US Environmental Law Enforcement Grinds to a Halt Under Trump, Analysis Reveals
Enforcement of environmental laws against major polluters has virtually ground to a halt under the Trump administration, according to a new analysis of Environmental Protection Agency records from January 2025 to January 2026. The findings indicate a dramatic slowdown in legal actions compared to previous administrations, raising concerns about increased pollution and reduced deterrence for corporations.
Sharp Decline in Consent Decrees and Enforcement Actions
Records show the EPA filed just one Clean Air Act consent decree in the analyzed period, compared with 26 in the first year of Trump's initial term and 22 during Biden's first year. Consent decrees serve as the legal mechanism by which the agency and US Department of Justice enforce environmental laws against major polluters, typically including large companies in the oil, gas, coal, and chemical industries.
Similarly, enforcement of Superfund laws, which cover cleanup at the nation's most polluted sites, has slowed significantly. The EPA filed only seven consent decrees, down from 31 under the first Trump administration. Additionally, Clean Water Act enforcement actions have declined from a peak of 18 during Biden's first year to just four under the second Trump administration, as found by the non-profit Public Employees for Environmental Responsibility.
Industry-Friendly Policies and Staffing Cuts
Tim Whitehouse, Peer's executive director and a former EPA attorney, stated that the EPA's enforcement program "is dying on the vine, and that's intentional." He warned that without adequate enforcement, laws become voluntary, leading to more pollution and higher profits for polluters. An anonymous EPA enforcement employee echoed these concerns, noting a shift from punitive enforcement to compliance-focused approaches that lack deterrence.
The employee highlighted several factors driving the decline, including increased scrutiny from Trump's political appointees, approval requirements for investigations, and a backlog delaying cases. Staffing levels in the enforcement division are estimated to be down by up to 30% in some regions, with justice department environmental division attorneys reduced by about 50%. A March EPA memo further stated that enforcement actions will no longer "shut down any stage of energy production," effectively pausing actions against the energy industry.
Impact on Public Health and Corporate Behavior
This "broad chilling effect" on enforcement has led investigators to avoid bold actions, fearing attention from political appointees. The employee warned that this puts American people at risk of health impacts from air and water pollution, as companies feel emboldened to violate laws without consequences. Whitehouse added that the attack on enforcement is part of a broader effort to weaken the EPA, including attacks on scientific research and protective regulations.
An EPA spokesperson defended the administration's record, claiming a focus on "swift compliance" rather than "overzealous enforcement" and stating that more cases were concluded than under Biden's first year. However, Peer's analysis focused on major cases, not minor administrative ones, arguing that administrative enforcement is insufficient for large, complex violations requiring substantial penalties and long-term remedies.
Historical Context and Future Implications
Major cases in the past have included settlements like Volkswagen's $1.4 billion penalty for Clean Air Act violations in 2017, BP's $250 million penalty for toxic emissions in Indiana in 2023, and Norfolk Southern's $335 million settlement for Clean Water Act violations after the 2023 East Palestine train wreck. Industry observers note that such blockbuster settlements are now rare under the current administration.
As enforcement wanes, communities near polluting facilities face increased health risks, while corporations may prioritize profits over environmental compliance. The analysis underscores a significant shift in US environmental policy, with potential long-term consequences for pollution levels and regulatory integrity.
