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Chemical Facility Safety Working Group Issues 90-Day Progress Report

Client Alert | 2 min read | 12.24.13

On December 20, 2013, a multiagency working group issued a report on its progress toward improving safety and security at U.S. chemical facilities. Prompted by the April 2013 ammonium-nitrate explosion in West, Texas, President Obama issued Executive Order 13650, which established the Chemical Facility Safety and Security Working Group. The Group includes, among others, the Occupational Safety and Health Administration (OSHA), the Department of Homeland Security (DHS), and the Environmental Protection Agency. Its progress report touts the "important steps" it has taken in the three-and-a-half months since EO 13650. These steps include public listening sessions to gather stakeholder input and a pilot program in New York and New Jersey to test interagency collaboration as well as federal coordination with state, local, and tribal partners. Such future coordination may include DHS's sharing Chemical Facility Anti-Terrorism Standards (CFATS) data with state, local, and tribal emergency-planning committees.

The four-page report also describes the Working Group's desire "to harmonize the collection and exchange of information to streamline enforcement processes, inform decision-makers at all levels of government and first responders, and avoid duplication of regulatory requirements." Although accomplishing these goals might ease regulated entities' information-sharing burden, increased interagency cooperation may also enhance the government's enforcement capabilities under existing regulations. It is thus critical that stakeholders involved in chemical production, chemical storage, and agricultural supply activities stay current on the Working Group's progress. Those in the oil and gas sector, in particular, should take note of OSHA's recent "request for information" relating to its Process Safety Management (PSM) standard.

Stakeholders may learn more about the Working Group and its efforts by visiting its website. The Group has scheduled four listening sessions in January at which stakeholders may comment on the Group's work. Stakeholders may also submit written comments by email to eo.chemical@hq.dhs.gov.

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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....