The Institute for Policy Integrity is tracking the suspension and altered enforcement of environmental laws and policies by federal, state, and city agencies in response to the COVID-19 pandemic. In connection with the crisis, several agencies have issued waivers or announced plans to stop enforcing key environmental laws and regulations. The three tables below track such actions by federal agencies, states, and select large cities.
Separately, the Trump administration has continued to pursue several controversial policy priorities even in the face of the crisis, for example by weakening public health protections in its rollback of automobile emission standards, holding non-competitive auctions for oil & gas leases, and denying requests to extend public comment periods in regulatory proceedings. But this tracker focuses only on actions directly connected to the pandemic rather than instances where the administration has continued to pursue its policy priorities while the nation addresses the public health crisis.
This tracker currently includes 23 federal actions, 46 state actions, and municipal actions. Last updated March 17, 2021.
This tracker includes all relevant examples of which we are aware and is continually updated. For questions or to submit updates, contact [email protected].
Policy Integrity has found many other trackers helpful in this work, including Brookings' Tracking Deregulation in the Trump era, the Coalition for Sensible Safeguards Pandemic Rollback tracker, and the Hardvard Environmental & Energy Law Program Regulatory Rollback Tracker.
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Federal AgencyActionStatusDate
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Department of Interior
Reduce royalty payments for some oil and gas producers
DOI will use existing law to grant individual requests from oil and gas producers to reduce royalty payments, and promised to process requests within five days. Operators may set their own reduced rates. Reductions apply for sixty days and may be extended. Media coverage here.No Longer in EffectApr 21, 2020 -
Department of Interior
Suspend leases for some oil and gas producers
DOI will use existing law to grant individual requests from oil and gas producers to suspend leases, and promised to process requests within five days. Suspensions apply for sixty days and may be extended. Media coverage here.No Longer in EffectApr 21, 2020 -
Department of Justice
Offer blanket relief on consent decree payments to industry
The Environment and Natural Resources Division at DOJ originally paused collection of any payments due from industry pursuant to consent decrees until May, but then extended the amnesty until August. Media coverage here.No Longer in EffectApr 14, 2020 -
Environmental Protection Agency
Reduce monitoring and enforcement of pollution rules
From March 13 to August 31, 2020, companies that are typically required to report to EPA when they discharge a certain level of air or water pollution will monitor themselves. EPA announced the policy's end date on June 29, 2020. Media coverage here.No Longer in EffectMar 26, 2020 -
Environmental Protection Agency
Defer gasoline & biofuel blending requirements
EPA will postpone or waive deadlines for oil refiners, water utilities, and other industries to switch to cleaner-burning summer-grade gasoline. Media coverage here.No Longer in EffectMar 27, 2020 -
Environmental Protection Agency
Reduce and suspend fieldwork on case-by-case basis
EPA will reduce or pause clean-up work at Superfund sites and other program locations where continuing to work might endanger health and safety. Work at thirty-four sites was reduced or suspended by April 10, 2020. Media coverage here.FinalizedApr 10, 2020 -
Environmental Protection Agency
Permit disinfectant manufacturers to change suppliers & ingredients without EPA approval
Disinfectant manufacturers are no longer required to receive EPA approval for changes to certain ingredient suppliers or for changes to ingredients. Media coverage here.
