In This Issue:

CERCLA Reforms May Contain New Potential for Liability Exposure for Contiguous Property Owners and “Innocent Purchasers”
As Congress adjourned in December, it passed the “Small Business Liability Relief and Brownfields Revitalizations Act” (HR2869).

ACCIDENTAL RELEASE REPORTING
In the Superfund Amendments and Reauthorization Act of 1986, Title III establishes a law also known as the Emergency Planning and Community Right to Know Act (EPCRA). EPCRA was enacted on the heels of the disaster in Bhopal, India, where a form of isocyanate was accidentally released, killing thousands of people.

REGULAR EPCRA REPORTING
Under EPCRA Section 311, a Material Safety Data Sheet (MSDS) must be on file with the State and local emergency coordinators, as well as with the fire department for every chemical which is present at more than specified threshold quantities.

FEDERAL CHEMICAL SAFETY ACT PROPOSED: THE CHALLENGE OF SEPTEMBER 11TH
On the heels of the disastrous terrorist attacks of September 11, 2001, Congress has undertaken consideration of new laws that will require increased security at facilities that include installations or chemicals that are particularly attractive to potential terrorist incidents.

EPA OZONE AND PM 2.5 AIR QUALITY STANDARDS UPHELD
In a victory for the EPA, the Court of Appeals for the District of Columbia recently upheld EPA's promulgation of National Air Quality Standards for Ozone and Particulate matter 2.5 microns or less (PM2.5) in diameter.

CONGRESS WEIGHS MULTI-POLLUTANT REDUCTION PLANS
Although the Bush Administration refused to back the Kyoto Global Warming Treaty, it backs some elements of global warming emission restrictions that are being discussed on Capitol Hill.

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.