loading . . . When a quarter of polluting facilities ignore the law, who’s left to enforce it?
Interview transcript:
Terry Gerton EPA enforcement cases have plummeted, even as noncompliance rates climb. Now, a major staffing cut at the Justice Department’s environmental section and a federal shutdown that paused inspections leave enforcement at a crossroads. Federal News Network’s Eric White spoke with former EPA Deputy Assistant Administrator Stacey Geis about the resource drain crippling environmental enforcement and whether states can fill the widening gap.
Eric White You know, as far as EPA enforcement, environmental enforcement from a federal perspective, things were kind of on a downward trend already and then with a slight bump. And now the first few months of the Trump administration, DOGE came in, the EPA was certainly on the list of agencies that they felt they could take some action against. What is the state of federal environmental enforcement right now? Let’s begin there.
Stacey Geis I think it’s important to understand the context of your question, meaning what is the state of environmental enforcement been, say, for the last 15 years generally and the landscape we are in right now? Back in, I think it was 2019, but there was a report that was done by Cynthia Giles, who was head of the office of enforcement and compliance assurance at EPA back in the Obama administration. And she went off to Harvard and did a report that showed that the level of significant noncompliance in the United States is surprising. And the numbers are that generally most facilities that have permits to pollute are 25% out of compliance, 25% of those companies are out of compliance with existing laws, regs or permits. And that for the facilities that emit the most hazardous air pollutants, the numbers were up to 50%, 75% noncompliance. So I say it because you’re starting from a place where we have more noncompliance than I think we would all expect. And of course, there could be a lot of reasons for that, including it could be laws that are tough to know how to comply with. So there’s a host of reasons. But I say that because it’s important to then put that into context of where we are now. Back during the Bush administration, Bush II, EPA was doing up to 6,000 enforcement cases a year. And then there was a very big decrease starting in the Obama years, and it just kind of kept going down, where they really decreased resources EPA’s enforcement. And now, you know, when the last administration came in and tried to revitalize EPA, hired hundreds of people, including in the enforcement division, and the numbers started going back up. But still, so in 2024, there were about 1,800 cases, civil enforcement cases that were concluded. So now we are in this, in the last 2025. What we’ve seen is two things. One, a reprioritization of this administration when it comes to what type of enforcement they want to do. And so a lot of folks, including the Department of Justice and the Environmental and Natural Resources Division were, on day one, reassigned to do other things, including immigration. And then of course, there was a whole host of terminations, administrative leaves, people who resigned, and then I think thousands who took the “fork in the road.” So we have an incredible resource drain right now at EPA. We also have it at the Department of Justice, which is obviously the partner that does a lot of the enforcement. So I would say where we are right now is that we will see in December, that’s when EPA has to announce, or generally for the last 10 years has announced, its enforcement results, its annual enforcement results. Meaning: how many civil cases were done, how many criminal cases, how many hundreds of millions of pounds of pollution were removed in the United States because of those enforcement actions? Those numbers will come out in December and it will be very interesting to see what those numbers are compared to prior years.
Eric White Let’s talk a little bit about the manpower aspect of this. What does proper environmental enforcement require? Does it need a lot of attorneys, investigators? I imagine that these aren’t easy cases to make, proving causation and whether or not who is to blame for environmental pollution, that can probably be tough given that it can be hard to obtain hard evidence. Can you just expand upon how, you know, just having workforce cuts in general to environmental enforcement, whether it is EPA or DOJ, and the effect that that just has on environmental enforcement in general.
Stacey Geis There’s federal enforcement, EPA does enforcement, DOJ does. There’s also states that do that, and we can talk about that later in terms of how potentially whether we will see the states gap-filling because of what we think will be a lack of federal enforcement. But going to your question, it is a whole team that exists to put together an enforcement case, and it starts with the inspectors. And those are also part of the Office of Enforcement. So you have inspectors who just routinely go out — like with any regulation, whether it’s OSHA, they go and they inspect the facilities for compliance. It starts there. And that’s one thing, for example, that’s paused during the shutdown, inspections are paused. But it’s the inspections that then are one of the key ways that an agency finds out that a facility may not be in compliance. And then that starts — you may have investigators who come in and start investigating further. You have to have scientists. You have to have hydrologists. You have to have people who know air regulations, who can come in and ascertain whether or not this really non-compliance. What level? Is this something that rises to the level of an enforcement action? And if so, what kind of enforcement action? Is it something that it should be a minor fine and they’re going to fix it? Or is it’s something that’s lying, cheating, stealing, and they are being deceptive, bypassing the pollution scrubber, and you could be looking at a criminal case. So you have inspectors, you have investigators, and then you have all the attorneys both at EPA and the Department of Justice. EPA has its own enforcement program where they do kind of those more minor, what we call administrative enforcement actions, where it’s going to be a fine and course-correcting and getting the company back into compliance. And then if it turns out the violations require a more serious enforcement, whether civil or criminal, it’ll be referred to the Department of Justice. And those Department of Justice attorneys then bring the cases to court. So that’s why the incredible drain we’re seeing in resources at DOJ as well — and I can give you numbers on that, but the environmental section is down, I think 50% to 60% of what it was in January — means understandably less resources to develop the case and less resources prosecute.
