Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Virginia Issues Enforcement and Compliance Guidance in Response to EPA Enforcement Discretion Guidance

By Brooks Smith, Andrea Wortzel & Patrick Fanning on April 1, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

In response to guidance issued by EPA’s Office of Enforcement and Compliance Assurance regarding enforcement discretion in light of COVID-19, the Virginia Department of Environmental Quality (DEQ) has issued its own guidance. In its accompanying press release, DEQ takes a stern tone and makes clear that DEQ expects compliance with all environmental compliance obligations and permit limits, that the crisis does not “equal a free pass for the regulated community,” and that regulated entities should make every effort to comply.

Nevertheless, like EPA, DEQ will consider any non-compliance resulting from COVID-19 on a case-by-case basis. The guidance states that DEQ will “exercise reasonable enforcement discretion within its authority when deciding whether to pursue potential violations caused by pandemic-related disruptions.”  Similar to EPA’s guidance, DEQ requests that any noncompliance be minimized and well-documented, including the specific nature and dates of noncompliance and by identifying how COVID-19 was the cause of the noncompliance. DEQ also requests that any entity with a COVID-19-related compliance issue communicate “early and often” with DEQ. If DEQ agrees that COVID-19 impacts were the case of noncompliance, DEQ’s press release notes that it does not anticipate penalizing certain minor violations such as routine compliance monitoring, sampling, reporting and certification obligations.

DEQ also temporarily suspended all fieldwork, including inspections, earlier this week so that DEQ can assess COVID-19 exposure risks and develop appropriate exposure mitigation plans.

For more information regarding the EPA and DEQ COVID-19 enforcement guidance, please contact Brooks Smith, Andrea Wortzel, or Patrick Fanning.

Photo of Brooks Smith Brooks Smith

Nationally recognized as a leader in the law, Brooks is involved in cutting-edge environmental and natural resources proceedings in Virginia and around the U.S., including litigation, enforcement defense, project development, and compliance counseling.

Read more about Brooks SmithEmailBrooks's Linkedin Profile
Photo of Andrea Wortzel Andrea Wortzel

Andrea focuses her practice on water quantity and water quality issues, including water rights, water supply planning, and water withdrawal permitting, as well as discharge permitting and TMDL development and implementation. She coordinates a growing and influential stakeholder group focused on water supply…

Andrea focuses her practice on water quantity and water quality issues, including water rights, water supply planning, and water withdrawal permitting, as well as discharge permitting and TMDL development and implementation. She coordinates a growing and influential stakeholder group focused on water supply issues in the Commonwealth of Virginia. Beyond her water practice, Andrea advises clients on endangered species issues, landfill permitting and compliance, waste permitting, environmental compliance and audit programs and environmental enforcement defense. Andrea also regularly counsels clients on legislative and regulatory strategies to promote her clients’ objectives.

Read more about Andrea WortzelEmailAndrea's Linkedin Profile
Show more Show less
  • Posted in:
    Administrative and Regulatory
  • Blog:
    Environmental Law & Policy Monitor
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo