The US Environmental Protection Agency's (EPA) enforcement of environmental laws against major polluters has been significantly weakened under the Trump administration, according to a recent analysis. This has raised concerns about the potential for increased pollution and its impact on public health. The analysis, conducted by the Public Employees for Environmental Responsibility (PEER), examined EPA records from January 2025 to January 2026, revealing a stark contrast in enforcement efforts compared to the previous administration.
The EPA's enforcement program, which plays a crucial role in deterring polluters and ensuring compliance with environmental laws, has been described as 'dying on the vine' by Tim Whitehouse, PEER's executive director. He argues that the lack of adequate enforcement makes environmental laws effectively voluntary, leading to increased pollution and profits for polluters.
One of the key findings of the analysis is the dramatic decline in Clean Water Act enforcement actions. During Biden's first year, there were 18 enforcement actions, but this number dropped to just four during the second Trump administration. Similarly, the number of Clean Air Act consent decrees filed by the EPA has also decreased significantly, from 26 in the first year of Trump's first term to just one during the same period under the current administration.
The analysis also highlights the slowdown in enforcement of Superfund laws, which are responsible for cleaning up the nation's most polluted sites. The EPA filed only seven consent decrees related to Superfund laws during the analyzed period, compared to 31 in the first Trump administration.
These findings are particularly concerning given the significant settlements achieved in major cases under previous administrations. For instance, Volkswagen agreed to pay $1.4 billion for violating the Clean Air Act, and BP was required to pay $250 million in penalties and corrective measures for emitting dangerous levels of VOCs. However, similar blockbuster settlements are now rare, according to industry observers.
An EPA spokesperson defended the administration's enforcement record, arguing that they are focused on achieving swift compliance rather than overzealous enforcement. However, a current EPA enforcement employee, who requested anonymity due to fear of retribution, disputed this claim. They suggested that the Trump administration's approach to 'compliance' is different from traditional enforcement, with a focus on inspections and minor penalties rather than significant changes or fines.
The employee also pointed to several actions by the administration over the last year that have contributed to the decline in enforcement. These include increased scrutiny of investigators' work by Trump's political appointees and a review backlog that is delaying cases. Additionally, the Trump administration has effectively paused enforcement action against the energy industry, and staffing levels in the enforcement division have decreased significantly in some regions.
The employee concluded that these issues collectively create a 'broad chilling effect' on enforcement, leading to a lack of bold action and increased risk to public health. They argued that companies are emboldened to pollute, knowing that the EPA and Department of Justice are friendly to industry and unlikely to enforce the laws against them.
In response, the EPA spokesperson claimed that the agency concluded more cases in the first year than the Biden administration did in its first year, and that these figures would be published soon. However, the PEER report specifically focused on major cases, while minor enforcement actions are handled as civil administrative cases, which are not included in the analysis.
The attack on enforcement is part of a broader effort to weaken the EPA, according to Whitehouse. The administration has also targeted scientific research and protective regulations, aligning the EPA with the interests of the oil and chemical industries and other powerful industries in the US. This comprehensive approach to weakening environmental protection raises serious concerns about the future of environmental enforcement in the country.
