State Of Enviro Enforcement After Trump's Deregulatory Order

The Trump administration recently issued Executive Order 13924, which instructs agencies, including the U.S. Environmental Protection Agency and the U.S. Department of Justice to assist reopening businesses and address the economic impacts of the COVID-19 pandemic. The EO aims to accomplish those objectives by promoting the exercise of enforcement discretion and deregulation, provided those measures are consistent with protecting public health and maintaining safety.

Here, we outline the relevant provisions of the EO, analyze the interplay between the EO and the EPA's March 26 COVID-19-related guidance, and offer practical considerations for enforcement actions proceeding against the new EO backdrop.