EPA's Fiscal Year 2017 Statistics Reflect Accelerating Decline In Federal Environmental Enforcement

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) released its environmental enforcement statistics for fiscal year 2017 (FY 2017). Because EPA's fiscal year ends in September, the newly released statistics capture the final three plus months of the Obama administration and slightly more than the first eight months of the Trump administration. The enforcement statistics appear noteworthy on their face: commitments of $1.2 billion by private parties to clean up contaminated sites; criminal fines, restitution, and mitigation of approximately $2.98 billion; increases in the value of actions to improve compliance; and $1.6 billion in collected administrative and civil judicial penalties.¹ Despite these seemingly impressive statistics, the enforcement results actually reflect a rapid decline in environmental enforcement by EPA.² This steep decline in environmental enforcement began during the Obama administration and appears to be accelerating during the