On May 9, President Donald Trump issued Executive Order No. 14294, which aims to reduce the burden of criminal penalties for regulatory violations, declaring that “[i]t is the policy of the United States that … Criminal enforcement of criminal regulatory offenses is disfavored.” Although one may interpret this statement as all but foreclosing environmental criminal prosecutions that are based on violations of federal environmental regulations, a closer review shows that the U.S. Department of Justice and the U.S. Environmental Protection Agency will still have discretion to bring environmental criminal cases, albeit in more limited circumstances.
This Law360 article by Sidley partners Justin Savage and Timothy Webster reveals that while this order may seem to suggest fewer environmental criminal prosecutions for regulatory violations, it does not eliminate them altogether. Rather, it opens the door for more strategic, higher-stakes enforcement, and establishes new expectations on how businesses must show good faith compliance.
