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States File Challenge Against EPA COVID-19 Enforcement Discretion Policy

Earlier this week, New York and eight other states filed a challenge against EPA’s policy on enforcement discretion during the coronavirus pandemic. The policy central to the lawsuit, COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program, was Environmental Protection Agency building | The Environmental… | Flickrreleased on March 26, 2020, and announces EPA will consider impacts from the COVID-19 pandemic, when determining whether enforcement response is appropriate when companies are unable to report or monitor pollution releases due to disruptions in their operations. The policy applies retroactively to March 13 with no end date. The states ledge that the policy exceeds EPA’s authority, the Agency is abdicating its responsibilities, and the Agency did not follow the proper notice and comment required under the Administrative Procedure Act. Other states joining New York on the suit are California, Illinois, Maryland, Michigan, Minnesota, Oregon, Vermont and Virginia.