A post on a blog sponsored by the National Association of Manufacturers explains a few of the problems with the proposed Chemical facility anti-terrorism standards legislation now making its way through Congress.
One of the issues mentioned in the post In the World of Chemical Security, the Real World is the threat of excessive litigation:
“But there are problems with the proposals, as he makes clear. He cites the ‘private right of action,’ i.e., encouraging litigation against companies as a parallel regulatory process.”
Unlike environmental statutes, CFATS is not a series of prescriptive statutory measures with which compliance is mandatory, like emission standards or discharge limitations, and therefore it is much more difficult for an outsider — whether it be a citizen or judge — to ascertain if a standard is being met or to decide what needs to be done to address an alleged deficiency.