FinalizedApr 14, 2020 -
Environmental Protection Agency
Waive quality controls for systems that monitor air pollution
EPA will waive requirements that assure the quality of continuous emission monitoring systems (CEMS) used to track air pollution from industrial facilities. Media coverage here.No Longer in EffectApr 22, 2020 -
Environmental Protection Agency
Permit stores to sell wood-fired heating systems that do not meet emissions standards
EPA has proposed extending the deadline for retailers to stop selling stoves and other wood-fired heating systems that fail to meet new emissions standards until the end of November. Retailers had five years to sell off non-compliant inventory before the current May 15th compliance deadline. Media coverage here.ProposedMay 22, 2020 -
Environmental Protection Agency
Reduce and delay payment of settlement payments
According to media reports, EPA issued an internal memo allowing companies that have lost 25% of profits due to the coronavirus to reduce settlement payments, delay payments by a renewable 60 day period, or pay in installments over an additional three year period. Media coverage here.FinalizedMay 26, 2020 -
Federal Energy Regulatory Commission
Defer enforcement activities
FERC will defer enforcement activities for regulatory violations, including conducting no audits until after July 31 and limiting surveillance inquiries to behavior that poses a significant risk of harm to the market. Media coverage here.FinalizedApr 2, 2020 -
Federal Energy Regulatory Commission
Provide temporary extensions & waivers for pipeline operators
Pipeline operators can request extensions & temporary waivers for certain regulations, including cost-of-service filing, reporting, and recordkeeping requirements. Operators can also request a waiver for tariffs to become effective on less than 30 days’ notice.FinalizedMay 8, 2020 -
National Highway Traffic Safety Administration
NHTSA further delayed civil penalty adjustment
NHTSA issued an interim final rule that delayed an adjustment of the civil penalty amount for auto manufacturers that fail to comply with fuel efficiency requirements.FinalizedJan 14, 2021 -
National Oceanic and Atmospheric Administration
Waive observer requirement on boats
NOAA will waive the requirement for observers and at-sea monitors for fishing boats on a case-by-case basis. On September 21, 2020, the measure to waive the observer requirement was extended through March 26, 2021. From March 30 to August 14, 2020, NOAA also waived observer requirements for all boats in the Northeast. Media coverage here.FinalizedMar 24, 2020 -
Nuclear Regulatory Commission
Defer maintenance and inspections of nuclear plants
Nuclear plants would be able to delay required maintenance and inspection.FinalizedMar 24, 2020 -
Nuclear Regulatory Commission
Permit longer worker shifts
Workers will be allowed to work longer than permitted under current regulations. Media coverage here.FinalizedMar 28, 2020 -
Nuclear Regulatory Commission
Defer annual licensing payments for nuclear plants
NRC will permit nuclear operators with annual licensing payments due in April through June to pay by July 22nd. Media coverage here.No Longer in EffectApr 10, 2020 -
Nuclear Regulatory Commission
Defer safety reporting due to hardship
NRC will allow licensees to defer submitting the Owner's Activity Report after a refueling outage if the licensee demonstrates a hardship without a compensating increase in the level of quality and safety as an alternative.FinalizedApr 9, 2020 -
Nuclear Regulatory Commission
Exemptions from operator requalification requirements
NRC will consider exemptions for requalification requirements for licensees for up to two years including: (1) requalification program scheduling, (2) licensed operator active status for research and test reactors (RTRs), and (3) delays in completion of biennial medical examinations of licensed operators and senior operators.FinalizedApr 14, 2020 -
Nuclear Regulatory Commission
Exemptions from licensing requirements
Licensees may request expedited review of licensing requirement exemptions related to (1) on-the-job training, (2) medical examinations for annual physical requalification, (3) tactical response and licensee-conducted force-on-force exercises, (4) annual requalification, (5) weapons range activities, (6) firearm instructor and armorer certifications, and (7) semiannual test firing.Finalized -
Pipeline and Hazardous Materials Safety Administration
Prioritize safety-sensitive inspections
PHMSA will only conduct “safety-sensitive” inspections of pipeline infrastructure.FinalizedMar 19, 2020 -
Pipeline and Hazardous Materials Safety Administration
Waive enforcement of shift length limitations
PHMSA will not enforce limitations on how long employees can work in areas like control rooms.FinalizedMar 20, 2020 -
Pipeline and Hazardous Materials Safety Administration
