9th Circuit Weighs Scope Of EPA Facility Safety Rule, Eyeing Loper Bright

A three-judge appellate panel is evaluating whether EPA correctly determined that it has authority to regulate rail cars as a “stationary source” under its Risk Management Program (RMP) and emergency planning rules for facility safety, questioning how it should review the agency’s interpretation since the high court eliminated Chevron deference. Pending before the U.S. Court of Appeals for the 9th Circuit, the suit, United States v. Multistar Industries, Inc. , marks a challenge over EPA’s enforcement action against Multistar...