Environmental Law Monitor

Coronavirus Molecule

EPA and States Issue Temporary Environmental Enforcement Policies During COVID-19

The increased limitations on day-to-day life resulting from efforts to slow the spread of COVID-19 have made previously routine regulatory compliance efforts more difficult.  In some cases, regulated entities may find that they are unable to comply with certain requirements imposed by regulations, a settlement agreement, or a consent decree.  For example, a hazardous waste generator may find it difficult to arrange for the transportation ...
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Environmental Enforcement Agreements, Force Majeure Provisions, & COVID-19: Now is the Time to Review Your Consent Order and Assess Your Options

Much has already been written regarding the potential of COVID-19 to impact construction or development projects.   For example, businesses may experience personnel or material shortages, or stoppages that result from Government-directed actions.  These delays jeopardize project timelines and place businesses in vulnerable positions regarding liquidated damages or other contract penalties.   These businesses are reviewing their contracts to see whether they may seek relief pursuant to ...
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Environment 3

DOJ Ends Use of SEPs In Civil Enforcement Actions

In an immediate change to Department of Justice (DOJ) policy, the Assistant Attorney General for the Environment and Natural Resources Division, Jeffrey Bossert Clark, issued a memorandum on March 12, 2020 that ends the use of Supplemental Environmental Projects (SEPs) in federal environmental enforcement actions.     SEPs are environmentally beneficial projects not required by law, but that a defendant agrees to undertake as part of ...
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