ELR Citation: 45 ELR 20095
No(s). 14-1149 (D.C. Cir. May 19, 2015)

The D.C. Circuit ordered EPA to submit a timeline for when it will issue its financial assurance rules under CERCLA to ensure that industries that handle hazardous substances have the financial means to clean up any releases. It has been nearly 30 years since Congress charged EPA with issuing such rules, yet the Agency has failed to act. Petitioners originally requested a January 2016 deadline, but that date is no longer feasible. The court, therefore, ordered the petitioners to update the time frame for rulemaking they seek in their petition for mandamus. The court also ordered EPA to update its schedule for rulemaking. In particular, given that EPA recently completed its framework for the hardrock mining industry, the parties must identify the date by which EPA will publish proposed and final financial assurance rules for the hardrock mining industry. The schedule must also include the date by which EPA will determine whether to issue a notice of proposed rulemaking for the chemical manufacturing, petroleum and coal products manufacturing, and electric power generation, transmission, and distribution industries. If EPA decides to proceed, the timeline for promulgating the proposed and final rules for those industries must be included as well. Both parties' submissions are due June 9, 2015.