EPA’s ‘Yo-Yo’ RMP Policy Leaves Rule Vulnerable In Court, Lawyer Says

EPA’s repeated changes to its Risk Management Plan (RMP) rule could boost court challenges to an expected tightening of the facility safety mandate, as challengers could argue that it is inherently “arbitrary” for three consecutive administrations to overhaul the policy, an industry attorney says. “The fact that they’ve yo-yo’d on” the RMP rule through three presidential administrations raises the question of whether judges will find the continual changes between more- and less-stringent versions of the rule to be “arbitrary” in...