EPA’s COVID-19 “Enforcement Discretion” Policy Challenged in Suit Commenced by Nine States’ Attorneys General

The United States Environmental Protection Agency (U.S. EPA) continues to face backlash over its policy relaxing certain monitoring and reporting obligations under various federal environmental laws amid the COVID-19 pandemic. Last week nine states’ attorneys general sued the U.S. EPA in the Southern District of New York in the action titled State of New York et al. v. U.S. Environmental Protection Agency et al., No. 1:20-cv-03714, in which New York, California, Illinois, Maryland, Michigan, Minnesota, Oregon, Vermont, and Virginia contend the U.S. EPA’s decision …

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