The report documents multiple layers of an almost invisible but ubiquitous lobbying campaign to keep large chemical users from having to switch to safer, more secure chemicals and processes. The report identified 20 trade associations involved in the effort, such as the American Chemistry Council (ACC), the U.S. Chamber of Commerce and 30 companies including Dow Chemical Company, ExxonMobil, and high-priced law firms such as Hogan & Hartson.

Since 9/11, the chemical industry lobby has succeeded in delaying the enactment of permanent, comprehensive chemical security regulations. In 2006, a temporary law was enacted with the expectation that Congress would revisit the issue in 2007, but chemical industry lobbyists so far have stalled the much-needed long-term solution to the problem.

Jack Gerard, CEO of the ACC. indicated the chemical lobby's intent to keep stalling on the issue: “We believe the Department of Homeland Security should have the ability to put these regs in place. Let's let the dust settle, and then a few years down the road let's take a look at it."

In contrast, the Association of American Railroads recently released a statement calling for improvements to the security of the country’s ultra-hazardous chemicals: "It is time for the nation’s big chemical companies to stop making the dangerous chemicals that can be replaced by safer substitutes or new technologies currently in the marketplace…And if they won’t do it, Congress should do it for them in the Chemical Facility Anti-Terrorism Act of 2008."
 
In March, a comprehensive bill (H.R. 5577) that would replace the temporary law currently in place moved out of the Homeland Security Committee. If passed, it would require the highest risk chemical plants to use safer chemicals or processes in order to minimize the risks of catastrophic events associated with these facilities. It now must go through the House Energy & Commerce Committee. The committee could improve it, weaken it or slow it down. Regardless, the 110th Congress only has about six months remaining to enact a strong law.

"After seven years of legislative failures, it's time for Congress to say ‘no’ to the chemical lobby and ‘yes’ to protecting American communities," said Rick Hind, Greenpeace’s Legislative Director.

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