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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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EPA Announces Historic PFAS Drinking Water Regulation

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<a href="https://www.thompsonhine.com/professionals/joel-d-eagle/">Joel D. Eagle</a>

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On March 14 the U.S. Environmental Protection Agency (EPA) took another significant step in implementing its <a href="https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2021-2024">2021 PFAS Strategic Roadmap</a> by announcing its plan to issue a <a href="https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas">proposed rule</a> to establish a National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). If finalized, the NPDWR, also commonly referred to as drinking water maximum contaminant levels (MCLs), would affect a wide range of industries, municipalities, remediation sites, corporate and real estate transactions, and more. The proposed PFAS NPDWR follows EPA’s 2022 proposed rule to list PFOS and PFOA as CERCLA “hazardous substances,” which is currently under review following the close of the public comment period. <a href="https://www.thompsonhine.com/insights/epa-announces-historic-pfas-drinking-water-regulation/">Continue reading.</a>

NLRB Issues Employer Guidance on McLaren Macomb Decision

<a href="https://www.thompsonhine.com/professionals/john-wymer/">John Wymer</a>, <a href="https://www.thompsonhine.com/professionals/m-scott-young/">M. Scott Young</a>, <a href="https://www.thompsonhine.com/professionals/bret-w-vetter/">Bret W. Vetter</a>, <a href="https://www.thompsonhine.com/professionals/nancy-barnes/">Nancy Barnes</a>

In its February 21 <a href="https://www.thompsonhine.com/insights/national-labor-relations-board-issues-decision-in-mclaren-macomb/">McLaren Macomb</a> decision, the National Labor Relations Board (NLRB) found that severance agreements with broad non-disparagement or confidentiality provisions violate the National Labor Relations Act (NLRA). It is important to note that McLaren Macomb makes it an unfair labor practice for an employer to merely tender such a document to an NLRA-protected employee, even if the employee refuses to sign it. The decision left many questions unanswered and employers struggling to decide how to respond. However, on March 22 NLRB General Counsel Jennifer Abruzzo issued a Memorandum (GC-23-05) clarifying the NLRB’s decision and offering employers guidance on what to consider going forward. <a href="https://www.thompsonhine.com/insights/nlrb-issues-employer-guidance-on-mclaren-macomb-decision/">Read more.</a>

<a href="https://www.thompsonhine.com/professionals/megan-s-glowacki/">Megan S. Glowacki</a>, <a href="https://www.thompsonhine.com/professionals/hannah-e-caldwell/">Hannah E. Caldwell</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. <a href="https://www.thompsonhine.com/insights/employment-legislation-outlook-april-2023/">Continue reading.</a>

Environmental L.A.W.S. – Greenwashing Regulatory &amp; Litigation Update

<a href="https://www.thompsonhine.com/professionals/tanya-c-nesbitt/">Tanya Nesbitt</a> is a litigator and partner in Thompson Hine’s <a href="https://www.thompsonhine.com/services/environmental/">Environmental</a> group and a member of the firm’s ESG Collaborative, a multidisciplinary and comprehensive team of attorneys who advise clients on meeting their evolving ESG goals. She helps companies navigate potential business disruption from the regulatory and litigation risks associated with the advertising and marketing of their environmental benefit claims. She is a frequent speaker and author on the recent rise of greenwashing litigation and its implications for companies’ ESG goals. In this L.A.W.S. episode, Tanya provides mitigation strategies that can help companies prepare for the upcoming regulatory requirements and proactively mitigate their risk from future greenwashing claims. Tanya is joined by <a href="https://www.thompsonhine.com/professionals/heidi-b-friedman/">Heidi Friedman</a>, a partner in Thompson Hine’s Environmental group and the co-founder and co-chair of the ESG Collaborative, who frequently speaks on ESG issues and works closely with public and private companies to align their ESG targets with their business values. <a href="https://www.youtube.com/watch?v=hoofYyw1niM">Listen here.</a>

Held from April 17-19 in New Orleans, this three-day convention includes concurrent technical sessions focusing on business development and market trends, regulatory, market segments and new/advanced technology/applications. The EXPO, held on Tuesday, April 18 from 3:00-6:30 p.m., will feature over 100 exhibitors. Click <a href="https://www.ascouncil.org/events/2023-annual-convention-and-expo">here</a> for more information.

In conjunction with the 2023 Convention &amp; EXPO, ASC is offering a two-day short course that will help you gain a better understanding of the functions and applications of caulks and sealants. It will be held from April 17-18. Click <a href="https://www.ascouncil.org/events/2023-caulks-and-sealants-short-course">here</a> for further details.

2023 Pressure Sensitive Adhesives Short Course

Co-located with the 2023 Convention &amp; EXPO, this two-day short course (April 17-18) is presented by industry experts and offers in-depth knowledge of the fundamentals and latest developments for pressure sensitive adhesives and covers formulation strategies, based on application and performance requirements. Click <a href="https://www.ascouncil.org/events/2023-pressure-sensitive-adhesives-short-course">here</a> for more information.

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.

For more information, contact the editor, <a href="https://www.thompsonhine.com/professionals/devin-a-barry/">Devin A. Barry</a>, or any of the authors.

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.

Chemical Industry Regulatory Update – April 2023

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