Date: Apr 05, 2019
Keller and Heckman LLP Partner Lawrence P. Halprin and Associate Javaneh S. Nekoomaram recently wrote a working paper for the Washington Legal Foundation titled, “The Constitutional Implications of EPA’s Public Meeting Mandate for Accidental Chemical Releases.”
The Working Paper discusses the Risk Management Plan (RMP) Rule, part of the Clean Air Act, which requires facilities that use extremely hazardous substances to develop a Risk Management Plan, which must be revised and resubmitted to EPA every five years. In 2017, the RMP Rule was amended as part of a comprehensive overhaul of and new direction for the RMP Regulation. One aspect of this new direction was an unprecedented requirement that the owner or operator of a facility that experienced a reportable chemical release hold a public meeting to discuss the release within 90 days of the event. Regulated entities criticized EPA for overreaching and ignoring valid industry concerns on the cost effectiveness of most of the core changes and noted the requirement goes against the First, Fourth, and Fifth Amendment rights of the entities and individuals subject to the RMP Regulation.
Please click here for the working paper.
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