American companies will be allowed to violate pollution laws during the coronavirus pandemic

American companies will be allowed to violate pollution laws during the coronavirus pandemic

Environment · ·

The Environmental Protection Agency has announced the temporary suspension of environmental law enforcement.


US companies will be able to pollute air, soil and water without fear — they will face no penalties whatsoever. The Trump administration has suspended the enforcement of environmental laws in response to the Covid-19 pandemic. The controversial decision was announced in a press release by the US Environmental Protection Agency (Epa), which explained that industries might have difficulty complying with certain requirements due to the coronavirus, without, however, specifying an end date for this "extraordinary measure".

Skyline di Los Angeles offuscato dall'inquinamento dell'aria
The Epa's measure follows pressure from the American Petroleum Institute, which had asked the agency to suspend rules requiring the repair of leaking equipment and pollution monitoring © Mario Tama/Getty Images

A licence to pollute

Thanks to this measure, invoked in particular by the oil and gas industry, polluters will be able to avoid penalties in the event of violations of environmental standards, provided they claim that the violations were somehow linked to the pandemic. Gina McCarthy, who headed the Epa during the Obama administration and is currently president of the Natural Resources Defense Council (Nrdc), described the measure as "a licence to pollute".

"The Trump administration is taking advantage of an unprecedented public health crisis to do favours for polluters who threaten the very health of people," McCarthy charged.

Read also: Coronavirus. We shouldn't be afraid of animals, but of what we're doing to their habitats

What changes

Under normal circumstances, companies are required to monitor and report when they release certain levels of pollution into the air or water. Companies that, from 13 March onwards, have been unable to monitor, report or meet certain requirements relating to the release of hazardous pollutants will not be fined or face other civil penalties. Oil refineries, for example, will not be required to report the extent of their carcinogenic benzene emissions and will therefore not need to worry about exceeding limits. The Epa has relinquished its role as regulator, delegating it instead to individual states.

Read also: Trump's green light for energy exploration in Utah's parks

The Epa calls for responsibility

The agency asked companies to "minimise the effects and duration of any non-compliance" and to "act responsibly" during this unusual period.

"The Epa is committed to protecting human health and the environment, but recognises that the challenges arising from efforts to protect workers and the public from Covid-19 may directly affect the ability of facilities to meet all federal regulatory requirements," said Andrew Wheeler, Epa administrator. "This temporary policy is intended to provide enforcement discretion in light of the current and extraordinary conditions, while ensuring that facility operations continue to protect human health and the environment."

Lies as usual. @EPAAWheeler is claiming that the @EPA is protecting public health, when in reality @EPAAWheeler and @realDonaldTrump are jeopardizing public health by eliminating safeguards from pollution and ending enforcement of the law.
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A further health risk

Despite the inevitable reassurances, there are fears that the measure could further jeopardise public health, right in the midst of a pandemic. "The Epa should never waive its right and obligation to act immediately and decisively when there is a threat to public health, no matter what the reason," said Cynthia Giles, an Epa official during the Obama administration. "I am not aware of any precedent in which the Epa has ever relinquished this fundamental authority as it has in this case. It amounts to a national moratorium on enforcement of the nation's environmental laws and is an abdication of the Epa's responsibility to protect citizens."

Read also: The dangerous relationship between coronavirus and air pollution

Former Epa officials and environmental organisations are concerned in particular about the possible increase in air pollution emitted by industrial plants, which are predominantly located in areas occupied by the poorest sections of the population. Air pollution damages the respiratory system and kills at least seven million people a year. It becomes even more dangerous given that Covid-19 attacks the respiratory system, causing, in the most severe cases, pneumonia and breathing difficulties. There may also be a correlation between air pollution and the proliferation of viruses.

The ban on plastics overturned

As if that were not enough, many US states have suspended bans on the sale and use of single-use plastic bags. Maine's governor, Janet Mills, announced that the state will delay the ban that was due to come into effect on 22 April, with the aim of "mitigating the spread of coronavirus in Maine".

Read also: Single-use plastics banned from 2021, the European Parliament votes yes

The city of Brookline, Massachusetts, has suspended its ban on the use of polystyrene containers, and the mayor of Waterville, Maine, wants to ban the use of reusable bags. Reusable bags could indeed help spread the virus, although washing them would be enough to make them as safe as single-use ones.

Passante con un sacchetto di plastica a Manhattan
Since 2014, eight US states — California, Connecticut, Delaware, Hawaii, Maine, New York, Oregon and Vermont — have banned single-use plastic bags © Drew Angerer/Getty Images

The environment needs more protection, not less

At the root of this pandemic, which is killing thousands of people and bringing the planet to a standstill, lies precisely the failure to respect the environment and the laws that govern it. Responding by weakening the (already inadequate) environmental regulations will, in all likelihood, only make matters worse.