• Mark Ryan

EPA to Exercise Enforcement Discretion in Response to Covid-19

On March 26, 2020, EPA announced a new policy that it will exercise enforcement discretion for noncompliance that is caused by staffing shortages related to the Covid-19 outbreak. In order to qualify, regulated entities must comply with the general conditions of the guidance. See Policy pp. 2-3. The policy also sets out expectations for complying with reporting requirements and settlement agreements. Pages 4-6 of the policy set out the expectations for the operation of specific types of facilities. The Policy is temporary until the passage of the pandemic.

While many are distrustful of the current administration when it comes to CWA enforcement, I think this policy is a reasonable approach to an extremely difficult problem. I couldn't say that the Obama administration would not have done something similar.

Here is a link to the EPA policy statement:

9 views0 comments

Recent Posts

See All

New 2020 WOTUS Rule Challenge Filed

Two New Mexico tribes filed a new challenge to the 2020 WOTUS rule in the D. of New Mexico on March 29. This complaint sets itself apart from many of the others in that it asserts a failure to abide b

The CWA Blog is Retiring in June

Thirty-three years of practicing law is enough, and I'm retiring this year. Unfortunately, that also means the end of the CWA Blog. I've decided, after careful consideration, to send the Blog off into

Sackett Update

You will recall that the latest chapter of the long Sackett saga is that EPA filed a motion to dismiss the appeal as moot given that the old WOTUS rule, which is the basis of the Sackett challenge, is

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black