EPA Chemical Accident Safety Rule Challenge Ignites AG Conflict

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  • Sixteen Democratic AGs and the Harris County Attorney (Houston, Texas) have filed a motion to intervene in a lawsuit brought by industry groups challenging the EPA’s denial of their petition for reconsideration of the agency’s chemical accident safety rule (Final Rule), which requires certain high-risk facilities—such as refineries and chemical plants—to take steps to prevent chemical accidents.
  • In the motion, the AGs argue the rule strengthens the EPA’s Risk Management Program under the Clean Air Act by requiring facilities to adopt accident prevention plans, improve employee safety protocols, increase transparency with surrounding communities, and account for extreme weather risks. They assert the rule is vital to protecting vulnerable communities located near the facilities and argue they have standing to intervene as of right—or, alternatively, should be granted permissive intervention to support the EPA in defending the rule.
  • Separately, a coalition of 14 Republican Attorneys General and the Arizona Legislature has filed a direct challenge to the Final Rule itself, seeking judicial review and asking the court to vacate the rule on the grounds that it is unlawful and overly burdensome.
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