Trump’s second-term enforcement retreat reshapes federal power, draws legal fire

Trump’s second-term enforcement retreat reshapes federal power, draws legal fire

In a dramatic and unprecedented shift, the Trump administration is rolling back the reach of federal oversight — not through sweeping legislation or new rulemaking, but by halting enforcement across key agencies. From environmental protections to civil rights and consumer safeguards, enforcement activity has plunged to levels unseen in modern US governance, the Washington Post reported.

The strategy marks a defining turn in the US President’s second term, aimed at shrinking the regulatory state by abandoning the rules it once enforced. At multiple agencies, Trump-appointed leaders have instructed staff to suspend routine investigations, audits, and penalties — bypassing the usual legal processes for changing or eliminating federal standards.

Pipeline safety enforcement collapses

At the Pipeline and Hazardous Materials Safety Administration (PHMSA), a branch of the Transportation Department, enforcement cases have virtually vanished. Just five cases have been opened since Trump returned to office — a 95% drop from Biden’s final year and lower even than during Trump’s first term.

The plunge coincides with a new proposal that allows PHMSA enforcement staff to be disciplined or overruled by political appointees, raising alarms about retaliation. “Inspectors will fear that they could be fired just for doing their job,” said Sen. Maria Cantwell (D-Wash.), warning of risks to public safety.

Appliance standards, gone by memo

The slowdown extends to the Energy Department, where Trump has directly ordered officials not to enforce longstanding efficiency rules on showerheads, toilets, and appliances — a favourite grievance he revived on the campaign trail.

Supporters call the move a win for consumer choice, while critics argue it violates the Administrative Procedure Act and the Energy Policy and Conservation Act. “It’s patently illegal,” said Andrew deLaski of the Appliance Standards Awareness Project.

Labor Department scales back civil rights oversight

At the Labor Department, enforcement of equal employment opportunity (EEO) laws has stalled at the Office of Federal Contract Compliance Programs. A January memo instructed staff to “cease and desist” enforcing protections stemming from a 1965 executive order — even though key provisions remain legally binding under later statutes.

Employees report that audits of hiring practices, pay equity, and workplace discrimination have halted, with complaints from veterans and people with disabilities going unaddressed.

EPA enforcement slowed to a crawl

Environmental Protection Agency enforcement actions have fallen by over 15% compared to the Biden administration, with the EPA now initiating an average of 92 cases per month — down from 111 under Biden and 116 during Trump’s first term. A March memo ordered that no enforcement be taken against the energy industry unless an “imminent” health threat exists.

“The idea that enforcement should spare fossil fuel and petrochemical operations is a clear case of favouritism,” said David Uhlmann, former EPA enforcement chief. “No one gets special treatment — or at least, no one should.”

Consumer protection agency effectively shuttered

The Consumer Financial Protection Bureau (CFPB) — a post-2008 watchdog agency — has also been gutted. The Trump administration fired most of its staff in March and instructed remaining employees to drop or delay active enforcement work. At least 21 lawsuits, including those against major banks and retailers, have been quietly dismissed.

Recruiters say law firms that once defended clients against CFPB actions are seeing a steep drop in demand. “Enforcement is dormant completely,” said Stephen Springer of legal firm Major, Lindsey & Africa.

A presidency governed by non-enforcement

Legal experts say Trump’s new approach is a radical extension of executive power. “He’s saying across the board: ‘If I don’t like it, I won’t enforce it,’” said Peter Shane, a presidential power scholar at NYU. “To my knowledge, no other president has taken that kind of stance.”

While past presidents have used enforcement discretion — Nixon to resist civil rights mandates, Obama to defer deportations under DACA — Trump’s administration has systematized the tactic across the federal bureaucracy.

Critics say this informal approach could destabilize government, weakening protections without congressional repeal or public rulemaking. For many civil servants, the new normal is uncertainty, legal risk — and silence. “We’re just trying to make sure people follow the rules,” said one PHMSA employee, “but now that alone puts us at risk.”