The Federal Drive with Terry Gerton

When a quarter of polluting facilities ignore the law, who's left to enforce it?

Nov 25, 2025
Stacy Geis, former Deputy Assistant Administrator at the EPA and now senior counsel at Crowell & Moring, dives into the alarming drop in EPA enforcement cases as non-compliance rates soar. She discusses the critical need for staffing in environmental enforcement and the repercussions of the recent federal shutdown on inspections. Geis highlights the challenges states face in filling the enforcement gap, while also recalling high-profile cases like VW that showcase the importance of effective deterrence. It’s a crucial breakdown of the current environmental enforcement landscape.
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INSIGHT

Widespread Noncompliance Versus Dwindling Cases

  • Many permitted facilities are noncompliant: roughly 25% overall and 50–75% for the worst emitters.
  • EPA enforcement cases have fallen from ~6,000/year in the Bush era to about 1,800 concluded in 2024, showing a long-term decline.
INSIGHT

Workforce Shifts Shrinking Enforcement Muscle

  • Recent reprioritization and staffing changes shifted DOJ and EPA focus away from some environmental enforcement.
  • Thousands of hires, terminations, and reassigned attorneys have produced a severe resource drain at both agencies.
ADVICE

Protect Core Enforcement Roles First

  • Prioritize hiring and protecting inspectors, investigators, and technical staff to detect and document violations.
  • Preserve enough DOJ attorneys so serious civil and criminal referrals can be developed and prosecuted effectively.
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