Air Alliance Houston v. EPA (2017 Risk Management Program)

U.S. Court of Appeals for the District of Columbia Circuit

Tab Group

Merits Stage

D.C. Circuit thwarts EPA attempt to delay effective date of Obama Risk Management Program rule

August 17, 2018

Click here to view the opinion.

U.S. Chamber and RMP Coalition file intervenor brief in support of EPA’s delay of effective date of Risk Management Program rule

January 31, 2018

Click here to view the brief.

Motion for stay denied

August 30, 2017

The D.C. Circuit denied the environmental groups’ motion for a stay of the Trump administration’s delay of the effective date of the Obama administration’s risk-management program rule. The Chamber, along with other business groups, intervened to support the Trump administration in its efforts to provide more flexibility for companies faced with compliance of the onerous rule.

RMP Coalition intervenes in D.C. Circuit review of EPA's Risk Management Program rule

June 30, 2017

The U.S. Chamber, as part of the RMP Coalition, filed a motion to intervene in a D.C. Circuit case seeking to vacate a final rule issued by the EPA titled Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further Delay of Effective Date, 82 Fed. Reg. 27,133 (June 14, 2017). If granted, the relief sought by the petitioners will force affected companies to incur costs immediately to comply with certain aspects of the Risk Management Program Amendments, even while they remain under review by the EPA.

The coalition consists of the U.S. Chamber, American Chemistry Council, American Fuel & Petrochemical Manufacturers, and American Petroleum Institute.

Catherine E. Stetson, Justin A. Savage, Sean Marotta, and Erin H. Ward served as co-counsel for the coalition.