The U.S. Environmental Protection Agency (EPA) has communicated that it is reassessing the current protection plan against chemical disasters. Haynes Boone Crisis Management Practice Group Chair Lauren Brogdon spoke to National Law Journal about what to expect from the predicted rule change.
By filing for a stay of abeyance, the EPA is signaling that the states’ lawsuit will become moot after it changes the rule, Brogdon told National Law Journal.
The Biden rule technically remains in effect, but the EPA has indicated it will likely be walked back before the 2027 compliance deadline, she added.
Brogdon said it is too early to speculate exactly how the RMP rule will be altered by the Trump administration.
"[But] it's almost certainly going to be something more akin to what we saw before the Biden-era requirements were implemented," Brogdon added.
"It's going to be less strict and probably require a lot less of the public disclosure and policies and procedures” of the rule finalized in May, she said.
