EPA May Again Update Enforcement and Cleanup Policies in Light of New COVID-19 Executive Order

May 22, 2020

Reading Time : 1 min

It remains to be seen how the U.S. Environmental Protection Agency (EPA) (and, frankly, other regulatory agencies) will respond to the Order in ongoing and future rulemaking and enforcement decisions. EPA itself stated it is “continuing to do its part to address COVID-19 while moving forward with a regulatory reform agenda,” and will “work to assess which EPA regulations might be available to streamline in order to achieve” the Order’s goals.2 EPA is ahead of the curve, having issued temporary guidance regarding its enforcement discretion and site field work during the pandemic over the past two months.3 (We discussed those guidance documents here and here.) Although both policies already provided broad flexibility, EPA may still update them in light of the Order’s directives and a growing understanding that the disruptions caused by the pandemic will not be short term. At the same time, however, EPA’s temporary enforcement discretion policy has generated significant concern among some members of Congress, and further enhancements to regulatory flexibilities could sow more discord with key legislators in oversight roles.4 In any event, regulated entities may get a sneak preview of any additional guidance when EPA publishes its Spring 2020 Unified Agenda, expected in the coming weeks. We will monitor that closely to see if it foreshadows further rollbacks, delays or other regulatory efforts to address the pandemic. Stay tuned for updates.


1 https://www.whitehouse.gov/presidential-actions/executive-order-regulatory-relief-support-economic-recovery/.

2 https://thehill.com/homenews/administration/498614-trump-orders-agencies-to-cut-regulations-that-inhibit-economic.

3 https://www.epa.gov/sites/production/files/2020-03/documents/oecamemooncovid19implications.pdf.

4 https://thehill.com/policy/energy-environment/498813-epas-wheeler-grilled-by-democrats-over-environmental-rollbacks-amid.

Share This Insight

Previous Entries

Speaking Energy

March 10, 2025

On March 5, 2025, the United States Department of Energy (DOE) approved Golden Pass LNG Terminal LLC’s (GPLNG) request to extend a deadline to begin exporting liquefied natural gas (LNG) from its terminal facility currently under construction in Sabine Pass, Texas for 18 months, from September 30, 2025, to March 31, 2027 (the Order). The Order amends GPLNG’s two existing long-term orders authorizing the export of domestically produced LNG to countries with which the United States does and does not have free trade agreements (FTA).1  The Order does not amend the authorizations’ end date, which remains December 31, 2050. Under section 3 of the Natural Gas Act (NGA), the DOE may authorize exports to non-FTA countries following completion of a “public interest” review, whereas exports to FTA countries are deemed to be in the public interest and the DOE is directed to issue authorizations without modification or delay.

...

Read More

Speaking Energy

March 4, 2025

Join projects & energy transition partner Shariff Barakat at Infocast’s Solar & Wind, where he will moderate the “Tax Equity Market Dynamics” panel.

...

Read More

Speaking Energy

February 13, 2025

Oil & gas companies continue to identify and capitalize on opportunities related to the deployment of new energy technologies, with their approaches broadly maturing and coalescing around maximizing synergies, leveraging available subsidies and responding to regulatory drivers.

...

Read More

Speaking Energy

February 11, 2025

On January 30, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (OE) and Stronghold Digital Mining Inc. (Stronghold) resolving an investigation into whether Stronghold had violated the PJM Interconnection, L.L.C. (PJM) tariff and Commission regulations by limiting the quantity of energy made available to the market to serve a co-located Bitcoin mining operation.1 This order appears to be the first instance of a public enforcement action involving co-located load and generation and comes at a time when both FERC and market operators2 are scrutinizing the treatment of co-located load due to the rapid increase in demand associated with data center development.

...

Read More

Speaking Energy

February 5, 2025

2024 was about post-consolidation deal flow and a steady uptick in activity across the oil & gas market. This year, mergers & acquisitions (M&A) activity looks set to take on a different tone as major consolidation plays bed down.

...

Read More

Speaking Energy

January 30, 2025

The oil & gas industry is experiencing a capital resurgence, driven by stabilizing interest rates and renewed attention from institutional investors. Private equity is leading the charge with private credit filling the void in traditional energy finance and hybrid capital instruments gaining in popularity. Family offices are also playing a crucial role, providing long-term, flexible investments.

...

Read More

Speaking Energy

January 23, 2025

Under a second Trump presidency, the U.S. is expected to consider reversal of many of the Biden administration’s climate and environmental policies, in addition to a markedly different approach to trade policy and oil & gas regulation. This includes expanding oil & gas development on public lands and offshore, lifting the pause on liquified natural gas (LNG) exports to non-Free Trade Agreement countries and repealing the methane fee.

...

Read More

Speaking Energy

January 15, 2025

We are pleased to share a recording of Akin’s recently presented webinar, “Drilling Down: What Oil & Gas Companies Can Expect from Federal Agencies During Trump’s Second Administration.”

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.