On April 19, 1999, the Team Leader of the Chemical Weapons Improved Response Team (CWIRT), U.S. Army Soldier and Biological Chemical Command sent a letter to EPA raising issues concerning first responders liability during a weapons of mass destruction (WMD) terrorist incident. Specifically, the CWIRT asked about the first responders liability for spreading contamination while attempting to save lives. Environmental liability resulting from critical lifesaving actions may seem unlikely, but could be a serious concern for many first responders. The question is: Can emergency responders undertake necessary emergency actions in order to save-lives in dire situations without fear of environmental liability even when such emergency actions have unavoidable adverse environmental impacts.