Overland Park

In the United States, COVID-19 has presented unique challenges to continuous environmental compliance at many facilities, particularly in jurisdictions where emergency orders prohibit most employees from even entering the work place.  The facility staff needed to prevent a catastrophic release of a chemical or other pollutant are likely to be “essential employees” that must report to duty.  But it is less clear that the same classification applies to the staff responsible for the paperwork and other recurring obligations that the raft of environmental laws, regulations, permits and consent orders that may apply to facility operations requires.  Put simply, COVID-19 has stretched many regulated entities thin, and they are struggling to achieve continuous compliance. In response, on March 26, 2020, the U.S. Environmental Protection Agency (“EPA”) announced a temporary Policy describing the enforcement-forbearance approach that the EPA would take during the COVID-19 pandemic.  This alert provides an overview of the EPA Policy’s applicability, how to qualify for enforcement forbearance, limitations on the Policy and its applicability, and additional guidance that the EPA has offered.  The alert concludes with a “take away” offering final thoughts.