"The Biden administration proposed last week to scrap an exemption for accidental pollution releases, a step environmentalists insist is only one of many needed to close multiple emission shields for industry.

The proposal removes a protection called “emergency affirmative defense” from federal operating permits, which is one way facilities can avoid lawsuits if they accidentally release excess emissions during extreme weather that disrupts operations.

The impact of the proposal, published in the Federal Register March 31, could be big for areas with large industrial facilities, according to University of Houston law professor Victor Flatt.

“It would force regulated entities to more carefully plan on avoiding ‘accidents’ in order to avoid potential liabilities,” Flatt said in an email."

Jennifer Hijazi reports for Bloomberg Environment April 7, 2022. [2]