EPA Enforcement Under Trump 2.0: What Regulated Industries Need to Know

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The Trump administration’s second term has brought notable changes to environmental enforcement priorities at the Environmental Protection Agency. Recent data shows a shift in the mix of enforcement actions, with changes to both agency resources and enforcement philosophy that chemical manufacturers and other regulated industries should understand.

Enforcement Activity: A Mixed Picture

Recent enforcement data shows divergent trends across different types of actions:

Civil Judicial Cases Down: In the administration’s first six months, the Justice Department initiated 14 lawsuits for environmental violations, compared to 42 in Trump’s first term and varying numbers under previous administrations, as reported by USA Today. By eight months, DOJ had initiated 9 major civil cases on behalf of EPA, compared to 46 in the same timeframe under Biden and 53 during the equivalent period in Trump’s first term, according to the Washington Post.

Settlements have also decreased. Through the first eight months, Justice completed 28 environmental enforcement cases, compared with 81 under Biden and 80 in the first Trump administration during the same period.

Administrative Actions Stable: EPA maintains that administrative enforcement actions—which handle smaller offenses without court involvement—have remained steady or increased. The agency’s administrative case metrics match or exceed past presidencies, according to EPA statements. According to figures EPA provided to Inside EPA, the agency concluded 126 national-priority civil enforcement cases between January 20 and May 7, 2025, up from 97 cases over the same period in 2024.

Criminal Enforcement Claims: EPA asserts it has opened more environmental criminal cases in its first six months than the Biden administration. However, publicly available data does not yet confirm this—the most recent criminal cases in public databases date to 2023, making independent verification difficult at present.

Long-Term Context: Civil judicial cases have trended downward for over a decade. The Obama administration filed 102 lawsuits in the first six months of its first term in 2009, representing the peak of this enforcement metric. Every subsequent administration has seen declines, partly reflecting resource constraints across multiple administrations.

Staffing and Resource Changes

EPA and DOJ enforcement offices are undergoing significant personnel changes. EPA’s Office of Enforcement and Compliance budget has decreased by approximately $200 million since 2011 (inflation-adjusted), with staffing reduced by over 500 employees across multiple administrations, USA Today reported. The current administration is pursuing a 23 percent staff reduction at EPA—approximately 4,000 positions.

The Department of Justice’s environmental enforcement section has also experienced staff reductions. Reports indicate the unit’s attorney count dropped from approximately 120 earlier in 2025 to an estimated 65-70 lawyers by mid-year.

The government shutdown in late 2025 temporarily furloughed approximately two-thirds of surveyed EPA enforcement staff, according to union data. These furloughs affected inspections and case work during the shutdown period.

Policy Changes and Enforcement Priorities

The administration has established new enforcement priorities through formal guidance:

Environmental Justice Considerations: A March 2025 EPA memo states that “environmental justice considerations shall no longer inform EPA’s enforcement and compliance assurance work.” The memo specifies that enforcers will not consider whether affected communities are overburdened or vulnerable when making enforcement decisions.

In a statement to USA Today, the EPA described this as promoting equal treatment, adding that the agency will “make sure that enforcement targets the worst pollution and threats to human health, wherever they occur.”

Energy Production: The March memo establishes that “enforcement and compliance assurance actions shall not shut down any stage of energy production (from exploration to distribution) or power generation absent an imminent and substantial threat to human health.”

Enforcement Philosophy: In its statement, EPA added that its current focus is on “efficiently resolving violations and achieving compliance as quickly as possible rather than pushing for broad injunctive relief that goes beyond what the law requires.” The agency also told the Washington Post that it is “focused on statutory obligations and Presidential priorities.”

EPA defends its approach by noting that “civil judicial complaints filed are not the best measure of law enforcement or compliance with environmental laws” and points to administrative and criminal metrics as better indicators of enforcement activity. The agency states: “A focus on quick return to compliance and addressing clear violations will increase efficiency and ensure that the Agency is accountable to the American people for every dollar spent.”

