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AAJ Urges Senate to Repeal Dangerous Department of Homeland Security
Rule Changes That Threaten Public Safety
Responds to Bush and OMB Request to Keep Dangerous Regulations
Tuesday, March 27, 2007 (Washington, DC)—Today, the Office
of Management and Budget (OMB) issued a statement urging Congress
to keep dangerous regulations in place. In response the American Association
for Justice (AAJ), formerly the Association of Trial Lawyers of America,
urged the United States Senate to repeal the chemical safety rule
changes proposed by the Department of Homeland Security (DHS) which
are scheduled to take effect April 4, 2007.
“The U.S. Senate has a responsibility to protect the American
public. This provision reverses a backdoor attempt by the Department
of Homeland Security to gut safety measures protecting local communities
across this country, just to satisfy big chemical companies seeking
to evade responsibility,” said Jon Haber, CEO of the American
Association for Justice. "This is just another attempt by the
Bush Administration to line the pockets of Chemical industry CEO's
while putting corporate interests ahead of the safety and well being
of everyday Americans.”
Congress has the opportunity to nullify these regulations by passing
the Supplemental Appropriations Bill containing Section 1502. This
Section expressly permits states to make crucial decisions regarding
the security of their citizens and adopt regulations regarding chemical
facilities that are more stringent than the federal rules.
Congress must oppose any motion to strike Section 1502 from the Supplemental
for the following reasons:
- Section 1502 Reinstates Congressional Intent – When DHS
proposed its chemical facility regulations and included language
preempting state laws, it expressly contradicted Congressional intent.
Congress considered the question of preemption and expressly rejected
the approach included in the DHS regulations. Section 1502 of the
Supplemental would restore Congress’ intent and prevent DHS
from adopting regulations that Congress explicitly rejected.
- Section 1502 Allows States to Maintain the Health and Safety
– DHS’ proposed regulations deny states the ability
to protect their own citizens from hazardous chemical plant leaks
or explosions right in their own backyards. The rules prohibit states
from enacting laws that are stricter than the federal government
rules, even if the particular state circumstances would warrant
greater protections. Section 1502 would restore the states’
ability to enact and enforce rules that provide optimal protections
for their citizens.
- DHS’ Proposed Regulations Are Harmful to Citizens –
DHS’ proposed regulations also are dangerous to citizens because
they eliminate any protections for citizens that express concern
about the preemption of state chemical security laws. If a citizen
petitions DHS to question the federal rules’ preemptive effect
upon a state law, the proposed rules do not provide any notice to
affected parties or an opportunity to respond to a petition, and
they do not require DHS to record any findings regarding preemption
of such state law. The proposed regulations also provide no timeframe
for this review process and could delay implementation of vital
state protections.
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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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