On the recordApril 25, 2002
it is fair to reflect on this safe harbor Boxer amendment which will be stricken if the amendment prevails. The bill, we all know, contains this safe harbor provision regarding the liability of manufacturers and distributors in renewable fuels that are subject to the bill's mandate. The principle is relatively simple: No one should be subjected to tort liability simply for manufacturing or selling a product that was mandated by this Congress. That is what we are talking about, a product mandated by Congress. Maybe Congress should bear the liability. In any event, it is fair to say the provision is very limited. It applies only to claims that a renewable fuel mandated by the act is defective in design or manufacture, and it applies only so long as the applicable requirements of section 211 of the Clean Air Act have been met. These requirements include both compliance with requests for information about a fuel's public health and environmental effects and compliance with any regulations adopted by the Administrator. If these requirements are not met, then the safe harbor protection will not be available, and liability will be determined under otherwise applicable law. This provision does not affect claims based on wrongful release of a renewable fuel in the environment. Anyone harmed by a release of that kind would retain all rights he or she has under current law. It also applies only prospectively.
Source
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