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ARTICLE · 20 APRIL 2020

Environmental Enforcement Discretion Guidance From U.S. EPA For COVID-19 Disruptions

Ward and Smith, P.A
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On Thursday, March 26, 2020, the U.S. Environmental Protection Agency ("EPA") published guidance for how it will enforce environmental legal obligations during the COVID-19 pandemic. 

United StatesEnvironment
Amy Wang
Amy Wang

On Thursday, March 26, 2020, the U.S. Environmental Protection Agency ("EPA") published guidance for how it will enforce environmental legal obligations during the COVID-19 pandemic. 

The temporary policy, which is retroactive to March 13, 2020, will apply to actions or omissions that occur while the policy is in effect, even after the policy terminates.

The EPA adopted the temporary policy in recognition of potential worker shortages, availability of staffing and key personnel, and the impacts of travel and social distancing restrictions to limit the spread of COVID-19 that may cause constraints on a facility or laboratory to carry out certain activities required by federal permits, regulations, and statutes.  The enforcement discretion policy applies to those making good faith efforts to comply with obligations.  Regulated entities can focus on four main components: 

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