May 18, 2020
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
Nine State Attorney Generals filed a May 13th Complaint in the United States District Court for the Southern District of New York challenging the United States Environmental Protection Agency’s (“EPA”) memorandum (“Memorandum”) addressing “Temporary COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.”
A previous blog post describing the Memorandum can be found here.
The State Attorney Generals (collectively “State AGs”) filing the Complaint include:
- State of New York
- State of California
- State of Illinois
- State of Maryland
- People of the State of Michigan
- State of Minnesota
- State of Oregon
- State of Vermont
- Commonwealth of Virginia
The Memorandum was stated to have been prepared as the agency’s response to the COVID-19 pandemic and its effect on the regulated community. Its purpose is described as providing regulatory relief to affected facilities while maintaining environmental protection.
The arguments articulated in the State AG’s Complaint include:
- The Memorandum is overly broad, lacks transparency and accountability
- Higher pollution emissions by industry will result with corresponding impacts on public health and the environment
- EPA lacks the legal authority to effectively waive critical monitoring and reporting obligations
- Failure to consider the adverse impacts on public health that the policy will have amidst the pandemic
- States’ informational interest are injured
A copy of the Complaint can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.