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AAJ Urges Department of Homeland Security to Rescind Its Dangerous
Rule Changes That Threaten Public Safety
DHS Bypasses Congressional Oversight to Pass Rules Explicitly Rejected
by U.S. Senate
Wednesday, February 7, 2007 (Washington, DC)—The American
Association for Justice (AAJ), formerly the Association of Trial Lawyers
of America, today urged the Department of Homeland Security (DHS)
to rescind new rules that endanger public safety and eliminate the
rights of Americans to hold wrongdoers accountable.
“These new rules effectively strip local communities from enforcing
safety measures at hazardous sites, leaving them exposed to potentially
catastrophic consequences,’’ said Jon Haber, CEO of the
American Association for Justice. “They shield hazardous plants
across this country from any real accountability when corporate negligence
leads to a preventable accident, forcing local taxpayers to pick up
the pieces.”
The DHS rule changes preempt state laws, effectively prohibiting
local communities from undertaking necessary safety oversight operations
at hazardous sites. In addition, the new rules are in direct contravention
of the U.S. Senate’s intent and fail to provide due process protections
for people in communities where negligence occurs.
The DHS’ new rules bypassed Congress’ explicit rejection
of these rules. These regulations are outside the purview of the local
communities surrounding these potentially hazardous sites and effectively
trump state regulations that may exceed these new federal guidelines.
The rules also prevent state or local inspectors from assessing the
conditions of hazardous plants and provide these sites with full immunity
if anything were to happen to endanger the public safety.
In a letter to Dennis Deziel, Chief Program Analyst at the Department
of Homeland Security, AAJ noted that the rule changes violate both
Congressional intent as well as basic laws against preemption of state
and local laws. Specifically, the new rules strip communities of any
mechanism to contest the agency’s decisions. The new rules also
fail to provide adequate due process protections or alleviate problems
with the accompanying preemption provisions, which could even reach
far beyond chemical facility regulation to nullify only tangentially
related state laws. Restricting citizens from knowing whether their
communities are safe is a gravely irresponsible decision, serving
only to protect corporations’ bottom lines.
“The DHS must allow states to continue to enforce laws and regulations
which offer additional protections to citizens from chemical hazards,”
said Lewis S. “Mike” Eidson, President of the American Association
for Justice. “These rules encourage corporations to do less than
necessary to protect workers, the public and the environment from
chemical hazards – not just those posed by threats of terrorism.”
AAJ sent the letter in response to the DHS' Advanced Notice of Rulemaking
regarding chemical facility anti-terrorism standards. The new rules
are automatically in effect until otherwise modified or rescinded
by Congress.
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As the world's largest trial bar, AAJ (formerly known as the Association of Trial Lawyers of America) promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. Serving members worldwide, AAJ provides attorneys with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system. Visit http://www.justice.org
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