Maryland Attorney General Brian Frosh Sues EPA For Limiting Enforcement Of Federal Environmental & Public Health Laws

BALTIMORE (WJZ) -- Maryland Attorney General Brian Frosh announced this week that he is joining a coalition of nine attorneys general to file a lawsuit against the Environmental Protection Agency to challenge the agency's policy of not enforcing bedrock monitoring and reporting obligations due to the COVID-19 pandemic.

The coalition is arguing that the policy is overly broad, lacks transparency and will negatively affect public health and the environment.

"EPA is inviting industries to pollute our air and water.  It is never a good time to back away from enforcing laws that protect the environment and public health.  Doing so in the midst of this pandemic is particularly reckless," said Attorney General Frosh in a statement. 

The policy was enacted on March 26, and applied retroactive to March 13 with no set end date. The policy says that the EPA will not take civil action against companies that violate the reporting and monitoring requirements under laws like the Clean Air Act and Clean Water Act as long as those companies later show that COVID-19 was the reason for their non-compliance.

The lawsuit argues that the EPA does not have the legal authority to waive those monitoring and reporting obligations which inform regulators and the public of pollution hazards.

Attorney General Frosh and a coalition of other attorneys general previously sent a letter to EPA Administrator Andrew Wheeler on April 15th urging the agency to withdraw the policy and instead issue guidance that would protect communities from pollution amid the current health crisis.

According to the press release from the AG's office, the EPA had not responded, but WJZ received a statement from the EPA on Friday:

"While we can't comment on specific litigation, we have responded to the Attorney Generals concerns. Note, the environmental agencies of each of the states represented by the AGs who filed the lawsuit have adopted enforcement discretion policies related to the COVID-19 public health emergency.

The EPA temporary policy is a lawful and proper exercise of the Agency's authority under extraordinary circumstances. As we've stated previously, contrary to reporting, EPA's enforcement authority and responsibility remains active and the temporary guidance does not allow any increase in emissions. This is not a nationwide waiver of environmental rules."

In addition to AG Frosh, the attorneys general of California, Illinois, Michigan, Minnesota, New York, Oregon, Vermont, and Virginia are signed on to the lawsuit which was filed in the United States District Court for the Southern District of New York.