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TCEQ to Use Discretion in Enforcing Rules Amid Pandemic

Matthew Paulson and Timothy A. Wilkins spoke with Law360 about the Texas Commission on Environmental Quality's (TCEQ) continued enforcement of key public health rules amid the COVID-19 pandemic, though with loosened reporting requirements and enforcement discretion.

"I think there is some in the industry who would like to see TCEQ push it a step further and do what EPA has done and allow you to document it and look at it later. I think TCEQ struck the right balance," said Paulson. He went on to specify that many investigations require large groups of people, making social distancing difficult or impossible.

"It is not an effort to avoid compliance, it is looking at individual scenarios and thinking about how important is this requirement," added Wilkins.

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