What Does the Public Think? Do your neighbors view
your facilities as "good neighbors"? There is no business today that has any
sort of emission or release potential from its production processes, products or other
systems that should not be concerned with what the public knows and thinks about that
business. My legal services include helping a business cope with the following
Right-to-Know Laws exist at the federal, state and local
level. Under the Emergency Planning and Community Right to Know Act
("EPCRA") there are requirements for emergency planning and release
notification, certain reporting requirements regarding hazardous chemicals that are used
by facilities, and toxic chemical "release" reporting requirements
applicable to businesses in the manufacturing sector of the economy. EPCRA authorizes
penalties and citizen suit actions for violations of the law.
Risk Management Plans are required under the Clean Air
Act for certain businesses, Spill Prevention and Control Plans are required under the
Clean Water Act, and the Occupational Safety and Health Act (OSHA)also contains risk
management planning requirements.
Accident Response is essential in order to minimize harm
to people and property. Over and above the specifics of reporting and planning
requirements, OSHA and the Clean Air Act imply or may in specific instances impose a
general duty to prevent and minimize harm. I have assisted firms that have suffered
serious accidents that have involved injury and public impact.