EPA's Temporary COVID-19 Policy on Enforcement

Nelson Mullins Riley & Scarborough LLP

Susan Bodine, the assistant administrator for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), issued a memorandum on March 26 setting forth a temporary policy regarding EPA enforcement of environmental legal obligations as regulated entities respond to the COVID-19 pandemic. Under the policy, the EPA will exercise discretion for noncompliance covered by the temporary policy and resulting from the COVID-19 pandemic. This policy will be applied to noncompliance within its scope in lieu of an otherwise applicable EPA enforcement policy. The policy will apply retroactively, beginning on March 13, 2020, and be in effect until terminated. The self-disclosure program remains available.

Originally published in ABA Environmental & Energy Litigation Newsletter - July 2020.

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