The EPA set forth a temporary policy regarding enforcement of environmental legal obligations as regulated entities respond to the COVID-19 pandemic.
By Karen Aldridge Crawford
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On March 26, 2020, Susan Bodine, the assistant administrator for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), issued a memorandum setting forth a temporary policy regarding EPA enforcement of environmental legal obligations as regulated entities respond to the COVID-19 pandemic. Under the policy, the EPA will exercise discretion for noncompliance covered by the temporary policy and resulting from the COVID-19 pandemic. This policy will be applied to noncompliance within its scope in lieu of an otherwise applicable EPA enforcement policy. The policy will apply retroactively, beginning on March 13, 2020, and be in effect until terminated. The self-disclosure program remains available.