EPA Enforcement Against Major Polluters Collapses Under Trump Administration
February 13, 2026
Enforcement of environmental laws against major polluters has nearly stopped under the Trump administration, according to a new analysis of EPA records. From January 2025 to January 2026, the EPA filed just one Clean Air Act consent decree. This is a sharp fall from 26 in Trump’s first term and 22 under Biden's first year. Consent decrees are key legal tools used by the EPA and the Justice Department to enforce laws on big polluters in oil, gas, coal, and chemical industries.
Superfund cleanup enforcement also dropped, with only seven consent decrees filed, down from 31 under Trump's first administration. Clean Water Act enforcement cases fell from 18 under Biden to just four under Trump. The nonprofit group Public Employees for Environmental Responsibility (Peer) conducted this analysis.
Tim Whitehouse, Peer’s executive director and former EPA attorney, said, "The EPA’s enforcement program is dying on the vine, and that’s intentional. Without proper enforcement, many companies ignore laws because there are no consequences." He warned that this means more pollution near communities and higher profits for polluters.
The analysis highlights that major environmental cases, like Volkswagen’s $1.4 billion clean air settlement in 2017 and BP’s $250 million penalty for toxic air emissions in 2023, are now rare. Norfolk Southern’s $335 million Clean Water Act settlement after the Ohio train wreck is another example.
An EPA spokesperson defended the Trump administration's record, stating, "Unlike the last administration, we focus on swift compliance and not overzealous enforcement intended to cripple industry based on climate zealotry." The spokesperson dismissed the Peer report as an "erroneous report from a leftwing group funded by dark money."
A current unnamed EPA enforcement employee said the administration prefers "compliance" over "enforcement." The difference is that compliance means suggesting companies improve with little punishment, while enforcement includes fines and penalties that deter violations. The employee confirmed Peer’s data aligns with their experience.
The employee noted several administrative barriers, like requiring high-level approvals to pursue strict actions, causing delays. A March EPA memo stated enforcement will not "shut down any stage of energy production," further softening actions against polluters.
Staffing cuts in EPA enforcement and Justice Department environmental lawyers by up to 30% and 50% respectively have also hurt enforcement efforts. This creates a "broad chilling effect," making investigators hesitant.
"The American people are at risk of health impacts from pollution," said the employee. "Companies know EPA and DOJ are friendly to industry and won’t enforce laws strongly."
Peer’s report commented that while minor cases are handled as administrative violations quickly, they are insufficient for major cases needing large penalties and long-term fixes.
Whitehouse summed up the situation: "The administration acts like a subsidiary of big oil, chemical, and powerful industries. Enforcement is a large part of that."
Read More at Theguardian →
Tags:
Epa
Environmental Laws
Pollution
Trump administration
Enforcement
Superfund
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