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.
September Adhesive & Sealant Sustainability Summit
The industry’s ONLY sustainability-focused summit advances the discussion of sustainability in our industry with a program designed to provide maximum knowledge sharing, networking and collaboration on sustainability strategies for the industry and your company. ASC’s Adhesive & Sealant Sustainability Summit (September 20-24 in Cleveland, OH) final program is available online. Reserve your hotel rooms by August 29th to receive the group rate of $199 (single/double).
DOL Guidance Looks to Boost PEPs, Signals Potential PEP Fiduciary Safe Harbor
The Department of Labor’s (“DOL”) Employee Benefits Security Administration recently issued Pooled Employer Plans: Big Plans for Small Businesses, which contains interpretive guidance that seeks to encourage the establishment and adoption of pooled employer plans (“PEPs”) by demonstrating how DOL currently believes that PEPs can minimize employers’ fiduciary risks. The guidance is accompanied by a request for information (“RFI”) soliciting public input on a wide range of questions regarding PEPs. Continue reading.
A “Big, Beautiful” New Benefit? What Employers Need To Know About Trump Accounts
On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (“OBBBA”). Among other things, the OBBBA created a “starter” individual retirement account called a “Trump Account” and authorized a program under which an employer can make non-taxable contributions to an employee’s Trump Account. Employers considering the new Trump Account program should understand the nature of the Trump Accounts, the requirements of the employer contribution program, and the questions that remain on both. Read more.
Expanded QSBS Benefits Under the One Big Beautiful Bill Act
The One Big Beautiful Bill Act (Pub. Law 119-21) (the “Act”), which was signed into law on July 4, 2025, expanded the potential tax benefits for sales of Qualified Small Business Stock (“QSBS”) under Section 1202 of the Internal Revenue Code of 1986, as amended (the “Code”). If certain requirements are met, Section 1202 of the Code allows noncorporate shareholders who sell QSBS to exclude some or all of their gain from gross income, potentially realizing a significant tax savings. Continue reading.
Union Pacific and Norfolk Southern Announce Intent to Create First Transcontinental Railroad
On July 30, 2025, Union Pacific (UP) and Norfolk Southern (NS) filed a “Notice of Intent” with the Surface Transportation Board (STB or Board) for UP to acquire NS, aiming to create the first transcontinental railroad in the United States. The proposed transaction is subject to STB approval. To help shippers navigate the merger process, Thompson Hine will host a series of webinars. The first session, held on August 8, provided an overview of the STB review process. Click here to view the recording.
Seventh Circuit Vacates STB’s Reciprocal Switching Regulations
On July 8 the U.S. Court of Appeals for the Seventh Circuit overturned the reciprocal switching rules that the Surface Transportation Board (STB or Board) adopted in Reciprocal Switching for Inadequate Service, 89 Fed. Reg. 38646 (May 7, 2024) (codified at 49 C.F.R. part 1145) (Final Rule). The court found that the STB exceeded its statutory authority by failing to require a finding of inadequate service before mandating a reciprocal switching agreement. This decision has significant implications for freight rail carriers and their customers. Read more.
White House Releases Sweeping AI Action Plan
On July 23, the White House published “Winning the AI Race: America’s AI Action Plan,” a 28-page comprehensive federal strategy aimed at securing global leadership in artificial intelligence (AI). Developed in response to President Trump’s January 2025 executive order, “Removing Barriers to American Leadership in Artificial Intelligence,” the plan recommends policy actions across three pillars: accelerating AI innovation, building robust AI infrastructure, and leading in international AI diplomacy and security. The agenda emphasizes deregulation, open-source AI, workforce development, infrastructure modernization, and international cooperation to ensure national security and economic competitiveness. Continue reading.
FAR 2.0: Key Takeaways from FAR Parts 6 and 11 Overhaul
In our previous client alert on Executive Order 14275 (EO), Restoring Common Sense to Federal Procurement, we examined the overhaul of FAR Part 10. The FAR Council has since continued its reform efforts under the Revolutionary FAR Overhaul (RFO) by issuing revisions to several additional FAR parts. In this alert, we discuss the changes to FAR Parts 6 (Competition Requirements) and 11 (Describing Agency Needs). Read more.
Trump Administration Initiates Section 232 Investigation into Imports of Polysilicon and Seeks Public Comments
On July 1, 2025, the Department of Commerce initiated an investigation under Section 232 of the Trade Expansion Act, as amended, to determine the effects on the national security of imports of polysilicon and its derivatives (items considered to be critical solar energy inputs). The Department’s Bureau of Industry and Security (BIS) subsequently issued a Notice of Request for Public Comments indicating that interested parties may submit written comments, data or other information pertinent to the investigation no later than August 6, 2025. Read more.
USTR Initiates Section 301 Investigation of Brazil’s Trading Practices
On July 15, 2025, the Office of the United States Trade Representative (USTR), at the direction of President Donald Trump, initiated an investigation of Brazil under Section 301 of the Trade Act of 1974. The investigation will seek to determine whether acts, policies, and practices of the government of Brazil related to digital trade and electronic payment services; unfair, preferential tariffs; anti-corruption interference; intellectual property protection; ethanol market access; and illegal deforestation are unreasonable or discriminatory and burden or restrict U.S. commerce. Ambassador Jamieson Greer stated, “USTR has detailed Brazil’s unfair trade practices that restrict the ability of U.S. exporters to access its market for decades in the annual National Trade Estimate (NTE) Report. Continue reading.
Environmental L.A.W.S. – Pollution You Can’t See: Microplastics
In our latest L.A.W.S. episode, partner Tanya C. Nesbitt interviews Dr. Jen Wollenberg, Ph.D. of Integral Consulting, a leading U.S. science, engineering, and environmental consulting firm, about an emergent contaminant: microplastics. From our tap water and food to consumer products and even the air we breathe, tiny plastic particles have made their way into nearly every corner of our world—and our bodies. Tanya and Dr. Wollenberg examine the science, sources, regulatory landscape, and what the growing presence of microplastics might mean for the manufacturing and consumer goods industries. As the science evolves and public awareness grows, microplastics are increasingly becoming a focal point for litigation, product liability, environmental compliance, and sustainability disclosure. The discussion examines what companies should be thinking about now to stay ahead of the curve as regulatory pressures mount. Listen here.
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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.