Eric White We’re speaking with Stacey Geis. She is a senior counsel with Crowell and Moring, also former deputy assistant administrator at the Environmental Protection Agency. You mentioned something in your first answer regarding how compliance could be tied to … it’s really, really hard to be in compliance, right? Especially when you’re operating a facility that is dealing with a lot of different chemicals. I mean, you know, just forming compliance, sometimes the drain comes from the people that you’re trying to enforce the regulations on, just because they need that expertise in order to reach compliance. Are there enough compliance experts to go around and also, how tough are these regulations to be in compliance? Are certain industries just going to always be having to deal with this?
Stacey Geis That is a question that we could have a whole day on that, in terms of how to craft good regulations that both are easy for the company to understand and comply with and easy to enforce. What I will say, though, is one of the challenges with the shutdown — because people are asking, what is the impact of the shutdown? I mean, the industry is facing incredible uncertainty. With the shutdown, what is paused, both at EPA and DOJ, are most enforcement actions. Criminal enforcement actions continue under their various shutdown plans, and it’s always been that way. And there’ll still be enforcement when it comes down to imminent and substantial threats to public harm or the environment. That is a very small subset. One thing that the Office of Enforcement does — it’s called the Office of Enforcement and Compliance Assurance, because not only does it enforce the laws, it’s there to provide compliance assistance to the companies, to help them. We want them to comply you, we as a public want companies to comply, right? And we want to have agencies, federal or state, that are assisting them in helping understand those regulations so they can comply. Right now, I don’t know if they called up EPA or one of the regions if they’re going to get the person, because they’re furloughed, to answer those questions. So one thing with this shutdown is not only does it mean that enforcement’s not going forward, but there’s a real uncertainty that the industry is facing right now, too, in terms of their cases aren’t moving forward, they can’t get in touch, they may have compliance questions they cannot get answered. So it actually impacts anyone who is affected by environmental regulations, meaning affected by pollution.
Eric White When you were in your position at EPA, how often were you all paying attention to those numbers? I’m just wondering about, you now, sometimes we can get caught up in, “well, the numbers increase that must mean that everything is on the up and up,” or you know, numbers are down as you had mentioned, when they’re severely down, something is definitely going on. What was the push and pull between quality versus quantity there, as far as the number of enforcement cases that you all were actually pursuing? And how did that factor into your analysis of whether or not you felt you were doing a good enough job or not?
Stacey Geis The question you want to address whenever you’re doing enforcement is going after the most harm, right? And you have limited resources. And then any unlawful violation, but certainly one of like a public and health and safety regulation, which is what pollution regulations really are, is how do you take these limited resources and best use them to enforce laws in a way that will alter behavior going forward, not just that company that may be out of compliance, but the entire industry? And so that is the challenge and always the work you’re doing is, how do you use those resources effectively and efficiently? And so while numbers matter to some extent in terms of showing like exactly what, what cases are being done, how many inspections are being done, there’s certainly a metric by which you want to use it to assess how your programs are going. You also are always looking and doing a harm analysis. Focusing on which of the cases rise to the level of the greatest harm, that maybe a federal response could be needed versus maybe the state could handle it. So that is always the calculus, it’s sort of this balance, right? So it’s never that the numbers mean everything, but that’s why you combine those numbers with, okay, so this is how many cases you prosecuted, this is many civil cases you did … that’s why when they bring the numbers, and that’s why the December numbers will be so important, is they do things like the on the ground metrics. How much pollution was reduced, was cleaned up, because of those enforcement actions? That’s a good metric. And one we’re going to want to look at. Because again, the goal is to abate the harm.
