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Administrative Law Keyed to Aman
Air Alliance of Houston v. Environmental Protection Agency
Citation:
906 F.3d 1049 (2018)Facts
In January 2017, EPA promulgated the Chemical Disaster Rule to strengthen accident prevention, emergency response, and public information disclosure requirements for facilities that use or store hazardous chemicals. The rule was developed after several high-profile chemical accidents, including a 2013 fertilizer plant explosion in West, Texas that killed 15 people. Following a change in presidential administration, EPA received petitions for reconsideration from industry groups. EPA initially stayed the rule for 90 days under Section 307(d)(7)(B) of the Clean Air Act, which allows stays during reconsideration “not to exceed three months.” EPA then issued the Delay Rule, postponing the Chemical Disaster Rule’s effective date by an additional 20 months, citing its general rulemaking authority under Section 112(r)(7) and the need for more time to reconsider the rule. Community groups, environmental organizations, and several states challenged the Delay Rule, arguing that EPA exceeded its statutory authority and failed to provide a reasoned explanation for the delay.
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