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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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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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2024 ASC Annual Convention to Feature Dedicated Regulatory &amp; Government Policy Track

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ASC will host the industry’s official Annual Convention &amp; EXPO in Louisville, Kentucky, April 15-17, 2024. The preliminary program has been released featuring scheduled keynotes, educational tracks, technical short courses, EXPO tradeshow exhibitors and details on the dedicated “Regulatory &amp; Government Policy” track. The track features topics such as:

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View the complete program and conference details <a href="https://www.ascouncil.org/events/2024-annual-convention-and-expo">here</a>.

Future Uncertain for California Climate Disclosure Laws Set to Take Effect in Two Years

<a href="https://www.thompsonhine.com/professionals/jurgita-ashley/">Jurgita Ashley</a>, <a href="https://www.thompsonhine.com/professionals/heidi-b-friedman/">Heidi B. (Goldstein) Friedman</a>, <a href="https://www.thompsonhine.com/professionals/tanya-c-nesbitt/">Tanya C. Nesbit</a>t

In 2023, California set upon a breakneck course to be the first state to create mandatory climate disclosure legislation for businesses operating within its borders. The industry response was swift, and in four short months after the passage of the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261), a number of parties, led by the U.S. Chamber of Commerce, the California Chamber of Commerce, and the American Farm Bureau Federation, sued the California Air Resources Board (CARB), the entity charged with adopting regulations under SB 253. Chamber of Commerce of the United States of America et al. v. California Air Res. Bd., No. 2:24-cv-00801 (C.D. Cal. Jan. 30, 2024). The industry groups seek a declaratory judgment and permanent injunction to prevent CARB from enforcing the climate disclosure legislation set to go into effect in two years. These industry plaintiffs argue that California’s newly passed climate disclosure legislation is unconstitutional because the bills compel non-commercial speech in violation of the First Amendment of the U.S. Constitution, are precluded by the Clean Air Act (CAA) and U.S. Constitution, and otherwise offend long-held principles of federalism, including the Dormant Commerce Clause. <a href="https://www.thompsonhine.com/insights/future-uncertain-for-california-climate-disclosure-laws-set-to-take-effect-in-two-years/">Continue reading</a>.

National Defense Authorization Act for Fiscal Year 2024 Adds Significant Trade Provisions

New Law Impacts U.S. Export Controls, Sanctions and Supply Chain Management

<a href="https://www.thompsonhine.com/professionals/david-m-schwartz/">David M. Schwartz</a>, <a href="https://www.thompsonhine.com/professionals/francesca-guerrero/">Francesca M.S. Guerrero</a>, <a href="https://www.thompsonhine.com/professionals/samir-d-varma/">Samir D. Varma</a>, <a href="https://www.thompsonhine.com/professionals/aaron-c-mandelbaum/">Aaron C. Mandelbaum</a>, <a href="https://www.thompsonhine.com/professionals/scott-e-diamond/">Scott E. Diamond</a>*

On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law (P.L. 118-31) (NDAA 2024 or Act). Lawmakers frequently target this type of “must pass” legislation as a vehicle to codify their own, often unrelated policy priorities or “rider” provisions. The NDAA 2024 is no exception, containing a patchwork of trade-related riders that have important ramifications regarding U.S. export controls, sanctions, supply chain issues and other areas of international trade law. <a href="https://www.thompsonhine.com/insights/national-defense-authorization-act-for-fiscal-year-2024-adds-significant-trade-provisions/">Read more</a>.

California Pen/Trap Law and Website Privacy Litigation

<a href="https://www.thompsonhine.com/professionals/steven-g-stransky/">Steven G. Stransky</a>, <a href="https://www.thompsonhine.com/professionals/kip-t-bollin/">Kip T. Bollin</a>, <a href="https://www.thompsonhine.com/professionals/jennifer-a-adler/">Jennifer A. Adler</a>

There has been a rise in legal claims in which plaintiffs argue that website advertising cookies and pixels should be considered pen registers and/or trap and trace devices, and therefore prohibited under California Penal Code § 638.50-55 (the “California Pen/Trap Law”). However, to date, there is no judicial precedent that supports this position, and these claims appear to be based on a misunderstanding of a recent federal court decision.

We have published a <a href="https://admin.thompsonhine.com/wp-content/uploads/2024/02/The-California-Pen-Trap-Law-and-Website-Privacy-Litigation.pdf">comprehensive analysis</a> describing why the California Pen/Trap Law does not prohibit the use of website advertising cookies and pixels, which focuses on the plain text, structure, and legislative history of the law; previous court orders authorizing the use of pen registers/trap and trace devices; the purpose, scope, and intent of California consumer privacy laws; and the “user consent” provisions in the California Pen/Trap Law. <a href="https://www.thompsonhine.com/insights/california-pen-trap-law-and-website-privacy-litigation/">Continue reading</a>.

PODCAST: Love Canal: How the Dream of a Perfect City Led to CERCLA – Part Two

In this two-part episode, we examine the history of Love Canal, America’s most notorious toxic waste dump, which prompted the passage of CERCLA. In <a href="https://www.youtube.com/watch?v=XMUdq1qEYzY">part one</a>, Thompson Hine attorney <a href="https://www.thompsonhine.com/professionals/nathan-c-hunt/">Nathan Hunt</a> tells the story of William Love and his ambitious plan to build a perfect city powered by free hydroelectricity in Niagara Falls, New York. Little did Love know that history would forever associate him with toxic waste instead of his ideal city. Nathan will explain who William Love was, his vision for the perfect city, why he wanted to build it in Niagara Falls, how he planned to get people and businesses to move to Niagara Falls, and why (spoiler alert!) the project ultimately failed. Part two covers the environmental catastrophe that made Love Canal a household name in the 1970s and galvanized support for the passage of CERCLA in 1980. To listen to part two, click <a href="https://www.youtube.com/watch?v=tEVSuGwXOfw">here</a>.

Check out the latest <a href="https://www.thompsonhine.com/insights/employment-legislation-outlook-march-2024/">Employment Legislation Outlook</a>. 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.

Looking for Adhesive &amp; Sealant Training?

ASC’s <a href="https://www.ascouncil.org/certificate-program">Training Academy Certificate Program</a> offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of <a href="https://www.ascouncil.org/">The Adhesive and Sealant Council</a>. 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.

This newsletter may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

Chemical Industry Regulatory Update – March 2024

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