AG Mark Herring Calls on EPA to Rescind Policy Limiting Enforcement of Federal Civil Enviro, Public Health Laws

“Just because our country is in the middle of a national health crisis does not mean that EPA can shirk their responsibilities and stop enforcing critical environmental laws and regulations,” said Attorney General Herring. “Many of these laws and regulations are directly tied to cleaner air, cutting down on the kinds of respiratory conditions that could increase the risk for serious complications with COVID-19. While our country continues to battle with a virus that is known to have a disproportionately negative affect on individuals with respiratory conditions, we must put more effort into enforcing these laws and keeping pollution out of our air not less.”

While it is important that EPA considers impacts of COVID-19 safeguards with respect to industry’s ability to comply with certain environmental laws, we cannot allow them to cease enforcement altogether.”

Additionally, Attorney General Herring and his colleagues issued the following statement along with the letter: “As the chief law enforcement officers of our states, we are greatly concerned by the EPA’s announcement of a nationwide policy significantly curtailing enforcement of our nation’s bedrock environmental and public health laws. Although it is appropriate for EPA to consider whether safeguards against the coronavirus impact the ability of industry to comply, the agency cannot—in the midst of a public health crisis—lose sight of its mission to protect public health and the environment. Because the policy turns a blind eye to the impacts on our communities of more pollution and lesser accountability, we strongly urge EPA to rescind it. We will continue to enforce our state environmental laws in a reasonable manner, and stand ready to hold regulated entities accountable under critical federal environmental laws if EPA will not.”

On March 26, EPA issued a policy entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” The policy, which applies retroactively to March 13, has no end date. EPA states in the policy that it does not intend to take enforcement action against companies that, for example, violate existing reporting and monitoring requirements, provided that the companies draw a nexus between COVID-19 and their noncompliance. Absent any requirement to provide EPA, states, tribes, or the public with notice of such noncompliance, fence line communities—often low income and minority communities—could be exposed to harmful pollution without adequate warning. This is made more troubling by EPA’s statement in the policy that it may forego enforcement even in situations where a polluter’s noncompliance presents an imminent threat to public health or the environment. The policy also ignores the connection between air pollution and cardiovascular and respiratory conditions (e.g., asthma), which may increase risk of serious harms—including premature death—for individuals who contract the COVID-19 virus. EPA can provide guidance to companies without putting the health of our communities at even greater risk than they are already facing.

Following Governor Northam’s state of emergency declaration, Attorney General Herring has taken many actions to help Virginians navigate the uncertainty surrounding the COVID19 pandemic. Attorney General Herring has:

• Successfully petitioned the SCC to put a hold on all utility disconnections and, in response to a second request from Attorney General Herring, the SCC extended that freeze and suspended all late fees for the duration of the state of emergency
• Reviewed price gouging complaints from around the Commonwealth with his Consumer Protection Section and investigated any potential violations and pursued violators, including sending warning letters to dozens of businesses about which Virginians have complained
• Issued numerous warnings urging Virginians to be wary of COVID19 related scams as well as scams related to the federal stimulus package
• Issued an advisory opinion outlining the authority of public bodies, including local governments, to conduct meetings and critical public business while meeting social distancing needs and important transparency and accountability obligations
• Sent letters to Amazon, Facebook, Craigslist, Ebay, and Walmart urging them to more rigorously monitor price gouging practices by online sellers who are using their services
• Urged Virginians who have lost or could lose their jobs due to the COVID-19 health crisis to evaluate their insurance options to make sure that they remain covered during this unprecedented national health crisis

Additionally, Attorney General Herring has urged the Trump Administration to take many different actions to protect Virginians and Americans during this time including:

• Utilize the Defense Production Act to immediately prioritize the production of personal protective equipment and ventilators
• Provide federal student loan borrowers with crucial emergency protections
• Suspend Department of Veterans Affairs deadlines and debt collection activities
• Instate special enrollment periods on HealthCare.Gov and develop and implement an outreach plan to inform the millions of Americans who have lost or will lose their employer-sponsored health insurance coverage about the Special Enrollment Period available to them through HealthCare.Gov

Joining Attorney General Herring in today’s letter are the attorneys general of Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Pennsylvania, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.