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Air Alliance of Houston v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia
906 F.3d 1049 (2018)
After a series of accidents at chemical plants that resulted in death and environmental harm, Congress mandated the creation of the Chemical Safety Board (CSB). CSB was tasked with imposing new rules on polluters, particularly requirements that sources of pollution put in place plans to reduce the risk of accidental discharges of waste. The Environmental Protection Agency (EPA) (defendant) was tasked with promulgating rules in response to reports from the CSB, and with providing reasons if it did not promulgate those rules in a timely manner or at all. The EPA had promulgated several rules that had not yet gone into effect when the Obama administration transitioned to the Trump administration. During this time, the EPA announced that the implementation of several rules was being postponed. The Air Alliance of Houston (plaintiff) and others sued, claiming that the EPA did not have the authority to postpone the rules without a good reason. The EPA claimed that they had received correspondence about the rules, and wanted to reconsider them. The case was appealed to the circuit court.
Rule of Law
Holding and Reasoning (Per curiam)
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