As mentioned before in this blog, EPA has issued an enforcement memorandum indicating the agency is disposed to show some flexibility tin enforcing environmental standards during the nationwide economic shutdown as a result of the Corona virus pandemic. Predictably, the agency action has been met with litigation.
The liberal Attorneys General of nine States (New York, California, Illinois, Maryland, Michigan, Minnesota, Oregon, Vermont and Virginia) have filed a lawsuit in the federal court for the Southern District of New York (New York, et al. v. United States EPA, et al.; case 20-CV-3714, filed May 13,2020) alleging that the new policy is too vague and too broad; that the policy will result in more pollution and threats to human health and the environment; and that the agency lacks legal authority to loosen environmental restrictions in the manner done irrespective of the economy.
The lawsuit does not cite any actual harm that has so far occurred due to EPA's change in policy but argues only that all kinds of harm are threatened. EPA is expected to argue that any specific harm that occurs can be adjudicated on a case by case basis when, as and if the controversy becomes ripe for adjudication,
Comments