INDUSTRY QUESTIONS BOARD'S RULE ON PRESERVING EVIDENCE AT SPILL SITES

A broad coalition of industry groups are arguing in comments to the Chemical Safety & Hazard Investigation Board (CSB) that it lacks Clean Air Act authority to finalize a proposed rule requiring industry to preserve evidence following spills and other accidents. The groups say the rule is arbitrary and capricious, and one attorney says, if finalized, industry is likely to challenge the rule in court. Industry sources earlier warned that while the plan was well-intentioned, the proposed regulatory language was...