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Multistate coalition backs EPA’s chemical accident safety rule amid legal challenges

LEGAL NEWSLINE

Wednesday, April 2, 2025

Multistate coalition backs EPA’s chemical accident safety rule amid legal challenges

State AG
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Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta, as part of a multistate coalition, has filed a motion to intervene in a legal case to support the U.S. Environmental Protection Agency's (EPA) chemical accident safety rule adopted in 2024. This rule mandates facilities like refineries and chemical manufacturing plants to adopt preventative measures against chemical accidents. These measures include creating prevention plans, ensuring safety preparedness for employees, enhancing community transparency, and preparing for extreme weather risks. It aims to protect communities, especially those involved in environmental justice, from chemical accidents due to their proximity to such facilities.

The rule is currently facing challenges led by Oklahoma and supported by a coalition of 13 other states. Additionally, industry groups like the National Association of Chemical Distributors and the American Chemistry Council have filed separate challenges. Meanwhile, the Trump Administration has announced its intention to reconsider this rule as part of its agenda to revise environmental and public health regulations.

Attorney General Bonta stated, “Chemical disasters pose serious risks, including long-term health effects and devastating economic consequences. Without stringent safety protocols, proper emergency response planning, and corporate accountability, communities will remain vulnerable to preventable catastrophes.” He emphasized that rolling back the rule might negate its environmental and economic benefits and have irreversible consequences.

Since 2001, California has seen at least five major chemical accidents necessitating investigations by the United States Chemical Safety Board. Most chemical facilities are in disadvantaged communities, which are disproportionately affected by these chemical risks. In response to past chemical accidents, California implemented the California Accidental Release Prevention (CalARP) Program in 1986. This program requires facilities to identify and mitigate chemical accident risks and follow strict safety protocols compatible with federal rules.

Attorney General Bonta has joined forces with counterparts from Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, Washington, Wisconsin, the District of Columbia, and Harris County, Texas, to file the motion.

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