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ARTICLE · 03 SEPTEMBER 2024

Litigation Over RMP Rule Paused While EPA Evaluates Petition For Reconsideration

On July 30, 2024, The United States Court of Appeals for the District of Columbia Circuit temporarily halted litigation over the U.S. Environmental Protection Agency's (EPA) updated Risk Management Program (RMP) rule...

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On July 30, 2024, The United States Court of Appeals for the District of Columbia Circuit temporarily halted litigation over the U.S. Environmental Protection Agency's (EPA) updated Risk Management Program (RMP) rule and granted a four-month abeyance. The final RMP rule was published on March 22, 2024.

The order granting the abeyance allows EPA time to reconsider the RMP rule while addressing a petition for reconsideration from industry groups that challenges several of its provisions. This provides EPA with an opportunity to adjust or rollback the new rule, particularly if there is an administration change based on the presidential election in November.

Substantively, the petitioners argue that the new RMP rule imposes excessive and unnecessary burdens on facilities and are challenging several aspects of the updated rule, including its requirement for facilities to conduct Safer Technology and Alternatives Analyses and its expanded mandates on

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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