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Federal environmental enforcement, as measured by Environmental Protection Agency civil cases closed against polluters, hit a two-decade low in 2022, per a report released last week by a national environmental group that blames budget cuts, staff shortages and the U.S. Senate鈥檚 failure to confirm key leaders.
The Environmental Integrity Project said the 72 civil enforcement cases closed in court during the fiscal year that ended in September under President Biden鈥檚 administration was the 鈥渓owest number in at least 22 years.鈥�
The Trump administration鈥檚 EPA closed an average of 94 cases per year while the Obama administration averaged 210 per year,聽听蝉补测蝉.
鈥淭he Biden administration鈥檚 Environmental Protection Agency was expected to step up enforcement of the Clean Air Act, Clean Water Act, and other environmental laws after the investigation and prosecution of polluters reached new lows under the Trump administration,鈥� the group said in a statement. 鈥淚t has yet to keep that promise, thanks to a refusal by Congress to reverse more than a decade of budget cuts or to confirm President Biden鈥檚 nominee to head EPA鈥檚 Office of Enforcement and Compliance Assurance.鈥�
The number of people working in EPA鈥檚 civil enforcement program has fallen from 3,294 in 2012 to 2,253 in 2022. There were 189 criminal enforcement EPA agents in 2012 but that number had fallen to 155 by 2022, the report says.
鈥淭he professional staff at EPA appears to be doing the best it can with increasingly limited resources,鈥� said Eric Schaeffer, the Environmental Integrity Project鈥檚 executive director and the former director of civil enforcement at EPA. 鈥淏ut they are not helped by ruthless budget cuts and the inability of the Senate to confirm President Biden鈥檚 pick for Assistant Administrator of EPA鈥檚 Office of Enforcement and Compliance Assurance, David Uhlmann.鈥�
Uhlmann, a former chief of the environmental crimes section of the U.S. Department of Justice and director of the University of Michigan鈥檚 environmental law program, was聽聽in June 2021 for the post, but saw his confirmation vote stalled.
鈥淭he former president鈥檚 hostility to EPA and to the enforcement of environmental laws in particular are well known,鈥� Schaeffer said. 鈥淏ut Democrats have controlled the House of Representatives for the past four years and the Senate for the past two. At this point, the Congressional refusal to support the enforcement of environmental laws it enacted is a bipartisan problem.鈥�
U.S. Sen. Bill Cassidy (R-La.)聽聽on Biden鈥檚 nominees over a dispute with EPA about Louisiana鈥檚 application to permit, site and monitor carbon sequestration wells. (聽is an informal practice in which a senator informs Senate leadership that they object to a floor vote on a nomination or measure.)
In August, the Senate聽聽Uhlmann鈥檚 nomination from the Committee on Environment and Public Works, where it had been held up, but聽to come to the floor for a vote.
鈥淪enator Cassidy does not have a hold on any EPA nominees because none of those who have been considered in committee have been brought to the Senate floor for a final vote,鈥� a spokesperson for the senator said Wednesday. 鈥淭he senator does not plan on holding Uhlmann should he be brought to the Senate floor, however the senator plans to hold other nominees. 鈥� EPA continues to block the state government鈥檚 ability to lower emissions via capturing and storing CO2 which is a vital step in preserving existing jobs and strengthening Louisiana鈥檚 economy.鈥�
In the meantime, however, enforcement at hundreds of facilities with major air and water pollution violations is languishing, the report contends.
鈥淓PA enforcement records show at least 257 major sources of air pollution with high priority violations that have persisted for more than 30 months without any real enforcement response,鈥� the Environmental Integrity Project said. 鈥淪imilarly, discharge monitoring reports show that more than 900 facilities have violated water pollution limits at least 50 times over the past three years but faced no significant enforcement action.鈥�
Budget negotiations聽
The EPA鈥檚聽聽was nearly $9.5 billion in 2012, with a workforce of 17,106. For the fiscal year that ended in September, it had a budget of nearly $9.6 billion and 14,581 employees.
Per the EPA, the budget for the Office of Enforcement and Compliance Assurance was $593 million in 2011, falling to $539 million in 2022.
鈥淭he EPA is proud of its accomplished enforcement work in Fiscal Year 22, especially considering the resource constraints the agency continues to face as a result of a decade of declining enforcement budgets,鈥� said Melissa Sullivan, an EPA spokeswoman. In聽, Biden directed EPA to strengthen enforcement of violations 鈥渨ith disproportionate impact on underserved communities.鈥�
鈥淥ur targeted enforcement work in overburdened and vulnerable communities significantly increased over past years and demonstrates the administration鈥檚 commitment to holding polluters accountable,鈥� Sullivan said. 鈥淧resident Biden鈥檚 budget calls for a significant increase in enforcement resources that would help reverse the decline in enforcement numbers that has occurred over the last decade.鈥�
In the聽聽that ends in September of 2023, Biden鈥檚 administration sought a total EPA budget of nearly $11.9 billion, about聽聽and an additional $213 million for civil enforcement efforts.
Congress is currently finalizing appropriations legislation that includes a聽, less than Biden sought but still an increase of $576 million. It includes an additional $71.6 million for enforcement and compliance.
鈥淲e鈥檙e pleased to see Congress is increasing EPA鈥檚 enforcement budget in their 2023 omnibus spending bill, and call on our leaders to take immediate steps to further improve enforcement of environmental laws by confirming David Uhlmann as head of EPA鈥檚 enforcement and compliance office as soon as possible,鈥� said Patrick Drupp, the Sierra Club鈥檚 deputy legislative director.
