ARTICLE
22 April 2020

A Reprieve For The Routine: EPA To Relax Enforcement Of Certain Obligations During COVID-19 Crisis

AG
Akin Gump Strauss Hauer & Feld LLP

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Seeking to provide a reprieve for companies contending with disruptions caused by the COVID-19 pandemic, the U.S. Environmental Protection Agency (EPA)
United States Coronavirus (COVID-19)

Seeking to provide a reprieve for companies contending with disruptions caused by the COVID-19 pandemic, the U.S. Environmental Protection Agency (EPA) announced a temporary policy relaxing enforcement of most routine operational and maintenance obligations affected by the outbreak. The policy, which applies retroactively from March 13, 2020, until further notice, applies to obligations established by federal environmental permits, settlement agreements, regulations and statutes the Agency enforces.1 Amidst a backdrop of halted facility operations, limited availability of key staff and contractors, and reduced or suspended laboratory analysis throughout the nation, EPA's policy offers some leniency to companies struggling to maintain compliance during the crisis.

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Footnote

1 Memorandum from Susan Parker Bodine, U.S. Envtl. Protection Agency, to All Governmental and Private Sector Partners (Mar. 26, 2020), https://www.epa.gov/sites/production/files/2020-03/documents/oecamemooncovid19implications.pdf.

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