Today, EPA issued its “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” This guidance provides important information for regulated entities, consultants, EPA’s partners, and the public concerning response actions at Superfund and RCRA sites. It is a follow-up to EPA’s previous Memorandum on March 27, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program,” which did not cover CERCLA and RCRA response actions and enforcement actions, […]

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As defined by the federal government, the food supply, including all food facilities and the agriculture industry, makes up critical infrastructure from farm to table and includes assets, systems, networks, and functions that provide vital services to the nation. It is essential that the food supply and associated supply chains are protected, and remain operational, including a workforce that is vital to production of the food supply. Promoting the ability […]

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After our post about COVID-19 and the EPA’s Enforcement Discretion Guidance Memo, we received follow up questions. Although this blog does not provide legal advice, we thought this was a critical question to consider. How do environmental consultants abide by “stay-at-home” orders and environmental agency regulatory requirements simultaneously? Although the analysis varies state by state, generally speaking, environmental investigation and remediation necessary to protect against imminent harm to public health […]

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On March 26, the U.S. Environmental Protection Agency (EPA) issued “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program,” explaining how EPA plans to exercise enforcement discretion in response to certain forms of noncompliance, or delays in compliance, that are caused by COVID-19. The policy is retroactive to March 13, 2020, and EPA will provide seven days’ advance notice prior to terminating the temporary policy. COVID-19 Compliance Policy The purpose […]

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