Targeted Regulatory Relief

The administration has pursued an aggressive deregulatory agenda through executive orders and agency actions. Key developments include:

  • Air Quality Standards: EPA recently moved to roll back stricter particulate matter standards implemented under Biden, arguing the previous administration exceeded its authority without sufficient review. The Biden-era standard lowered acceptable soot levels from 12 to 9 micrograms per cubic meter—a change EPA projected would prevent up to 4,500 premature deaths by 2032.
  • Water Protections: EPA released a proposal to dramatically narrow Clean Water Act protections, potentially stripping safeguards from between 38 and 70 million acres of wetlands and countless stream miles. The proposed rule would limit federal jurisdiction only to wetlands with surface water during the wet season that directly connect to continuously flowing water bodies.
  • Industry-Specific Relief: President Trump has issued proclamations granting two-year regulatory exemptions to facilities deemed vital to national security, including coke oven operations, copper smelters, coal plants, and certain chemical manufacturers. These facilities can comply with pre-Biden standards during this relief period.
  • TSCA Delays: EPA delayed the effective date of several Toxic Substances Control Act rules to March 2025, including the TCE risk management rule, providing additional time for regulatory review.
The FIFRA Exception

Notably, EPA enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has remained robust—and even intensified. As discussed in a previous post, from February through July 2025, EPA opened 84 FIFRA administrative enforcement cases with civil penalties, compared to 59 during the same period in 2024. Several 2025 FIFRA settlements rank among the largest on record.

This aggressive FIFRA enforcement continues despite broader budget cuts and deregulatory initiatives, suggesting pesticide compliance remains a priority focus area. EPA has also implemented an Expedited Settlement Agreement pilot program for minor FIFRA violations, offering discounted, non-negotiable settlements to streamline enforcement.

Strategic Implications for Compliance

The current enforcement environment presents several considerations for regulated entities:

Civil Judicial Enforcement: With fewer civil lawsuits being filed, companies face reduced likelihood of federal court actions in the near term.

Administrative Enforcement Continues: EPA maintains that administrative enforcement remains active and reportedly exceeds previous levels. These actions should not be underestimated—administrative penalties can reach high six- and low seven-figure amounts. Additional costs include attorneys’ fees, consultant expenses, and implementation of corrective measures. For product-based programs like TSCA, violations can result in loss of market access, stop-sale orders, and significant business disruption.

Alternative Enforcement Mechanisms:

State Enforcement: State agencies have primary enforcement authority for many environmental programs. However, many states have also experienced budget and staffing constraints in recent years, creating variability in state-level enforcement capacity.

Citizen Suits: Environmental statutes authorize private parties to bring enforcement actions. Organizations like the Environmental Integrity Project have filed federal lawsuits against industrial facilities for air and water violations. These citizen suits can result in penalties and requirements to install pollution controls.

Recent citizen suit examples include actions against petroleum coke plants in Louisiana, the Shell plastics plant in Pennsylvania, and food processing facilities for Clean Water Act violations.

Practical Considerations

For TSCA-regulated manufacturers and other chemical industry clients:

Compliance Planning: Environmental statutes and regulations remain in effect. Violations occurring now remain subject to administrative enforcement, citizen suits, and future enforcement actions. For TSCA matters, violations risk market access restrictions.

FIFRA Enforcement: Pesticide and antimicrobial enforcement remains robust, with an uptick in enforcement compared to 2024.

Alternative Enforcement: State agencies and citizen suits continue as enforcement mechanisms. Recent citizen suits have targeted petroleum coke plants, chemical facilities, and food processors.

Regulatory Relief: The administration has provided targeted relief including two-year exemptions for certain industrial facilities and delays of TSCA rule effective dates. Companies should evaluate whether their operations qualify.

Recommended Actions: Monitor regulatory developments, maintain compliance programs, document compliance efforts, assess citizen suit exposure, and consult counsel before operational changes.

This blog post is for informational purposes only and does not constitute legal advice.