As we pointed out in our January 5, 2026, blog, an internal Environmental Protection Agency (EPA) memorandum emphasized compliance first and states, “This policy reinforces that when confronting compliance issues, every employee should begin by asking how compliance can be achieved in the most efficient and quickest means possible.”

The compliance-first approach has been criticized by some former EPA employees.  In fact, many aspects of this Administration’s approach to environmental matters have been viewed negatively by environmental groups.

For example, in a February 5, 2026, article, Bloomberg (paywall) states that, according to the Environmental Integrity Project, compared with the first year of previous administrations, including President Trump’s first term, the current administration has taken fewer “polluters” to court and settled fewer existing cases.

In another recent article in the Environment and Energy Leader (E+E Leader), they write, “Civil judicial cases filed by the Department of Justice’s Environmental Enforcement Section fell sharply in 2025.”  They note that penalties have dropped to approximately $15 million, the lowest in decades.

Administrative Enforcement Expects Immediate Environmental Compliance

While civil enforcement is down, it appears the compliance-first approach is focused on using administrative enforcement to get companies in compliance quickly.

From E+E Leader (all bold text is from the publication):  “Rather than relying primarily on protracted judicial cases, regulators are making greater use of administrative enforcement mechanisms that allow violations to be addressed more quickly and with fewer procedural barriers.  These actions often impose immediate compliance obligations, corrective measures, and monitoring requirements—frequently without the extended negotiation periods that companies historically relied upon.”

The E+E Leader acknowledges the change in approach to compliance.  “Although overall enforcement activity has declined in some metrics compared with prior years, the nature, pace, and strategic focus of enforcement actions in 2025 are challenging the assumptions underlying traditional corporate compliance models.”

According to the article, the current EPA has “faster expectations for corrective action, compressing timelines that many compliance systems were never designed to meet.”  Importantly, this may put increased pressure on companies to devote more resources to address compliance issues in a shorter time frame.

Administrative Cases Up 35% Compared to the Biden Administration

Bloomberg also acknowledges that the EPA has ramped up administrative action.  “The EPA has settled nearly 1,650 cases between January 20, 2025, and September 30, 2025.  This represents a 15% increase compared with a similar timeframe in Trump’s first term and a 35% increase compared with President Joe Biden’s administration.”

In general, the current EPA appears to be focused on results rather than a protracted process.  The E+E Leader article states that the “EPA has less tolerance for unresolved or recurring violations, is establishing shorter timelines for corrective action once noncompliance is identified, and is placing greater emphasis on demonstrable compliance outcomes rather than remediation plans.”

Trump’s Environmental Advisor

As we shared in our February 10, 2025, blog, President Trump’s appointment of Ed Russo (a self-described “dirt kisser and tree hugger”) to the White House Environmental Task Force Advisor was not a typical “conservative” choice.  Mr. Russo promised to “aggressively implement practical, commonsense environmental solutions.”  The Administration’s solutions-based approach seems to reflect Mr. Russo’s philosophy.

Environmental Compliance Assistance

Dragun can assist you with environmental compliance matters, including a compliance assessment.  However, if you have not completed a compliance assessment in several years, you might want to first contact your legal counsel to advise you on the legal protections available through state and federal audit privilege programs.

 For more information or assistance, contact our office at 248-932-0228.

 Alan Hahn drafted this blog.  Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management.  He has worked in environmental management for more than 45 years.  He has written hundreds of blogs and articles.  His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.

Jeffrey Bolin, M.S., reviewed this blog.  Jeff is a partner and senior scientist at Dragun Corporation.  He is a published author, a frequent speaker, and an expert witness.  His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas.  See Jeff’s Bio.  

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