As predicted by many, the shift in administrations from Pres. Trump to Pres. Biden has led to many quick changes, including an increase in enforcement of environmental regulations. One of the first speeches of the new USEPA Administrator Michael Regan reaffirmed the agency’s “commitment to working collaboratively and cooperatively with the states to protect public health and the environment.” Therefore, facilities should expect to see increased federal and state enforcement of environmental laws. New York Attorney General Letitia James recently stated that the change in administration is allowing her office to shift its focus from litigation against the federal government to other priorities, such as greater environmental enforcement. James also said that the expected greater collaboration and coordination with the USEPA would allow more successful enforcement initiatives.
Increased enforcement at the federal level is expected in the new administration, too. The Justice Department’s Environment and Natural Resources Division is expected to be supportive of prosecutors going forward with environmental cases. Enforcement tools constrained by Trump administration policies are in the process of being changed.
In addition, the Biden Administration has signaled that it will aggressively address the issue of environmental justice, excess emissions, waste, or impacts potentially harming poorer or minority neighborhoods.
Therefore, to prepare for this new uptick in environmental enforcement, companies potentially impacted should:
• Review current environmental regulations to determine which currently are applicable and, if so, whether the facility is in compliance, has slipped to potentially be out of compliance, or whether the monitoring systems to definitively determine continual compliance status are no longer working or reliable
• Review existing environmental management systems to make sure they are functioning properly and set and actually achieving compliance
• Undergo one or several rigorous compliance audits by outside qualified experts to determine your compliance status or what should be done to better assess it
• If non-compliance is discovered, develop and execute a plan to promptly correct the violation and potentially voluntary self-disclosure to reduce the chance of criminal prosecution.
• Since it may have been a long time since the last inspection, develop procedures in case federal or state environmental officials perform a surprise inspection of your facility. What would your staff do? What procedures should they follow?
CCES has the experts to perform the technical assessments to determine your air pollution emission rates and estimate where it stands vis-à-vis applicable federal, state, and local air quality regulations. Your company should retain a qualified, experienced attorney to counsel on legal issues. CCES has the technical experts to work with legal staff and determine compliance and help return your facility to compliance. Contact us today at karell@CCESworld.com or at 914-584-6720.