The EPA’s role in enforcing environmental law falls into three broad (and overlapping) categories: Civil, Criminal, and Cleanup. Although some on the receiving end of an enforcement action may believe the government has unlimited resources (and the ever-increasing national debt does nothing to dissuade this belief), even the EPA has to prioritize its resources and periodically issues a statement of “National Priorities for Enforcement and Compliance Assurance.”   The current statement was issued in May 2007 and was intended to cover the Fiscal Years 2008-2010. These priorities include reducing toxic air emissions pursuant to the Clean Air Act and compliance with Clean Water Act requirements, especially for commercial farms (Concentrated Animal Feeding Operations, or “CAFOs”) and sewer system operations.

With the new administration, many anticipate some shift in focus; however, it is unlikely there will be a change in the stated priorities. Instead, with a Democratic administration, we are more likely to see stepped-up efforts in investigations and enforcement of the established priorities.