News & Analysis as of

Environmental Violations Coronavirus/COVID-19

Maynard Nexsen

Environmental Compliance in the Time of COVID

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Beginning in March 2020, many state environmental regulators, including those in South Carolina, announced temporary policies or compliance assistance efforts intended to assist regulated businesses that might experience...more

Williams Mullen

EPA Announces Termination Date for COVID-19 Enforcement Policy

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Last March, EPA issued a memorandum entitled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.  The memorandum announced a temporary policy regarding EPA’s enforcement of environmental obligations...more

Burr & Forman

U.S. EPA Announces Termination Date For COVID-19 Enforcement Policy

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Three months after issuing its COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program temporary policy memorandum suspending enforcement of certain environmental requirements, the U.S. Environmental...more

Robinson & Cole LLP

EPA Announces Termination of COVID-19 Enforcement Discretion Policy

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The Environmental Protection Agency (EPA) has announced the scheduled termination of its controversial Enforcement Discretion Policy (Policy). In a memorandum dated June 29, 2020 (Memorandum), Susan Bodine, the Assistant...more

Womble Bond Dickinson

Some States Are Opposed to EPA’s COVID-19 Blanket Enforcement Policy

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On March 23, 2020, on behalf of its members and U.S. industry, the American Petroleum Institute (“API”) sent a letter to the EPA requesting a temporary waiver of non-essential compliance obligations, including recordkeeping,...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Litigation – Keeping the show on the road: the English courts give further guidance on adjournments and extensions of...

A recent judgment of the English High Court provides helpful guidance on the courts' approach to managing cases in response to the practical difficulties caused by the COVID-19 pandemic (Muncipio de Mariana and others v BHP...more

Seyfarth Shaw LLP

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

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Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more

Perkins Coie

DOJ Formally Ends Use of Supplemental Environmental Projects in Settlements

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Companies should be aware that Supplemental Environmental Projects (SEPs)—voluntary environmental or public health benefit projects in lieu of payment of civil penalties for violation of federal environmental laws—will no...more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #2

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U.S. EPA directive instructs regions to evaluate impact of COVID-19 on site clean-ups on a case-by-case basis - EPA – April 10 - The U.S. Environmental Protection Agency (EPA) today issued guidance to its eleven...more

Snell & Wilmer

Trump Eliminates Settlement Tool

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Somewhat lost amidst all the (well deserved) COVID-19 pandemic news that comes out daily, is a decision by the Justice Department regarding the settlement of environmental enforcement cases that will likely have profound...more

UB Greensfelder LLP

U.S. EPA May Excuse Violations Caused by COVID-19; States May Not Follow Suit

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On March 26, 2020, the U.S. Environmental Protection Agency (USEPA) issued a policy relaxing enforcement of some regulatory requirements in response to the COVID-19 pandemic. The policy applies retroactively to March 13,...more

McAfee & Taft

Amidst pandemic, EPA issues enforcement guidance

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On March 26, 2020, EPA provided written guidance regarding enforcement during the COVID-19 pandemic situation. Please note the following highlights...more

Stoel Rives LLP

MPCA Issues Guidance to Regulated Entities During COVID-19 Outbreak

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The coronavirus (COVID-19) pandemic has caused many regulated entities to adjust their operations and left some wondering how they will comply with regulatory obligations when employees are working remotely, contractors may...more

McGlinchey Stafford

Environmental Due Diligence In The Wake Of COVID-19

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The COVID-19 pandemic has the potential for impacting prospective purchasers of real estate from performing due diligence. The Bona Fide Prospective Purchaser (BFPP), the Innocent Landowner (ILO), and the Contiguous Property...more

McGuireWoods LLP

State Environmental Enforcement Policies During COVID-19 And Response To EPA “Discretion” Policy

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On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some incorrectly interpreted this...more

Holland & Hart LLP

EPA Issues Temporary Policy for Violations Caused By COVID-19

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On March 26, 2020 EPA issued a temporary policy for enforcement of environmental legal obligations during the COVID-19 pandemic. The policy provides the framework for the agency's use of its enforcement discretion where...more

Winthrop & Weinstine, P.A.

EPA and MPCA Announce Regulatory Flexibility

The United States Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA) have announced measures to allow regulated parties some relief from enforcement during the COVID-19 pandemic. U.S....more

Akin Gump Strauss Hauer & Feld LLP

EPA Enforcement Falls Victim to COVID-19

In response to requests for leniency as companies grapple with reduced workforces during the COVID-19 crisis, the U.S. Environmental Protection Agency (EPA) issued a temporary policy announcing that it will exercise...more

Stoel Rives LLP

Alaska Department of Environmental Conservation Issues No Action Assurance Memorandums in Response to COVID-19 Caused...

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Last week, the Alaska Department of Environmental Conservation (“ADEC”) issued two No Action Assurance Memorandums, one from the Division of Water (“Water Memo”) and one from the Division of Air Quality (“Air Memo”), to...more

Woods Rogers

UPDATE: Virginia DEQ Issues Temporary Environmental Enforcement Policy During COVID-19

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We posted an article regarding the issuance of temporary environmental enforcement policies by the Environmental Protection Agency (EPA) and some states.  In that article, we discussed the Virginia Department of Environmental...more

Brownstein Hyatt Farber Schreck

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more

Pullman & Comley, LLC

Company How To: Maintaining Environmental Enforcement Compliance

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The myriad of national and local responses to the COVID-19 pandemic—including, inter alia, forced business closings, stay-in-shelter orders, social distancing directives, and the like—present new challenges to entities with...more

Sheppard Mullin Richter & Hampton LLP

U.S. EPA’s Temporary COVID-19 Enforcement Discretion Policy

On Thursday, March 26, the United States Environmental Protection Agency (“EPA”) announced and issued a Memo establishing an agency-wide temporary enforcement policy suspending or staying a broad array of enforcement efforts...more

Kelley Drye & Warren LLP

EPA Issues Temporary COVID-19 Relaxed Enforcement Policy

On March 26, 2020, the U.S. Environmental Protection Agency (“EPA” or “Agency”) sent a Memorandum to all governmental and private sector partners titled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance...more

Snell & Wilmer

EPA Announces Enforcement Discretion Policy for Noncompliance Caused by COVID-19 Pandemic

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EPA announced on March 26, 2020 a temporary enforcement policy regarding EPA enforcement of environmental legal obligations. In general, EPA does not expect to seek penalties for violations of routine compliance monitoring,...more

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