Don’t Just Investigate; Promulgate! Court Orders Chemical Safety Board to Produce Chemical Reporting Requirements

From: JD Supra

“In a succinct, yet forceful, decision, Judge Amit Mehta of the U.S. District Court for the District of Columbia lambasted the CSB for what he called “an egregious abdication of a statutory obligation” to promulgate reporting regulations under the Clean Air Act Amendments of 1990.1 Even by its own admission, the CSB is required by the Clean Air Act to “establish by regulation requirements binding on persons for reporting accidental releases into the ambient air subject to the Board’s investigatory jurisdiction.”2 In its decision, the court dismissed the CSB’s arguments that plaintiff environmental groups lacked standing and found that the Board did “unreasonably delay” action after having failed to promulgate regulations for nearly 28 years.”

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