On March 6, 2006, WLF filed formal comments with the Chemical Safety and Hazard Investigation Board opposing proposed regulations that would require the owners and operators of chemical companies and other facilities to not alter any evidence relating to an accidental release of a chemical that causes serious physical damage or personal injury after receiving a formal Notice from the Board. WLF argued that the Board did not have the statutory authority to promulgate the regulation, that there was no showing that the evidence preservation rule was needed, and that owners and operators could be held civilly and criminally liable for taking measures to mitigate chemical releases if, on 20/20 hindsight, the Board thought the mitigation measures were not necessary, and hence, evidence was not preserved properly.
