News & Analysis as of

Environmental Protection Agency (EPA) Coronavirus/COVID-19 Enforcement Actions

Kelley Drye & Warren LLP

EPA Extends Coronavirus Enforcement Against On-Line Sales of Unregistered Disinfectants

Earlier this week, EPA issued another “stop sale” order to Amazon directing the company to take steps to prevent the continued sale “of potentially dangerous or ineffective unregistered pesticides and pesticide devices making...more

Kelley Drye & Warren LLP

Biden EPA Continues Aggressive Enforcement Against Disinfectant Products and UV Devices Claiming to Kill Coronavirus

One of the few areas of EPA policy continuity between the Biden and Trump eras is the aggressive enforcement attention being paid to products that claim to fight the SARS-CoV-2 coronavirus....more

Pillsbury - Policyholder Pulse blog

Is Your Insurance Program Ready for the Biden Administration?

The Biden administration has hit the ground running with executive orders, regulatory and legislative priorities, and cabinet-level and other top posts being announced on a daily basis. Our public policy colleagues have been...more

Vinson & Elkins LLP

Review Your Environmental, Health And Safety Management Systems To Minimize Regulatory Enforcement Risks Post-Quarantine

Vinson & Elkins LLP on

On March 26, 2020, as government officials issued a slew of stay-at-home orders, the U.S. Environmental Protection Agency (EPA) published an emergency policy memorandum describing how the agency would exercise its enforcement...more

Burr & Forman

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

Burr & Forman on

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

Robinson & Cole LLP on

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

Snell & Wilmer

States Challenge EPA’s COVID-19 Enforcement Policy

Snell & Wilmer on

In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19. In a nutshell, these policies essentially clarified the enforcement...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Akin Gump Strauss Hauer & Feld LLP

EPA May Again Update Enforcement and Cleanup Policies in Light of New COVID-19 Executive Order

President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery on May 19. Generally, the Order directs federal agencies to respond to the COVID-19 crisis by “rescinding, modifying, waiving, or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coronavirus ("COVID-19)/U.S. Environmental Protection Agency Temporary Policy Addressing Enforcement Discretion: Environmental...

A number of environmental organizations filed an April 16th lawsuit in the United States District Court for the Southern District of New York challenging the United States Environmental Protection Agency’s (“EPA”) Temporary...more

Troutman Pepper

DOJ Offers Reprieve from Stipulated Penalty Payments Through at Least May 31 in Response to COVID-19

Troutman Pepper on

The U.S. Department of Justice (DOJ) is quietly taking steps to provide financial relief during the COVID-19 pandemic. In an April 14 model letter, DOJ offered to temporarily suspend its collection of stipulated penalty...more

Clark Hill PLC

EHS Compliance and COVID-19: What EHS Executives Can Do Now (and as soon as the Dust Settles) - Updated

Clark Hill PLC on

This newsletter was updated April 17, 2020 to include recent guidance from California concerning regulatory compliance requirements. In the original newsletter below, we discussed two tools that may help Environmental,...more

Blank Rome LLP

EPA Takes a Case-by-Case Approach in New Guidance for Cleanups and Emergency Response Actions: A First in Its History

Blank Rome LLP on

On April 10, the U.S. Environmental Protection Agency (“EPA”) released its latest coronavirus COVID-19 Guidance addressing cleanups and emergency response actions that are being conducted under various environmental laws,...more

Hinshaw & Culbertson LLP

U.S. EPA Issues COVID-19 Enforcement Policy

Below is a link to the temporary policy issued March 26, 2020 by the United States Environmental Protection Agency (EPA), which explicitly provides a vehicle for companies and facilities to avoid penalties for non-compliance...more

Snell & Wilmer

ADEQ Issues COVID-19 Memo of Compliance & Enforcement

Snell & Wilmer on

On March 31, 2020, the Arizona Department of Environmental Quality (ADEQ) issued a Memorandum of Compliance and Enforcement Implementation During COVID-19. This memo of compliance is consistent with the March 26, 2020 United...more

Clark Hill PLC

EHS Compliance and COVID-19: What EHS Executives Can Do Now (and as soon as the Dust Settles)

Clark Hill PLC on

This newsletter was updated April 13. In the original newsletter below, we discussed two tools that may help Environmental, Health, and Safety (EHS) management respond to non-compliance arising from COVID-19: Agency...more

UB Greensfelder LLP

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

UB Greensfelder LLP on

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

McGlinchey Stafford

Do we need to comply with EPA regulations during COVID-19?

McGlinchey Stafford on

EPA issues enforcement discretion policy during COVID-19 crisis - On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued guidance on how it will exercise its enforcement discretion in light of the COVID-19...more

Vedder Price

COVID-19 Implications for the U.S. EPA’s Enforcement and Compliance Assurance Program

Vedder Price on

On Thursday, March 26, 2020, the United States Environmental Protection Agency (U.S. EPA) announced an Enforcement Discretion Policy for the COVID-19 Pandemic. Being mindful of the health and safety of the public, as well as...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...

Stoel Rives LLP on

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

Foley Hoag LLP - Environmental Law

EPA Enforcement (or not) in a COVID-19 Emergency

Last week, Susan Bodine, EPA Assistant Administrator for Enforcement and Compliance Assurance, issued a memorandum stating that EPA would exercise its enforcement discretion and not take enforcement action against entities...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

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

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