Executive Summary
- The ongoing government shutdown has furloughed the vast majority of the EPA’s civil enforcement staff, halting routine inspections and oversight.
- A study of the 2018 shutdown found that coal-fired power plants increased particulate matter emissions by 15-20% when EPA enforcement was inactive.
- Similar trends of increased pollution were observed in 2020 after the EPA relaxed its enforcement policies during the COVID-19 pandemic.
- The current furloughs add to challenges from prior staff reductions at the EPA and a slowdown in environmental cases pursued by the Department of Justice.
A 42-day U.S. government shutdown has resulted in the furlough of most of the Environmental Protection Agency’s (EPA) civil enforcement staff, effectively pausing federal oversight of major environmental laws. Historical data from previous shutdowns and periods of relaxed enforcement suggest such lapses can lead to a significant increase in industrial pollution.
Impact on Federal Oversight
The EPA’s enforcement division is tasked with ensuring compliance with key environmental legislation, including the Clean Air Act and Clean Water Act. This involves conducting inspections at facilities like refineries and power plants, reviewing compliance data, and pursuing legal action against violators. Justin Chen, president of the AFGE Council 238 union representing agency employees, stated that the “inspection and enforcement arm of the agency has largely been shuttered,” with the majority of inspectors, officers, and legal staff currently furloughed.
Evidence from Past Shutdowns
Precedent indicates that a lack of federal oversight may embolden polluters. A study by Pennsylvania State University researchers on the 35-day shutdown in late 2018 found that 204 coal-fired power plants increased their emissions of particulate matter by 15 to 20 percent. According to Ruohao Zhang, the study’s lead author, the findings suggest plants were less likely to operate pollution controls when they knew federal inspectors were not active. Emissions reportedly returned to previous levels once the shutdown ended.
A similar pattern emerged during the COVID-19 pandemic in 2020 when the EPA announced it would excuse non-compliance for facilities unable to monitor and report emissions. Research showed companies conducted 40 percent fewer emission tests during that period, and counties with numerous polluting facilities saw a 14 percent increase in particulate matter pollution.
Broader Enforcement Challenges
The furloughs compound existing challenges for the agency. The Trump administration has overseen significant staff reductions at both the EPA and the Department of Justice (DOJ). According to an analysis by the Environmental Integrity Project, the DOJ initiated only nine major civil cases against polluters in the first eight months of the Trump administration, a sharp decline from 53 cases during the same period in his first term. Jen Duggan, executive director of the nonprofit, noted, “If you are cutting the staff that are doing that job, you know that’s going to have an impact.”
These interruptions in federal monitoring send a message that oversight is diminished, potentially exposing communities to higher levels of pollution. As government shutdowns become more frequent, the cumulative environmental effect of these enforcement gaps remains a significant concern for environmental advocates and officials.
