United States v. Multistar Industries, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 10 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-3765 D.C. No. Plaintiff - Appellee, 2:21-cv-00262-TOR v.

MEMORANDUM*

MULTISTAR INDUSTRIES, INC.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Argued and Submitted November 20, 2024 Seattle, Washington

Before: McKEOWN, GOULD, and H.A. THOMAS, Circuit Judges.

This appeal involves the United States’ (“the Government’s”) enforcement

of Section 112(r) of the Clean Air Act (“CAA”) and the Environmental Protection

Agency’s (“EPA’s”) implementing regulations (the “Risk Management Program”),

and the Emergency Planning and Community Right-to-Know Act (“EPCRA”)

against Multistar Industries, Inc. (“Multistar”) for storing railroad cars containing

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. trimethylamine (“TMA”), a regulated hazardous substance,…