On March 12, 2025 EPA’s Office of Enforcement & Compliance Assurance (OECA) issued revised guidance for implementing the agency’s 2024-27 National Enforcement and Compliance Initiatives (NECIs), instructing personnel that environmental justice considerations shall “no longer inform EPA’s enforcement and compliance assurance work” and states that “race and socioeconomic status are not permissible considerations” for exercising enforcement discretion. The guidance bars enforcement personnel from using EJScreen data in decision making or relying on “qualitative cumulative pollution risk” information unless they receive approval from the Assistant Administrator.
The guidance further requires all EPA enforcement and compliance actions to align with President Trump’s “Unleashing American Energy” Executive Order (EO 14154). Any action that may restrict energy production or power generation must be pre-approved by OECA leadership. The guidance also explained the focus of the previous NECIs “will be adjusted to conform” with Trump Administration Executive Orders and the priorities of the current EPA Administrator.
Background
On August 17, 2023, EPA issued 2024-2027 National Enforcement and Compliance Initiatives Focused on Overburdened Communities. EPA focuses its enforcement and compliance assurance resources “on the most serious environmental violations by developing and implementing national program priorities, called National Enforcement and Compliance Initiatives (NECIs).” The new initiatives, outlined in a memo, focused on six categories including mitigating climate change, addressing exposure to PFAS, protecting communities from coal ash contamination, and reducing air toxics in overburdened communities. EPA also committed to integrating environmental justice considerations into each Initiative.