On March 26, 2020, US EPA issued a temporary policy regarding enforcement of routine monitoring, recordkeeping, and reporting violations caused by the COVID-19 pandemic. As discussed in an earlier blog post, US EPA’s temporary policy sets out the Agency’s overall policy to exercise of enforcement discretion during the COVID-19 pandemic and generally not seek penalties … Continue Reading
On June 12, 2019, the US Environmental Protection Agency (US EPA) announced its seven enforcement and compliance assurance priority areas for fiscal years 2020-2023. One of the National Compliance Initiatives includes “Stopping Aftermarket Defeat Devices for Vehicles and Engines.” Specifically, the Agency expressed that it will have a focus on reducing aftermarket defeat device manufacture, … Continue Reading
Earlier this month, the Ninth Circuit affirmed the dismissal of environmental groups’ Clean Air Act (CAA) citizen-suit actions against US EPA. The court held that US EPA does not have a nondiscretionary duty to promulgate revised Prevention of Significant Deterioration (PSD) regulations when it revises a National Ambient Air Quality Standard (NAAQS). The Plaintiffs – … Continue Reading