Legal foundations and principles:
- Federalism: The EPA sets national environmental standards, but states implement and enforce many programs. The State Review Framework (SRF) tracks how consistently states and the EPA enforce core laws.
- Constitutional basis: The Commerce Clause enables federal regulation of environmental matters; the Supremacy Clause means federal law overrides conflicting state law; the Tenth Amendment reserves powers not delegated to the federal government for the states.
- Common law: Doctrines like public nuisance and public trust underpin early environmental cases and supplement statutory law.
- Administrative law: The EPA and other agencies make rules under the Administrative Procedure Act, and courts review agency actions.
- Ethics: Principles such as the precautionary principle (acting before full certainty), environmental justice (fair treatment for all communities), and intergenerational equity (protecting future generations) guide policy.
- Citizen enforcement: Most major environmental statutes allow citizen lawsuits, which have become more important as EPA resources decline.
Major federal statutes: scope and impact:
- NEPA (1970): Requires Environmental Impact Statements (EIS) for major federal actions; over 1,400 EISs are filed each year.
- Clean Air Act (1970, 1990): Has driven a 73 percent reduction in fine particulate matter (PM2.5) and a 77 percent drop in lead emissions since 1970.
- Clean Water Act (1972): Contributed to a 65 percent reduction in major pollutant discharges into U.S. waters since enactment.
- Endangered Species Act (1973): Over 1,700 species listed as endangered or threatened; 54 species have recovered as of 2025.
- CERCLA/Superfund (1980): 444 hazardous waste sites have been fully cleaned up; 1,336 remain on the National Priorities List.
Enforcement and compliance trends (2020-2024):
- Civil cases: The number of EPA civil enforcement cases has declined from 2,500 in 2020 to 2,180 in 2024.
- Criminal defendants: Criminal environmental prosecutions have fluctuated, with a recent uptick to 155 defendants in 2024 (the highest since 2019), but remain below historic highs.
- Penalties: Annual penalties have risen from $1.2 billion in 2020 to $1.6 billion in 2024, reflecting some larger cases.
- Inspections: EPA inspections increased from 10,000 in 2020 to 11,500 in 2024.
- Superfund cleanups: The number of Superfund sites cleaned each year remains low (19 in 2024), reflecting the complexity and cost of remediation.
- Long-term trend: Overall, enforcement (civil, criminal, inspections) has declined since 2014, with a partial rebound under the Biden administration.
EPA budget and policy trends:
- Budget: The EPA’s budget increased from $8.1 billion (2016) to $9.14 billion (2024), but a proposed 54 percent cut would reduce it to $4.16 billion in 2026.
- Policy shifts: “Project 2025” proposes eliminating EPA’s enforcement and environmental justice offices and shifting enforcement to states, which could further reduce federal oversight and resources.
EPA criminal enforcement resources:
- Criminal investigators: Only 147 criminal investigators in 2024, well below the 200 required by law.
- Criminal cases: 120 new criminal cases opened in 2024, down nearly two-thirds from 2012.
- Convictions: Convictions are about half of 2014 levels, reflecting fewer resources and cases.
- Training: Over 1,000 partners trained on environmental crime in 2024, showing ongoing outreach despite resource constraints.
Recent EPA Region 10 Clean Water Act cases (Q1 2025):
- Penalties: Cases in Alaska, Idaho, Oregon, and Washington resulted in penalties ranging from $488 to $143,900. Some cases (for example, Puget Sound Shoreline Rock Armoring) required corrective action without monetary penalties.
- Geographic spread: This reflects EPA’s ongoing focus on compliance in the Pacific Northwest.
State, federal, and international context:
- State innovation: California (SB253/SB261), New York (A4123), and Vermont (Climate Superfund) are leading with new climate and disclosure laws.
- Federal preemption: Legal conflicts are ongoing between federal and state authority, especially over climate and ESG laws.
- International: The United States remains a party to the Paris Agreement and Montreal Protocol; global standards like the UK Environment Act and EU CSRD increasingly influence U.S. policy.
- State Review Framework: EPA and states share enforcement; SRF assesses consistency and effectiveness.
Outcomes and challenges:
- Air and water quality: Dramatic improvements since 1970, but many challenges remain.
- Hazardous waste: Hundreds of Superfund sites cleaned, but over a thousand remain.
- Declining enforcement: Fewer criminal cases, penalties, and inspections compared to a decade ago.
- Budget cuts: Proposed cuts threaten enforcement and program capacity.
- Environmental justice: Increased focus, but resources and enforcement in overburdened communities still lag.
- Citizen enforcement: Lawsuits by citizens and NGOs are increasingly critical as federal resources shrink.