Nine AGs Filed Lawsuit Challenging EPA Non-Enforcement Policy During COVID-19 Crisis

MAY 13, 2020

New York Attorney General Letitia James led a coalition of nine attorneys general in filing a lawsuit challenging the Environmental Protection Agency’s (EPA) “non-enforcement policy” that suspended enforcement actions under a range of environmental laws during the COVID-19 crisis. In their complaint, the attorneys general asserted that the EPA exceeded its authority by issuing such an “open-ended” policy, and warned that it “gives regulated parties free rein to self-determine when compliance with federal environmental laws is not practical because of COVID-19” and will likely lead to “reduced industry compliance with substantive requirements, an increased risk of chemical accidents and releases” and other harms.