On May 8, 2026, EPA published a report that lists the agency’s criminal regulatory offenses by environmental statute, as required by President Trump’s executive order (“EO”), titled “Fighting Overcriminalization in Federal Regulations.” For each identified criminal regulatory offense, the report outlines the range of potential criminal penalties for a violation and the required culpable mindset, including for offenses arising under the following statutes:
- The American Innovation and Manufacturing Act;
- The Clean Air Act;
- The Comprehensive Environmental Response, Compensation, and Liability Act;
- The Clean Water Act;
- The Marine Protection, Research, and Sanctuaries Act;
- The Emergency Planning and Community Right-to-Know Act;
- The Federal Insecticide, Fungicide, and Rodenticide Act;
- The Noise Control Act;
- The Resource Conservation and Recovery Act;
- The Safe Drinking Water Act; and
- The Toxic Substances Control Act
In line with President Trump’s EO targeting strict-liability criminal regulatory offenses, where liability attaches without proof of a culpable mindset, EPA is “strongly discouraged” from imposing criminal penalties for any offense not identified in this report. Additionally, EPA must consider if an offense is in this report before making a criminal referral, and the attorney general must consider this before initiating a criminal investigation or criminal proceedings.
EPA will publish this report on its website and update the report annually.
For further questions regarding this topic, contact Liskow attorneys Greg Johnson, Clare Bienvenu, Sean Toomey, Emily von Qualen, and Colin North, and visit the Louisiana Industrial Insights Hub for further updates.
The Report catalogues EPA criminal regulatory offenses—violations of regulations promulgated by the EPA which, if committed with the requisite mental state set forth in the criminal enforcement provisions of federal pollution control statutes, can result in criminal charges brought by the
Department of Justice.