9 States Challenge EPA’s COVID-19 Enforcement Policy

Posted on 5/18/2020 by Roger Marks

Attorneys General from nine states filed suit against US EPA over the agency’s Temporary Policy on environmental enforcement during the COVID-19 public health emergency.

The states filed the complaint to “challenge a final agency policy under which EPA has stated it ‘will not’ enforce a wide range of monitoring and reporting requirements under federal environmental laws” on May 13 in the US District Court for the Southern District of New York.

Attorneys General from California, Illinois, Maryland, Michigan, Minnesota, New York, Oregon, Vermont, and Virginia have this to say about EPA’s COVID-19 enforcement policy:

“…rather than exercising enforcement discretion as authorized by law, EPA issued a broad, open-ended policy that gives regulated parties free rein to self-determine when compliance with federal environmental laws is not practical because of COVID-19.”

Issued on March 26, 2020, EPA’s temporary enforcement policy applies to civil violations of routine environmental monitoring and reporting obligations.

Petition for Emergency Rulemaking

These nine states are not the first to file suit concerning EPA’s COVID-19 policy.

On April 1, groups including the National Resources Defense Council (NRDC) petitioned EPA to create an emergency rulemaking that would obligate companies to inform the public of their intention invoke the COVID-19 defense. After waiting two weeks for a response from EPA, the groups filed suit on April 16.

The suit asks the Court “to order EPA to respond to the emergency rulemaking petition as soon as possible.”

Convenient, Effective Online EHS Manager Training

Managing site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, EPCRA, CERLCA, and more—is a major challenge. If you’re new to the field or need an update on changing EPA rules, online training is a convenient way to quickly build in-depth expertise.

Check out the latest EPA compliance training courses:
Complete Environmental Regulations
Clean Air Act Regulations Online
TSCA Regulations Online
Clean Water Act & SDWA Regulations Online
Superfund and Right-to-Know Act Regulations Online

Find a Post

Search for:

Compliance Topics

Compliance Archives

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

The course is well thought out and organized in a way that leads to a clearer understanding of the total training.

David Baily

Hazmat Shipping Professional

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

Download Our Latest Whitepaper

Just starting out with shipping lithium batteries? The four fundamental concepts in this guide are the place to start.

Download

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.