Delay enforcement of compliance deadlines for new rule
PHMSA will not penalize pipeline operators for failing to comply "for reasons attributable to the National Emergency" with July 1, 2020 compliance deadlines in a new pipeline safety rule. Operators eligible for delayed enforcement will have until December 31, 2020 to comply with the relevant record-keeping and transmission line assessment requirements.FinalizedApr 22, 2020
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StateActionStatusDate
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Arizona
Waive vehicle emissions testing for residents over 65
Arizona will waive the vehicle emissions testing requirement for one year for all residents over 65. Media coverage here.No Longer in EffectApr 26, 2020 -
California
Extend regulatory deadlines after case-by-case evaluation
The California Environmental Protection Agency directs industry to contact CalEPA to request time-limited remedies, like deadline extensions, where needed due to emergency requirements or a hardship. Entities must contact CalEPA before violating a regulatory requirement. More coverage here.FinalizedApr 15, 2020 -
California
Suspend enforcement of container redemption requirement
California suspended enforcement of the law requiring retailer participation in the state's bottle redemption program. Media coverage here.No Longer in EffectApr 22, 2020 -
California
Suspended plastic bag ban and single-use bag fee
From April 22 to June 22, 2020, California suspended its ban on single-use plastic bags and its collection of a ten-cent fee per bag. Media coverage here.No Longer in EffectApr 22, 2020 -
California
Suspend physical notice requirements & tribal consultation deadlines
California suspended physical notice requirements under the California Environmental Quality Act for 60-days; digital posting and outreach requirements remain in effect. California also suspended consultation timelines that apply to state and tribal authorities evaluating environmental impact reports.No Longer in EffectApr 22, 2020 -
Colorado
Suspend vehicle emissions testing
Colorado suspended its vehicle emissions testing programs.No Longer in EffectMar 25, 2020 -
Connecticut
Suspended enforcement of container redemption requirement
From March 17 through June 3, 2020, Connecticut suspended enforcement of the law requiring retailer participation in the state's bottle redemption program. Connecticut announced the resumption of enforcement on May 6, 2020. Media coverage here.No Longer in EffectMar 17, 2020 -
Connecticut
Suspended collection of plastic bag tax
From March 26 through June 30, 2020, Connecticut suspended collection of its ten-cent plastic bag tax. Connecticut announced the resumption of enforcement on May 13, 2020. Media coverage here.No Longer in EffectMar 26, 2020 -
Georgia
Reopen polluting medical sterilization facility
Georgia reopened a medical equipment sterilization facility that closed due to concerns about high emissions of carcinogenic ethylene oxide. Media coverage here.FinalizedMar 25, 2020 -
Illinois
Retail stores discontinue use of reusable bags
Illinois' governor issued an executive order on June 26, 2020, banning the use of reusable bags at retail stores, but Chicago's bag tax remains in effect. Media coverage here.No Longer in EffectMar 28, 2020 -
Illinois
Suspend vehicle emissions testing
Illinois suspended its vehicle emission testing programs. Media coverage here.No Longer in EffectApr 15, 2020 -
Iowa
Suspended enforcement of container redemption requirement
From March 17 to July 25, Iowa suspended enforcement of the regulation requiring retailer participation in the state's bottle redemption program. Media coverage here.No Longer in EffectMar 17, 2020 -
Louisiana
Extend deadlines caused by personnel shortages
If a facility documents a lack of necessary personnel, Louisiana will extend most deadlines for periodic monitoring, reporting, and renewal applications by thirty days. Media coverage here.No Longer in EffectMar 19, 2020 -
Louisiana
Delay collection of severance tax from oil & gas producers
Louisiana will delay collection of severance taxes imposed on oil & gas produced in the state until June 25th. Media coverage here.No Longer in EffectApr 22, 2020 -
Maine
Delay ban on plastic bags
Maine delayed a new ban on plastic bags until January 2021. Media coverage here.No Longer in EffectMar 17, 2020 -
Maine
Suspend enforcement of container redemption requirement
Maine suspended enforcement of the requirement that retailers participate in the state's bottle redemption program.No Longer in EffectMar 18, 2020 -
Maine
Classify waste-to-energy as recycling for certain products
Maine will classify the use of certain recyclable materials as fuel for waste-to-energy electricity generation as recycling for the purpose of evaluating recycling progress required by state law.No Longer in EffectMar 26, 2020 -
