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ARTICLE · 22 MAY 2023

Environmental Enforcement Trends: 2022 Update

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Rebounding from the COVID-19 pandemic, many observers wondered whether environmental enforcement cases would increase in 2022.

United StatesEnvironment
Baker Botts
Baker Botts
Jeffrey H. Wood
Jeffrey H. Wood

Rebounding from the COVID-19 pandemic, many observers wondered whether environmental enforcement cases would increase in 2022. With another year under its belt, the Biden EPA has had more time and stability to pursue its policy objectives and adjust enforcement priorities. Recent announcements and data released by the EPA suggests that as the Biden agenda becomes more entrenched, EPA and DOJ are prioritizing enforcement cases involving energy interests, particularly in areas of environmental justice ("EJ") concern, even as the total number of federal environmental enforcement cases continue to gradually decline consistent with long-term trends.

EPA's enforcement program is currently guided by National Compliance Initiatives ("NCIs") last updated in 2019. Those initiatives include focusing compliance and enforcement efforts aimed at, among other things, cutting air and water pollution and preventing accidental releases at industrial and chemical facilities. Late in

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