EPA’s Enforcement Priority Memo ‘Danced Up To’ Legal Line, Experts Say

EPA’s recent memo detailing new enforcement priorities is expected to significantly curb enforcement, an approach that comes close to being unlawful, legal experts say, but may survive scrutiny because it contains significant caveats, including references to statutory obligations, and can rely on agencies’ broad enforcement discretion, legal experts say. They’ve “danced up to the line” of legality in the memo, Gary Jonesi, a former long-time EPA official who recently retired from the Office of Enforcement & Compliance Assurance (OECA), tells...