Maine
Accept requests for enforcement discretion
The Maine Bureau of Air Quality will accept inquiries from facilities unable to meet compliance obligations due to pandemic-related constraints such as personnel limitations or supply chain disruptions.Finalized -
Massachusetts
Suspended enforcement of container redemption requirement
From March 18 through June 5, 2020, Massachusetts suspended enforcement of the regulation requiring retailer participation in the state's bottle redemption program. Massachusetts announced the resumption of enforcement on May 29, 2020. Media coverage here.No Longer in EffectMar 18, 2020 -
Massachusetts
Ban use of reusable bags
Massachusetts issued a public health order that bans reusable bags and lifts all municipal bans on plastic bags. The order was rescinded on July 10, 2020. Media coverage here.No Longer in EffectMar 25, 2020 -
Michigan
Suspend enforcement of container redemption requirement
From March 23 through June 15, 2020, Michigan suspended enforcement of the requirement that retailers participate in the state's bottle redemption program. Michigan announced the resumption of enforcement on June 1, 2020. Media coverage here.No Longer in EffectMar 23, 2020 -
Montana
Suspend solid waste inspections
The Montana Department of Environmental Quality suspended solid waste inspections of landfills and other facilities.No Longer in EffectMar 24, 2020 -
Montana
Accept requests for compliance and enforcement discretion
The Montana Department of Environmental Quality is considering and responding to requests for regulatory reflief during the pandemic. DEQ is maintaining a list of these requests on its website.FinalizedMar 31, 2020 -
New Hampshire
Ban use of reusable bags
From March 21 through July 27, 2020, an executive order by the governor of New Hampshire mandated that stores use single use plastic and paper bags. Media coverage here.No Longer in EffectMar 21, 2020 -
New Jersey
Delay deadline for submitting plans to stop sewage overflow
New Jersey delayed the deadline for communities to submit Long Term Control Plans to control sewage overflows until October 1. Media coverage here.No Longer in Effect -
New Jersey
Toll deadlines for public notice, review, and final action, and extend reporting deadlines
New Jersey tolled deadlines for public notice, agency review, and agency final notice for processing construction permits, permits for coastal development, solid waste utility applications, and municipality flood control applications. These timeframes will be tolled by each day of the state's Public Health Emergency. New Jersey also extended reporting deadlines for municipal recycling systems and electronic recyclers by sixty days. Finally, the deadline for applications to engage in soil and fill recycling will be tolled for the duration of the public health emergency plus sixty days. Media coverage here.FinalizedMay 2, 2020 -
New Mexico
Suspend penalties for non-producing wells
New Mexico has temporarily suspended penalties levied on oil and gas wells that cease production on state land. Media coverage here.No Longer in EffectApr 3, 2020 -
New York
Exempt emergency construction from environmental review requirements
New York's Department of Environmental Conservation exempted emergency construction of facilities to address the pandemic from compliance with the state's Environmental Quality Review Act, as long as environmental harm is minimized.FinalizedMar 23, 2020 -
New York
Suspended enforcement of container redemption requirement
From March 24 to June 3, 2020, New York suspended enforcement of the requirement that retailers participate in the state's bottle redemption program. Media coverage here.No Longer in EffectMar 24, 2020 -
New York
Delay plastic bag ban
In response to a lawsuit and the pandemic, New York delayed enforcement of its new ban on plastic bags until June 15th. Media coverage here.No Longer in EffectApr 16, 2020 -
New York
Withdraw the Restore Mother Nature Bond Act
The Governor's office made the decision to remove the Restore Mother Nature Bond Act, which would have issued $3 billion in state bonds for resilience-building measures, from the November ballot. The Act has been approved in the 2020 legislative budget session, but was withdrawn because of the budget deficit New York State could be facing due to the coronavirus pandemic. Media coverage here.Finalized -
North Dakota
Suspend regulations requiring non-producing wells to close
North Dakota adopted regulations permitting wells to cease production for over a year while crude oil prices remain below $50 a barrel. Media coverage here.FinalizedMar 24, 2020 -
Ohio
Suspend PFAS testing
Ohio suspended testing for highly toxic per- and polyfluoroalkyl substances.No Longer in EffectMar 16, 2020 -
Oklahoma
Permit oil & gas wells to stop production
