COVID-19 and environmental enforcement
by Save The Bay’s advocacy team
On March 26, 2020, the Trump administration announced that regulated entities will not be fined for violating laws related to pollution prevention (such as monitoring and reporting discharges of pollutants) if the EPA determines that COVID-19 was the cause.
Although on its face this policy may make sense, we must watch how it is applied; it may, in fact, give companies a broad pass on complying with laws, leaving the public without critical information about pollution discharged into our waters, land and air. Further, it is unclear how the EPA will be able determine if COVID-19 was the cause.
While the EPA enforces these laws in Massachusetts, the Rhode Island Department of Environmental Management has chosen not to adopt the sweeping EPA policy. Instead, we have been advised that DEM intends to put the onus on companies to advise and inform DEM of key information, including but not limited to:
- How current conditions related to COVID-19 are preventing compliance
- The environmental impacts from noncompliance
- Efforts taken to comply given the challenges
- The length of time needed for relief
- Actions that will be taken to return to full compliance.
Save The Bay applauds DEM’s approach. We also urge full transparency on how the policy is implemented. And, we will keep watchful eye on emerging developments throughout the Narragansett Bay and Little Narragansett Bay watersheds and the South Coast. After all, that is Save The Bay’s role: holding government accountable for protecting the Bay.