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Overreaching EPA Rule to Be Challenged by Louisiana at DC Circuit Court

WASHINGTON, DC - Continuing her office's fight against federal overreach, Louisiana Solicitor General Liz Murrill will appear Friday before the United States Court of Appeals for the D.C. Circuit to argue against the EPA's Risk Management Program (RPM) Rule - a last-minute promulgation by former President Obama to supposedly reduce accidental releases at chemical facilities and improve emergency response activities for those releases. 

Friday's oral argument in 
Air Alliance Houston, et al v. EPA, et al comes exactly one year after 
Louisiana Attorney General Jeff Landry led a multi-state coalition against the RMP. Despite the support of EPA Administrator Scott Pruitt, General Landry and his state partners were largely ignored in their concerns. So Murrill will head to court this week to ensure the RMP provisions that potentially threaten safety do not go into effect until the EPA has a chance to address the serious concerns that States raised before.

"As I have said before: the ill-advised decision to finalize the RMP Rules not only subjected facilities to even more burdensome, duplicative, and needless regulation; but it also makes all of us more vulnerable to security threats," said General Landry. "I am grateful Administrator Pruitt recognized this and granted our review; and I am confident Solicitor General Murrill will represent our State in the most judicious manner on Friday."

"Confusion is the enemy of efficient emergency planning and response and heightens risk," said Murrill. "The prior administration recognized that our States’ concerns about confusion created by these ill-conceived rules were valid and increased risk. The current administration pressed the pause button on certain provisions of these rules to ensure we have adequate time to comment and contribute our substantial practical experiences with emergency management response. The result will be better rules, with better coordination and communication. That’s what will ultimately prevent accidents, save lives, and protect property.”

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The argument will begin Friday morning at 9:30 ET. You may listen to it live at
https://www.cadc.uscourts.gov/internet/sixtyday.nsf/mastercalendar?SearchView&query=([EntryDate]%3E=03/16/2018%20AND%20[EntryDate]%3C=03/16/2018)&tab=1.

A copy of the Final Brief of Respondent-Intervenors States if Louisiana, Arizona, Arkansas, Florida, Kansas, Kentucky, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin may be found in the
More Resources box on this webpage.