Stacey Mitchell Quoted in Law360 on EPA Coronavirus Policy

Law360 has quoted Akin Gump environment and natural resources partner Stacey Mitchell in the Article “Greens See Red, Attys Urge Care With New EPA Virus Policy,” regarding the Environmental Protection Agency’s decision to temporarily suspend certain compliance obligations for entities affected by the coronavirus pandemic. While environmental groups are condemning the move as a free pass for polluters, the article reports that others say it is an appropriate move, given the circumstances.

According to Law360, the EPA’s new directive generally divides compliance obligations into tiers and treats potential violations differently. Significant leeway, the article says, will be given to businesses that show they cannot meet routine compliance monitoring and reporting requirements. Meanwhile, those at risk of allowing discharges or emissions that could damage human health and the environment will be scrutinized more closely. Once the coronavirus has passed, the article notes that the policy will be rescinded.

Mitchell said companies need to take the agency at its word and assume enforcement discretion will only be exercised in legitimate cases.

“When I'm speaking to my clients, I'm telling them to be mindful, to utilize this flexibility in circumstances where compliance is really not reasonably practicable. And then to return to compliance as soon as practice is practicable,” Mitchell said. “Companies have to be careful not to overutilize this and be considered to have essentially taken a good opportunity to avoid compliance in general. And I think for the most part, companies won’t do that.”