This article originally appeared in Bloomberg Law's
Environment & Energy Report. Reproduced with permission.
Published May 8, 2020. Copyright 2020 The Bureau of National
Affairs, Inc.
The Federal Environmental Protection Agency issued a policy memorandum March
26 regarding how it will exercise enforcement discretion in light
of the COVID-19 pandemic.
While the policy has drawn innumerable articles discussing its
contents, this article strives to examine the policy's
practical implications. Documentation and reporting are at the core
of this new EPA policy.
To be clear, the EPA's expectation is compliance. All permit
requirements, regulations, and statutes remain in force. The EPA
has been very explicit on this. In a March 30 press release and an April 2 letter
response to Congress, the EPA sent a strong
message that it was still on the job and the policy is not to be
construed as a license to pollute.
