Part I of this Article examines the post-September 11 trend of reduced access to environmental, health, and safety information. Part II introduces the tools that governments might use to protect the environment while protecting homeland security, including planning and information disclosure, command and control measures, and pollution prevention measures. Part II also criticizes the reliance on command and control measures as the primary means of addressing the security issues created by businesses that engage in activities that could harm the environment, health, or safety. Part III explores the advantages of planning and information disclosure programs over command and control programs as a means of reducing environmental, health, and safety risks posed by businesses while recognizing security concerns. Finally, Part IV reviews the benefits of pollution prevention and toxics use reduction programs and suggests improvements to existing programs.
Stephen M. Johnson, Terrorism, Security and Environmental Protection, 29 Wm. & Mary Env't. L. Rev. 107 (2004).