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EPA Enforcement ‘Discretion’ During Pandemic Prompts Early Concerns

March 26, 2020
EPA is pledging to exercise “enforcement discretion” if facilities cannot meet certain legal obligations under agency regulations during the COVID-19 pandemic, but environmentalists and the Obama EPA’s enforcement chief fear the temporary plan will become an indefinite “nationwide waiver of environmental rules.” The March 26 guidance letter from Susan Bodine, EPA’s assistant administrator for Enforcement and Compliance Assurance, is addressed to “all governmental and private sector partners,” applies retroactively to March 13, generally allows facilities to defer routine civil compliance...

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