Overview
The second Trump administration has launched a sweeping deregulatory campaign at the US Environmental Protection Agency (EPA), raising concerns among some legal experts, environmental advocates, and public health officials. Part of EPA's new agenda is a refocusing of the Agency's mission and a redirecting of its enforcement priorities and resources. The implications for environmental enforcement targeting chemical manufacturers under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA) are presently unclear.
Under FIFRA, EPA regulates the development, import, production, promotion, sale, distribution, use, export, and disposal of pesticide products, and the Agency also regulates pest control devices. TSCA authorizes EPA to regulate the import, domestic manufacture, processing, use, distribution, export, and disposal of "chemical substances," as defined, whether alone, in mixtures, or as part of "articles," and in any quantity. Both laws are enforced by EPA's Office of Enforcement and Compliance Assurance (OECA) and the US Department of Justice (DOJ) to prevent unreasonable risks adverse effects on the environment (FIFRA) and unreasonable risk of injury to human health and the environment (TSCA).
Today, however, EPA is reorganizing OECA, altering the Biden EPA's enforcement priorities and procedures, and reallocating DOJ's resources. This is not the time for companies to scale back on their compliance. On the contrary, businesses should use this moment to conduct internal audits, review product stewardship and environmental, health, and safety procedures, and ensure that their commercial activities with pest control and other chemical products, and the products themselves, comply fully with FIFRA, TSCA, and any other federal environmental laws that apply. Taking proactive steps now—including voluntary self-disclosure under EPA's Audit Policy—can reduce or even eliminate enforcement risk and protect companies when EPA's political and regulatory priorities inevitably change again in the future.
EPA's deregulatory push gained momentum after the US Supreme Court's 2024 decision limiting judicial deference to agency interpretations of statutes. That decision has forced federal agencies to navigate new legal constraints. At the same time, EPA has downsized significantly, with steep cuts to program staff, scientific research, and enforcement capability. These developments, combined with an avowed policy preference for deregulation, have created uncertainty about enforcement priorities and activities. Yet uncertainty is not a license or encouragement to businesses to ignore environmental compliance obligations. Environmental groups already are preparing a surge of citizen lawsuits to fill a perceived void created by EPA, and some states are moving quickly to strengthen their existing enforcement programs to ensure continued protection of public health. In sum, pushback against deregulation—from courts, states, and advocacy groups—will persist.
The Trump administration's deregulatory agenda represents a presently unknown change in the federal government's role in protecting environmental and public health. If EPA significantly weakens enforcement, shrinks scientific capacity, and dismantles legal safeguards, these actions may move EPA away from its core mission, at least as the Biden EPA understood it. But the story is not one-sided: courts, Congress, states, and watchdog organizations will try to counteract any deregulatory efforts that they see as harmful and to preserve EPA's reputation as a world-leading environmental and public health institution.
For businesses, the message is clear: Do not wait for enforcement to occur or resume. Now is the time to self-audit, strengthen corporate compliance programs, and, where appropriate, make self-disclosures at both the federal and state levels. Companies that take proactive steps will be better positioned to avoid penalties, maintain public trust, and weather the uncertainty of shifting regulatory priorities. Should your company require guidance on next steps or tailored compliance strategies during this turbulent period, experienced professionals are available to help—bringing decades of perspective across multiple administrations and regulatory landscapes.
