Alert

Trump EPA: Interplay of Deregulation and NGO Citizen Suits

February 19, 2025

President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt an increase in citizen suits by non-governmental organizations (NGOs) seeking to fill perceived enforcement gaps.

Which issues might NGOs seek to litigate in response to sweeping environmental rollbacks? By examining past trends and case studies, we can identify the likely trajectory of environmental governance under a second Trump administration.

EPA Enforcement of Environmental Regulations

Environmental protection in the United States has long been a battleground between regulatory agencies, industries, and advocacy groups. The EPA plays a crucial role in enforcing environmental laws, but its effectiveness depends on the political climate. The first Trump administration (2017-2021) saw significant EPA deregulation, triggering a surge in lawsuits from NGOs. A continuation or escalation of deregulatory policies is expected during Trump’s second term, likely resulting in increased litigation by NGOs attempting to uphold environmental protections. This is especially true as EPA employees are being asked to leave the agency.

Legal Foundations of Environmental Citizen Suits

Citizen suits have played a critical role in U.S. environmental law for decades, serving as a tool for individuals and organizations to enforce statutory protections when government agencies do not. The legal framework includes:

1. Clean Air Act (CAA): Allows citizens to sue alleged violators of air quality standards and challenge EPA inaction.
2. Clean Water Act (CWA): Enables suits against potential polluters and the EPA for failure to enforce regulations.
3. Endangered Species Act (ESA): Permits lawsuits compelling government agencies to protect species deemed under threat.

The Supreme Court’s decision in Friends of the Earth v. Laidlaw Environmental Services (2000) reinforced the standing of NGOs in environmental litigation, affirming that the risk of harm, rather than actual harm, was sufficient to bring suit. This ruling expanded NGO capacity to challenge regulatory rollbacks in court.

NGO Civil Suits during Trump’s First Term

Under his first administration, Trump prioritized regulatory rollbacks, arguing that environmental protections imposed economic burdens. Key actions included:

• Repeal of the Clean Power Plan: Reduced restrictions on greenhouse gas emissions from power plants.
• Loosening of Clean Water Act Protections: Narrowed the definition of Waters of the United States (WOTUS), limiting federal jurisdiction over wetlands.
• Reduced Fuel Efficiency Standards: Scaled back Obama-era vehicle emissions standards.
• Relaxed Methane Emission Limits: Lifted requirements for oil and gas companies to monitor and repair methane leaks.

In reaction, environmental organizations significantly increased litigation efforts:

• Environmental Defense Fund (EDF) v. EPA (2019): Challenged the rollback of air pollution regulations.
• Natural Resources Defense Council (NRDC) v. Wheeler (2020): Fought against reduced mercury and toxic air standards.
• Center for Biological Diversity v. Bernhardt (2020): Opposed relaxed protections for endangered species.

During President Trump’s first term, there was a significant increase in environmental citizen suits, largely in response to the administration’s deregulatory actions. Environmental non-profit organizations experienced a sharp rise in donations, enabling them to intensify enforcement efforts through litigation. For instance, Earthjustice filed 120 lawsuits in the first two years of the administration to defend health and environmental protections, achieving favorable decisions in 16 out of 17 major cases.

Similarly, the Center for Biological Diversity filed 266 lawsuits against the Trump administration throughout its tenure, winning 9 out of every 10 resolved cases. This surge in litigation reflects a broader trend of increased legal actions by citizens and environmental groups aiming to uphold environmental standards amid federal regulatory rollbacks.

Anticipating Environmental Regulatory Rollbacks

Trump and his administration would likely pursue deeper regulatory rollbacks. Potential policy moves could include:

• Further cuts to the Clean Water Act: Expanding industry exemptions under WOTUS.
• Loosening of National Environmental Policy Act (NEPA) Reviews: Reducing environmental review requirements for infrastructure projects.
• Expanding oil and gas leasing on public lands: Overturning Biden-era restrictions on fossil fuel development.
• Abolishing climate-related financial regulations: Preventing federal agencies from considering climate risks in financial decisions.
• Rolling back renewable energy subsidies: Favoring fossil fuel industries over alternative energy initiatives.

A Surge in Environmental NGO Citizen Suits

NGO lawsuits have historically surged in response to regulatory rollbacks. The Reagan and George W. Bush administrations saw similar litigation patterns, though at a lesser scale than under Trump’s first term. If Trump’s second term brings deeper deregulation as outlined above, these actions would likely encourage strong reactions from environmental organizations, prompting a new wave of citizen suits.

Based on anticipated deregulation, lawsuits would likely target:

• Water protections: Challenges to weakened CWA enforcement.
• Climate policy: Lawsuits against the removal of greenhouse gas regulations.
• Biodiversity and land use: Opposition to increased drilling and logging on public lands.
• Toxic chemical regulation: Litigation over lessened EPA oversight of hazardous substances.

NGOs would likely pursue litigation through multiple avenues:

• Suing the EPA directly: Asserting that regulatory rollbacks violate statutory obligations.
• State-level challenges: Working with state attorneys general to block deregulation.
• Corporate accountability lawsuits: Pressuring companies through shareholder and consumer litigation.
• Suing companies directly for potential violations of existing risk-based standards.

These strategies could collectively serve as a counterbalance to federal deregulation efforts.

Broader Implications for Environmental Governance

As executive agencies scale back enforcement, courts increasingly become the primary venue for environmental governance. This shift raises concerns about judicial efficiency and the long-term effectiveness of litigation as a regulatory tool.

Frequent policy reversals between administrations can create instability, making long-term environmental planning difficult for industries and advocacy groups alike.

If federal deregulation advances, state governments may take a more active role in enforcing environmental laws, particularly in Democratic-led states.

Trump’s second term will likely bring continued and expanded EPA deregulation, prompting a corresponding surge in NGO citizen suits. Historical trends indicate that environmental groups will continue to turn to the courts to uphold protections, challenging regulatory rollbacks in areas such as water quality, air pollution, hazardous waste, and climate policy. While litigation can function as an alternative to deregulation, reliance on judicial intervention raises broader concerns about the sustainability of environmental governance in the absence of consistent federal enforcement.