Tag Archives: “Enforcement Discretion”

Has President Trump Just Limited Enforcement To Willful Violations?

On Tuesday, President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery.  I’ll leave to others a discussion of the provisions telling agencies to look for more regulations to roll back.  I’m in general agreement with commenters who have said that those provisions don’t add much to Trump’s prior deregulatory efforts and are likely to face mostly the same reception in the courts as prior efforts.… More

EPA Enforcement (or not) in a COVID-19 Emergency

Last week, Susan Bodine, EPA Assistant Administrator for Enforcement and Compliance Assurance, issued a memorandum stating that EPA would exercise its enforcement discretion and not take enforcement action against entities that cannot comply with obligations to EPA due to issues arising from COVID-19.  At a certain level, this is understandable.  The world has been turned upside down and no one quite knows what is feasible in the current circumstances and what it not.… More