In First 6 Months Under Trump, Polluters Already Paying Lower Fines to EPA

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Environmental Protection Agency headquarters in Washington, D.C.
Environmental Protection Agency headquarters in Washington, D.C. Credit: US EPA

It hasn’t taken long for Donald Trumpย to make hisย mark (well, many marks)ย on the U.S. Environmental Protection Agency (EPA). In the first six months inย office, his EPAย under Scott Pruittย has already seen a precipitous drop in enforcement for violators of major environmental laws, such as the Clean Air Act and Clean Waterย Act.

So far, the Trump administration has collected 60 percent less in fines for civilย lawsuits against polluters on average,ย compared to the previous threeย administrations.

This information, which excludes Superfund and criminal cases,ย was highlighted in a report released today by the nonprofit Environmental Integrity Project.ย 

โ€œThis report now illustrates that Scott Pruitt is unwilling or unable to carry out the basic statutory mission of the EPA, which is enforcement of our environmental laws,โ€ said Judith Enck, former EPA administrator for Region 2, which covers New York, New Jersey, and Puertoย Rico.

Return to ‘Coreย Mission’?

Enck expressed concern that this weak start to environmental enforcement would continue underย Pruitt.

This is despite Pruitt’s stated desire to return the agency to its โ€œcore statutory missionโ€ of protecting air, water, and land. In a May press release supporting Trump’s proposed 31 percent budget cut for EPA, Pruitt stated, โ€œThis budget supports EPAโ€™s highest priorities with federal funding for priority work in infrastructure, air and water quality, and ensuring the safety of chemicals in theย marketplace.โ€

That proposed budget would slash funding for enforcement by 23 percent. Even with current funding levels,ย the EPA under Pruittย has pursued fewer cases enforcing environmental protectionsย and collected smaller fines โ€” less than half the total amount of other administrations in their earlyย days.

Eric Schaeffer, executive director of the Environmental Integrity Project and former Director of Civil Enforcement at EPA, suspects he knows a big reason for this drop underย Pruitt.

โ€œI think thereโ€™s a management gap,โ€ heย said.

โ€œYou canโ€™t run EPA and you certainly canโ€™t run enforcement with photo ops and showing up and doing a wave and leaving after ten minutes. Itโ€™s very hard work. You have to have people who know the business and you have to put them in charge and you have to empower them to do the work. And I just donโ€™t think this is the focus forย them.โ€

Regulationsย Rollback Overย Enforcement

Schaeffer pointed to what he saw as the focus instead for the current administration:ย โ€œThe leadership in EPA is very focused on rollback. They never talk about enforcement. The agenda is to knock out as many rules as possible and change as many environmentally friendly policies asย possible.โ€

As of July 1, The New York Times reported that โ€œScott Pruitt has moved to undo, delay, or otherwise block more than 30 environmental rules, a regulatory rollback larger in scope than any other over so short a time in the agencyโ€™s 47-year history, according to experts in environmentalย law.โ€

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Those efforts aren’t particularly surprising. During his tenure asย attorney general of Oklahoma, Pruittย  suedย theย EPAย at least 14 times, but not because the federal agency’s actions weren’t strong enough to keep Oklahoma air, land, and waterย clean.

โ€œIn all but one of these 14 cases, regulated industry players also were parties. And these companies or trade associations in 13 of these cases were also financial contributors to Mr. Pruitt’s political causes,โ€ย The New York Timesย reported.

As for chemical safety, Trump’s proposed budget would eliminate a program allowing industry to digitally report the shipment of hazardous waste around the nation, which means EPA would be stuck tracking the movement of dangerous chemicals onย paper.

Of course, budget cuts and loss of staff are nothing new to the EPA in recent years, even under Obama. Yet Enck emphasized that in spite of that,ย her EPA region was still able to bring strong cases againstย violators of environmental protections and successfully push for pollution reductions to save lives and protect publicย health.ย 

โ€œThat did not interfere with our enforcement priority,โ€ saidย Enck.

Here’s how the Trump administration’s EPA stacks up on enforcement in its first six months, compared with those of Barack Obama, George W. Bush, and Bill Clinton during the sameย time.

โ€œWe may be facing a time when EPA is no longer the environmental cop on the beat, just the way big polluters would like it,โ€ saidย Enck.

Main image: A U.S. Environmental Protection Agency building.ย ย Credit: U.S. EPA, publicย domain

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Ashley is Senior Editor of DeSmog. She is also a freelance science and environmental journalist, and a contributing science writer for Natural History Magazine. Her work has appeared in publications such as The Atlantic, Slate, Science, Scientific American, Discover Magazine, Hakai Magazine, and Medium.

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