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Environmental Regulatory Update: State Action, Federal Exemptions, Spill Reporting, Superfund Cleanup

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, June 10, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will provide information on the federal and state guidelines related to continued environmental regulation, remediation, and enforcement in the wake of the COVID-19 pandemic.


EPA has released public guidance on ongoing or new site cleanups and/or site investigations, and the determination as to whether work should continue or be paused is a site-specific determination. States, counties, and municipalities have also issued guidance and/or executive orders that have direct impacts continuing environmental investigations and compliance. EPA and many states also have issued guidance on their approaches to enforcement and enforcement relief during the COVID-19 emergencies. All contain various conditions and expectations for entities that seek relief under their terms.

As companies are faced with having to make critical decision on the fly, environmental attorneys need to understand these federal and state guidance and policies in order to be able to counsel clients on how best to comply with environmental rules and regulations in these challenging times. How do companies comply with regulatory reporting obligations in situations where a company is dealing with a limited work-force? Can site remediation work continue, and if so, how does one deal with limitations in supplies and labor. Do the governing consent decrees, administrative order, or other agreements with state and federal environmental agencies and private parties contain force majeure and other clauses that address work delays.

Listen as our expert panel provides guidance on compliance with state and federal environmental investigations and regulations and how to create best practices during the COVID-19 outbreak to comply with environmental statutes in conjunction with workforce depletion and supply chain issues.



  1. Overview of COVID-Related Environmental Policies
    1. Federal (U.S. EPA/DOT/OSHA)
    2. States
    3. Local
  2. Impacts on Specific Regulatory Programs
    1. CAA/CWA/Release Reporting
    2. Cleanups (CERCLA/RCRA)
      1. “Essential Businesses”
      2. If work continues, how is it performed safely
  3. Defenses
    1. Force majeure/Model EPA consent decree provisions
  4. Risk for Companies that Rely on COVID Policies
    1. Challenges to EPA/State/Local COVID policies
    2. Citizen suits
  5. Best Practices for Environmental Compliance in a Black Swan Event


This panel will review these and other key issues:

  • How to handle environmental spill reporting and compliance
  • The ability to continue Superfund remediation while addressing environmental compliance, labor issues, supply chain
  • When and how to invoke force majeure and delay clauses during COVID-19


Mulkey, Marcia
Marcia Mulkey

Of Counsel
Cozen O'Connor

Ms. Mulkey works on a wide range of federal and governmental regulatory matters and environmental issues and related...  |  Read More

Siros, Steven
Steven M. Siros

Jenner & Block

Mr. Siros is chair of the Environmental Litigation Practice and co-chair of the Environmental Workplace Health and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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