EPA's Environmental Enforcement: What Will 2016 Bring?

The U.S. Environmental Protection Agency (EPA) had a busy year in 2015, launching its Clean Water Rule, the Clean Power Plan, and proposed new rules for oil and gas operations, among other new regulatory developments. On the enforcement side, the EPA centered its efforts on achieving compliance, deterring future noncompliance and raising the bar for poor performers. In its Dec. 16 press release describing fiscal year 2015 environmental enforcement results, the EPA noted that the year was highlighted by large cases that will reduce pollution, level the playing field for responsible companies, and protect public health in communities across the country. Looking forward to 2016, companies that are subject to complex environmental regulatory programs and the practitioners who advise them can gain an understanding of EPA enforcement trends and objectives through a review of EPA’s 2015 efforts and current enforcement policies.

Looking Back at 2015

Highlights of the EPA’s fiscal year 2015 enforcement efforts include: $7 billion in investments by companies in actions and equipment to control pollution and clean up contaminated sites; $404 million in combined federal administrative, civil judicial penalties and criminal fines; $4 billion in court-ordered environmental projects resulting from criminal prosecutions; 129 combined years of incarceration for sentenced defendants; $1.98 billion in commitments from responsible parties to clean up Superfund sites; and $39 million for environmental mitigation projects that provide direct benefits to local communities across the country, according to the EPA’s website. While the EPA’s enforcement numbers are substantial, they indicate a decrease in some metrics. For example, the EPA initiated fewer civil cases and launched fewer criminal investigations in 2015 than in prior years, noting that its strategy of pursuing complex, high-impact cases led to fewer actions overall. Citing an overall decrease in site inspections due to budget considerations, the EPA also notes its efforts to gather compliance data through supplemental measures in addition to “on the ground” inspections.

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