EPA Guidance on Remedial Work During the COVID-19 Emergency

Foley Hoag LLP - Environmental Law
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Foley Hoag LLP - Environmental Law

I hope that I am not struck down for saying this, but EPA’s guidance on doing remedial work during the COVID-19 emergency is reasonable and appropriate.  At the risk of oversimplifying, it basically has two requirements:

  1. Consider the benefits to be obtained by performing the work, and prioritize work intended to eliminate or abate serious hazards that are imminent, such as immediate risks to indoor air or drinking water supplies; and
  2. Consider the risks to remedial workers and the public from proceeding with on-site work and identify those types of work most likely to create significant risk of exposure to the virus that causes COVID-19.  Examples here would include residential sampling that necessitates going into people’s homes.

The Guidance then basically says to assess such benefits and risks and continue with work that addresses serious and imminent risks to the public without creating unreasonable risks of exposure to COVID-19.

Who can argue with that?

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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