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Temporary COVID-19 Enforcement Policy Issued by EPA

 

Understand the scope of the EPA's temporary enforcement policy and situations in which the policy will be implemented.

The EPA acknowledges that the travel and social distancing restrictions imposed by governments, along with guidance from other agencies, may affect facility operations and the availability of key staff and contractors, or the abilities of a facility or lab to analyze and report on samples; which, in turn, could affect a facility's ability to comply with certain reporting obligations and milestones, or meet enforceable limitations. Accordingly, on March 26, 2020, EPA announced it is temporarily relaxing enforcement of certain environmental legal obligations where noncompliance is due to or caused by the COVID-19 pandemic. With this temporary enforcement policy comes many questions including how and when it will be applied, compliance, monitoring and reporting issues. The EPA has also issued specific guidance related to CERCLA/RCRA field work with COVID-19 restrictions in place, and the measures outlined in that guidance to address noncompliance also raise important issues for responsible parties to consider when operating in this public health emergency.

Agenda

Faculty

Frank J. Deveau

Frank J. Deveau

Taft Stettinius & Hollister LLP

  • Partner in Taft Stettinius & Hollister LLP’s Indianapolis office and chair of the firm’s environmental practice group
  • Practice emphasizes all aspects of environmental law, including assisting clients in administrative proceedings, obtaining and maintaining compliance with solid and hazardous waste permits, air permits, water discharge permits, CAFO and CFO permits; he advises and defends clients in relation to environmental litigation involving private parties, and federal and state government
  • Member of Taft’s COVID-19 Task Force
  • Frequent author and speaker on various environmental law topics, including co-author of the books The Bona Fide Prospective Purchaser Defense to CERCLA Liability, ABA Publishing, 2013; and Environmental Liability and Insurance Recovery, ABA Publishing, 2012; as well as contributor to Taft’s environmental bi-monthly newsletter
  • Recognized in Chambers USA: America’s Leading Lawyers for Business, Best Lawyers® in America and Indiana Super Lawyers for environmental law
  • J.D. degree, summa cum laude, Indiana University Robert H. McKinney School of Law; A.B. degree, Indiana University
  • Can be contacted at 317-713-3520 or [email protected]
Kodi J. Verhalen

Kodi J. Verhalen

Taft Stettinius & Hollister LLP

  • Partner in Taft Stettinius & Hollister LLP’s Minneapolis office
  • Practice emphasizes all aspects of environmental and energy law and provides clients with strategic and business-minded solutions across many areas of regulation; counsels clients on environmental due diligence as part of business transactions; provides general environmental compliance assistance across all environmental media; assists in developing strategies around environmental management systems; manages a portfolio of discontinued operation sites with environmental contamination across the United States for a multinational company; represents a group of companies performing remediation activities at a federal Superfund site; assists clients in navigating environmental enforcement actions, self-reporting, and voluntary cleanup or remediation programs; and counsels clients on a variety of natural resource law issues
  • Licensed as a professional engineer in Minnesota
  • Recognized by the American Bar Association as one of the Top 40 Young Lawyers, 2018
  • Recognized as an Up and Coming Attorney by Minnesota Lawyer and a Minnesota Rising Star by Minnesota Super Lawyers
  • Inducted into the University of Minnesota Duluth Academy of Science and Engineering, 2018
  • J.D. degree, cum laude, William Mitchell College of Law; B.S. degree in chemical engineering, University of Minnesota at Duluth
  • Can be contacted at 612-977-8591 or [email protected]

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