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

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

I chose Lion's online webinar because it is simple, effective, and easily accessible.

Jeremy Bost

Environmental Health & Safety Technician

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

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

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

Download Our Latest Whitepaper

Knowing why TSDFs reject loads of hazardous waste—and the exact steps to follow if it happens—can reduce your anxiety and uncertainty about rejection.

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.