Mind Over Matter: Executive Order Seeks To Reframe Regulatory Criminal Enforcement

On May 9, 2025, President Trump issued an Executive Order entitled "Fighting Overcriminalization in Federal Regulations" (the Order), which directs federal agencies to reassess how and when criminal penalties are applied to regulatory violations. The Order opens with the premise that "[c]riminal enforcement of regulatory offenses is disfavored." While the Order broadly targets strict liability offenses—those that do not require proof of intent—it also calls for heightened scrutiny of criminal enforcement where the regulated party did not act with "intentional wrongdoing." This emphasis on mens rea (the mental state required for criminal liability) could have important implications for environmental criminal enforcement more broadly.