Environmental Enforcement Discretion Amid The COVID-19 Crisis

Environmental regulators have issued discretionary environmental enforcement guidance in recognition that the COVID-19 pandemic will compromise or even prevent environmental compliance in certain circumstances. In response to the debilitating combination of worker shortages, closure of non-essential businesses, and stay-at-home orders, EPA has issued a new enforcement policy, and Michigan's Department of Environment, Great Lakes and Energy (EGLE) has established an enforcement flexibility process that may offer some relief for your business operations.

EPA Policy

• The Scope. The EPA Policy is retroactive to March 13, 2020, temporary, and remains in effect until EPA elects to terminate the Policy upon seven days' advance notice to be posted on its website. The Policy applies (in lieu of other applicable EPA enforcement policies) to events of noncompliance that occur while the Policy is in effect, provided that the noncompliance results from COVID-19. Notably, the