U.S. Chemical and Safety Hazard Board Ordered to Promulgate Release Reporting Requirement Rules | JD Supra



On February 4, the U.S. District Court for the District of Columbia held, in a Clean Air Act (CAA) Citizen Suit, that the U.S. Chemical and Safety Hazard Board (Board), an independent federal agency, has violated the Administrative Procedure Act (APA) by failing to promulgate the accidental release reporting rules required by Section 112(r )(6)( c )(iii) of the CAA. The Board was established by the 1990 Clean Air Act Amendments of 1990, but has failed in all these years to issue these rules. The case is Air Alliance Houston, et al., v. U.S. Chem. and Safety Hazard Investigation Bd.

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