08 April 2020

Groups Petition EPA for Emergency Rulemaking in Response to EPA’s COVID-19 Enforcement Discretion Policy

On April 1, 2020, environmental groups petitioned the U.S. Environmental Protection Agency (EPA) for an emergency rulemaking within seven days under the Administrative Procedure Act and the First Amendment to require companies to disclose when they stop monitoring or reporting under existing requirements, and the justification for doing so, if they make use of EPA’s March 26, 2020, enforcement discretion guidance addressing the COVID-19 pandemic. The petition also requests that the agency publish such information within one day of receiving notice from a company. In response to congressional inquiries, EPA has defended its action as a reasonable and temporary measure needed in an unprecedented time.