Regulatory Update: EPA issues temporary enforcement policy in response to COVID-19 Pandemic

The US Environmental Protection Agency (EPA) has announced a temporary enforcement policy in the wake of the COVID-19 pandemic. Prior to the policy the EPA was inundated with questions about how to handle current situations where COVID-19 imposed restrictions prevented enforcement tasks from being completed. The Agency recognizes that work shortages, travel restrictions, and social distancing caused by the pandemic will have an impact on ability to enforce compliance with federal environmental regulations. In response to these projections the EPA has issued a temporary policy that outlines how they intend to "exercise enforcement discretion" with respect to certain compliance situations.

On April 2, 2020 The US EPA sent a letter to members of congress clarifying the temporary enforcement policy. This letter aimed to reassure federal lawmakers and the regulated community that EPA's enforcement activities will remain active and to address concerns caused by the release of the temporary policy. Upon release of the policy many questions arose as to whether or not enforcement activities will halt altogether and if the Agency intends to address enforcement needs for violations that may occur during and as a result of the pandemic. "To be clear, EPA continues to enforce our nation's environmental laws".

Full text of the temporary enforcement policy and additional resources including clarifying letters to congress are listed below.

EPA Temporary Enforcement Policy
April 2, 2020 Letters to congress
COVID-19 Enforcement and Compliance Resources

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