The United States Environmental Protection Agency (U.S. EPA) has issued guidance in response to the substantial uncertainty and disruption the COVID-19 pandemic has caused regarding compliance with various federal environmental laws, regulations and permit requirements. In a memorandum issued March 26, 2020, U.S. EPA set forth the agency’s temporary position to exercise enforcement discretion and not seek penalties for specified categories of environmental noncompliance while emphasizing the need to make best efforts to comply and protect human health and the environment. Many state agencies have followed U.S. EPA’s lead in implementing environmental enforcement discretion policies. For ease of reference, we have compiled a chart summarizing the policies of the U.S. EPA and all 50 states, plus Washington, D.C., and published it on our website: COVID-19 Environmental Enforcement Discretion Policies: U.S. EPA & 50-State Guide We will update the chart as necessary to reflect changes in policies. If you would like to receive updated versions of the chart when available, please email Debi Jones. This summary is not intended as legal advice. Companies should be aware that information related to the COVID-19 pandemic continues to evolve and is subject to change.
May 2020 Thompson Hine is assisting clients with a wide variety of issues pertaining to COVID-19 impacts on environmental laws and is ready to help others in need of guidance. For more information, please contact: Wray Blattner Nathan C. Hunt Božana Lundberg Jean-Luc Kreitner* *Jean-Luc is not admitted to practice in Ohio. He is admitted to practice only in Illinois. or any member of our Environmental group. Additional Resources We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our COVID-19 Task Force page for additional information and resources. Subscribe to other Thompson Hine publications.
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