Eric White I don’t want to get you in any trouble, and you can talk as vague as you’d like, but I was wondering if we could maybe get some insight on a particular case. Who was your Al Capone? Who is your white whale that you were able to get one time? Like I said, you don’t have to mention any specifics, but is there anything that you can recall, an insight into what you saw one time and you were to successfully get them either in compliance or successfully prosecute any sort of criminal malfeasance?
Stacey Geis I mean, I can certainly talk about the defeat devices and the sort of “VW-gate” matters — that was where the company was intentionally altering the emissions control to allow the trucks or the vehicles to pollute more than the laws, regulations and permits allowed. And that was a billion-dollar criminal civil case. VW was not the only one. So those cases were still going forward while in the last couple of years. And even in the last year, there was one against Cummins, and this is public, it’s huge, they made all the Ram trucks. I think they paid over $1 billion. And then there was once against Hino, that’s public, that was a criminal-civil matter — they were called the subsidiary of Toyota. But again, those are really big cases where you’re really addressing a systemic issue. And again, bringing those cases, having very high fines, and even some of those cases being criminal is hopefully a deterrent and a message to other companies of, hey, if you’re going to try to unlawfully alter the systems of your software and your cars to pollute beyond what is allowed, that there will be enforcement there. So I think that was almost like a bigger effort that went over years, but that was something that happened in the last couple of years that I think were significant cases.
Eric White And finishing up here, we’ve seen the Trump administration decrease the resources in areas that they feel have too much government oversight in them; CFPB comes to mind. And what I’m feeling is, is that a major Supreme Court case is probably in our future of determining what an executive branch can do and what the threshold is. You know there are environmental laws that say the federal government is responsible for enforcement in this area; at what point do you deplete enough resources where a reasonable person can feel the government is not fulfilling that law? I just was curious about getting your thoughts on that, and if that is in fact in our future of some major case that may set the precedent for that.
Stacey Geis That’s a great question. And you hit on an important point, which is, again, as I noted earlier, a lot our environmental laws that are federal laws have been delegated to the states to implement and enforce. Clean Water Act, Clean Air Act, hazardous waste laws. And there’s still a very vital role for the federal enforcement program, and there’s a big reason for that. There’s three things that need to happen. A lot of the question has been, well, if federal environmental enforcement decreases, how, if at all, will the states step in to gap-fill where there’s noncompliance in their states and there’s not an enforcement action? But there’s three issues with that. One, you have a state that has the resources to actually do those cases, including maybe the bigger ones. You need to have a state that prioritizes environmental enforcement. A lot of states are dealing with so many other big issues; it could be housing, it could be healthcare, or it could be a lot of things, right? So you need to have a state that actually is putting resources and prioritizing environmental enforcement in their state. And then, like you said, there’s several threats to the environment and public health that are not enforced by the states, and only EPA can do those, like pesticide registration, most enforcement in Indian country. And then there’s certain Clean Air Act and Clean Water Act and hazardous waste laws that only implemented by EPA and DOJ. Coal ash contamination is a big one, that’s a place where we see a lot of noncompliance. And so as a result in 2024, EPA came out with national enforcement initiatives, which is really to look at what are the biggest serious threats to the country that there’s so much significant noncompliance that it really could use federal assistance, or it’s in an area that only EPA enforces, not the states. Coal ash contamination was one of those. So you’re right, we very well will get to a place — I think these numbers in December will be really helpful to see what’s happening. I think what we all care about is, what’s the on-the-ground impact to the people? We have tens of millions of Americans who can’t drink their tap water. And that was another enforcement initiative, was really focusing on the community water systems throughout the country, thousands of which are often violating at least one health-based standard. And what are the efforts? NEPA had a whole program, to not just enforce but really provide compliance assistance to help those community water systems be able to provide safe drinking water to Americans. That’s where we’ll want to look and see, what are the impacts of this reduction, this serious reduction in workforce, reduction in priorities? And then obviously some of these things the states can’t do because they’re not delegated to do it. And even if they did, do they have the resources and will?The post When a quarter of polluting facilities ignore the law, who’s left to enforce it? first appeared on Federal News Network. https://federalnewsnetwork.com/management/2025/11/when-a-quarter-of-polluting-facilities-ignore-the-law-whos-left-to-enforce-it/