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AAJ Congratulates Senate on Blocking Dangerous Homeland Security Rule Changes Threatening Public Safety
Senator Lautenberg (D-NJ) Leads The Charge In Protecting Americans From Dangerous Backdoor Regulations

Thursday, March 29, 2007 (Washington, DC)—Today, the U.S. Senate voted to restrict the Bush Administration’s Department of Homeland Security’s (DHS) ability to arbitrarily bypass local communities’ right to oversee their own safety. Senator Lautenberg (D-NJ) inserted – and the Senate passed a – provision repealing the previous attempt by the chemical industry to force states to remain silent in the shadow of potentially deadly chemical plants in their communities.

“The U.S. Senate took a great step today in asserting its 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.

The Senate took 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.

The Senate firmly supported 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 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. Section 1502 would restore the states’ ability to enact and enforce rules that provide optimal protections for their citizens.

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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