The passage of FIRRMA was based upon concerns that, ‘‘the national security landscape has shifted in recent years, and so has the nature of the investments that pose the greatest potential risk to national security.’’ As a result, Congress rebalanced the Committee on...

January 17, 2019

Today, the House finalized the last leg of reauthorization for the Chemical Facility Anti-Terrorism Standards Program (CFATS), extending it from expiring on January 19th, 2018 to April 19th, 2020. No substantive changes were included in the bill, but before the next de...

December 20, 2018

On December 19th 2019, the Chemical Security Facility Anti-Terrorism Standards (CFATS) program, set to expire January 9th, 2019, received a temporary renewal of reauthorization in the Senate.  Rolled in with the controversial border security wall, and with the equivale...

September 10, 2018

Chemical legislation, CFATS, S3405, Protecting and Securing Chemicals Facilities from Terrorist Attacks Act of 2018

November 15, 2017

On November 14th, 2017, the National Academy of Sciences published a report (as a result of a lengthy study) titled “Reducing the Threat of Improvised Explosive Device Attacks by Restricting Access to Explosive Precursor Chemicals”. This report identifies precursor che...

U.S. Congressman Michael McCaul, Chairman of the House Homeland Security Committee said the bomb making methods suggests a “level of sophistication” and his Committee anticipates a bill containing a regulatory framework for IED precursors by the end of the year. While...

This is the only remnant Obama rule that codifying “inherently safer technology” (IST) which can lead to large chemical facilities replacing their inventory with “safer” or more products. One of its biggest complaint of the rule is that its focus is misdirected. It tar...

February 9, 2017

Explore what the EO means for businesses and how it will be shaped in years to come...

September 28, 2016

OSHA circumvented the required notice-and-comment procedure when it narrowed the retail exemption in its PSM standard following the 2013 West Fertilizer explosion

On September 23, 2016, the Occupational Safety and Health Administration (OSHA) lost a significant case cur...

September 1, 2016

The friction between railroads and shippers continued on August 12, when a coalition of shipper organizations submitted a Petition to the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) asking for them to adopt rules that would reinforce its authority...

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Senate Approves Temporary CFATS Reauthorization: Issues Loom

December 20, 2018

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