A March 26, 2026, executive order, Addressing DEI Discrimination by Federal Contractors (“Order”), embeds a mandatory clause in all covered contracts and subcontracts within 30 days of the Order, prohibiting “racially discriminatory DEI activities” and backs it with termination, suspension, debarment, and express False Claims Act (“FCA”) liability. The clock is ticking, and contractors should be preparing now. Explore further.
Business Law Update – Spring 2026
Read Business Law Update to stay up to date on legal issues that impact public and private companies on a local, national and global basis. Articles in this issue include Mergers & Acquisitions, Corporate Governance, New Ventures and Employee Benefits. Explore further.
CIT Judge Further Amends IEEPA Order, Noting Protests for Liquidated Entries
On March 20, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (CIT) issued another Order in Atmus Filtration Inc. vs. United States regarding refunds of duties paid under the International Emergency Economic Powers Act (IEEPA). In summarizing the CIT’s March 19, 2026 closed conference with plaintiff and government legal counsel, the judge noted that, “[c]onsidering that no resolution was reached with respect to the reliquidation of entries for which liquidation has become final, importers should be aware of the remedies available under 19 U.S.C. § 1514” (which is the legal process for importers to formally protest decisions made by U.S. Customs and Border Protection (CBP) regarding imported merchandise). Continue reading.
USTR Releases President Trump’s 2026 Trade Policy Agenda and 2025 Annual Report
On March 2, 2026, the Office of the U.S. Trade Representative (USTR) delivered President Donald Trump’s 2026 Trade Policy Agenda and 2025 Annual Report to Congress. This year’s trade agenda seeks to promote U.S. interests abroad and reduce trade deficits by pursuing trade deals with other countries and strengthening domestic manufacturing. Learn more.
USTR Initiates Section 301 Investigations into the Acts, Policies & Practices of Certain Economies Relating to Structural Excess Capacity and Production in Manufacturing Sector
On March 11, 2026, the Office of the U.S. Trade Representative (USTR) initiated investigations into the Acts, Policies, and Practices of Certain Economies Relating to Structural Excess Capacity and Production in Manufacturing Sectors under Section 301 of the Trade Act of 1974. This announcement had been expected since the Supreme Court of the United States invalidated President Donald Trump’s authority to implement IEEPA tariffs and the USTR indicated it would initiate Section 301 investigations to alternatively “address many of the issues at the heart of the President’s reciprocal tariff program.” See Thompson Hine Update of February 23, 2026. The investigations will determine whether the actions of the following countries are unreasonable or discriminatory and burden or restrict U.S. commerce: China, the European Union (EU), Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan, and India. Learn more.
Employment Legislation Outlook
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.
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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.