Oklahoma will permit oil and gas wells to cease production without violating their leases. Media coverage here.No Longer in EffectApr 22, 2020 -
Oregon
Suspend enforcement of container redemption requirement
Oregon suspended enforcement of the law requiring retailer participation in the state's bottle redemption program. Media coverage here.No Longer in EffectMar 15, 2020 -
Tennessee
Suspend vehicle emissions testing
Tennessee suspended all county vehicle emission testing programs. Media coverage here.No Longer in EffectMar 24, 2020 -
Texas
Extend reporting deadlines & loosen signage requirements
The Texas Commission on Environmental Quality extended deadlines for reporting requirements and relaxed signage requirements,Finalized -
Texas
Accept requests for enforcement discretion
The Texas Commission on Environmental Quality will consider exercising enforcement discretion for unavoidable violations of environmental regulations or permit requirements resulting from the pandemic, or where compliance would risk transmission of COVID-19 or impede the pandemic response. Discretion will be exercised on a case-by-case basis.FinalizedMar 18, 2020 -
Texas
Waive penalties for late royalty payments, and allow oil & gas wells to suspend operations
The Texas Land Commissioner will allow oil and gas producers drilling on state land to suspend operations for up to six months. Penalties and interest for late royalty payments are also waived until June 30th.FinalizedApr 21, 2020 -
Texas
Expand underground storage & waive related fees
Until May 2021, Texas will permit excess oil to stored in underground formations besides salt caverns, which are considered best at preventing leaks. Texas also temporarily waived fees and surcharges imposed on operators storing oil underground. Media coverage here.No Longer in EffectMay 5, 2020 -
Vermont
Suspend enforcement of container redemption requirement
Vermont suspended enforcement of the law requiring retailer participation in the state's bottle redemption program. Media coverage here.No Longer in EffectMar 18, 2020 -
Wyoming
Suspend collection of conservation tax from oil and gas producers
Wyoming reduced the assessed value of the conservation tax on oil and gas producers to zero until September 30. Media coverage here.No Longer in EffectMar 31, 2020 -
Florida
Extend pollution reporting, monitoring, and cleanup deadlines by 30 days
The Florida Department of Environmental Protection granted regulated entities a 30-day extension to comply with pollution reporting, monitoring, and cleanup deadlines.No Longer in EffectSep 4, 2020 -
Hawaii
Waived enforcement of air quality compliance requirements
The Hawaii Department of Health, Clean Air Branch indicated that if Covid-19 caused an unavoidable air pollution noncompliance situation for a regulated entity, it would take this into account when deciding whether to bring an enforcement action.FinalizedApr 17, 2020
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CityActionStatusDate
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New York City
Cut funding for sustainable transportation programs
The proposed NYC budget reduced funding for the Vision Zero program that combats traffic fatalities and for Green Wave projects that install protected bicycle lanes. The city would also delay the rollout for the Better Buses Initiative until June 2021. Media coverage here.ProposedApr 16, 2020 -
New York City
Suspend curbside composting & electronic recycling pick-up
NYC suspended its curbside composting program through June 30, 2021, and food scrap drop-off sites are closed. The city also suspended its appointment-based program to collect electronics for recycling. Media coverage here.FinalizedApr 17, 2020 -
New York City
Delay commercial waste zone program
NYC has delayed implementation of its new commercial waste zone program which will organize commercial waste collection within set geographic zones. Media coverage here.FinalizedMay 1, 2020 -
Philadelphia
Reduced recycling collection to biweekly pick-ups
From April 3 to early July 2020, Philadelphia picked up recycling on a biweekly schedule. Media coverage here.No Longer in EffectApr 3, 2020 -
Philadelphia
Delay plastic bag ban
Philadelphia will delay the effective date of its new ban on single-use plastic bags from July 2, 2020 to January 1, 2021. Media coverage here.No Longer in EffectApr 21, 2020 -
San Francisco
Ban use of reusable bags and mugs
San Fransisco banned the use of reusable bags, mugs, or other items brought by store customers from home. Media coverage here.No Longer in EffectMar 31, 2020 -
San Jose
Suspend single-use carry out bag ordinance
From May 1 to June 21, San Jose will temporarily lift its requirement for groceries, pharmacies, and retail stores to charge a 10-cent fee for carry-out bags. This aligns the city's policies with a Santa Clara County health order prohibiting customers from bringing in their own bags.No Longer in EffectMay 1, 2020