Government shutdowns enable polluters to evade EPA enforcement

The ongoing U.S. government shutdown, now in its 42nd day, has furloughed most EPA enforcement staff, potentially allowing polluters to increase emissions unchecked. New research from past shutdowns shows coal plants released 15 to 20 percent more particulate matter during such periods. As funding extends only through January 30, environmental oversight remains vulnerable.

The U.S. government shutdown began on October 1, 2025, leading to the furlough of most Environmental Protection Agency (EPA) civil enforcement staff by the end of the month. Only essential personnel addressing imminent threats remained on duty. Justin Chen, president of AFGE Council 238, which represents EPA employees, stated, “The inspection and enforcement arm of the agency has largely been shuttered.” Chen himself was furloughed on October 20.

EPA staff from Washington, D.C., and 10 regional offices typically conduct inspections at refineries, power plants, and factories, review compliance data, issue fines, and collaborate with the Justice Department on court cases. Regional offices have about 18 staffers each for air, water, and hazardous waste enforcement, totaling roughly 600 employees nationwide. These roles also involve supervising state-delegated activities and tribal consultations.

Historical data underscores the risks. During the 35-day shutdown at the end of 2018, researchers at Pennsylvania State University analyzed emissions from 204 coal-fired power plants. They found a 15 to 20 percent increase in particulate matter within a 1.8-mile radius, using EPA-reported data and NASA satellite imagery. Lead author Ruohao Zhang noted, “The only possibility is a temporary change of the end-of-pipe pollution abatement device,” suggesting operators disabled controls knowing inspections were unlikely. Emissions normalized once enforcement resumed.

Similar patterns emerged in 2020 amid COVID-19 restrictions, when the EPA excused non-compliant facilities from monitoring. Self-reported data showed 40 percent fewer smokestack emission tests in March and April compared to 2019. Counties with six or more reporting facilities saw a 14 percent rise in particulate matter.

Jen Duggan, executive director of the Environmental Integrity Project, warned, “It means that communities may be more exposed to pollution, if companies do break the laws, and there’s no one from EPA working to be able to respond.” The shutdown disrupts settlements, which require evidence less than a year old, complicating timely resolutions.

This furlough compounds broader challenges under the Trump administration, with the EPA cutting nearly 25 percent of its workforce and the Justice Department losing 4,500 employees, halving its environmental enforcement capacity. In the first eight months, the DOJ filed just nine major civil cases against polluters, down from 53 in the prior term. Duggan called this “a significant slowdown of the enforcement process.” Senate approval on Sunday extends funding through January 30, with House and presidential sign-off expected, but Democrats decry the move, raising shutdown revival risks.

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