The Sorry State of Environmental Enforcement in Texas

Industry is "routinely violating" clean water laws, but both state and federal regulators seem to be looking the other way.

2 minute read

March 20, 2018, 2:00 PM PDT

By Katharine Jose


Biosolids Treatment Plant

Philip Arno Photography / Shutterstock

A new report has found that industrial facilities across the Texas are "routinely violating environmental laws by dumping excess chemicals and human waste into its rivers and bays, often without consequence," writes Naveema Sadasivem at the Texas Observer 

The study is an unsurprising condemnation of the Texas Commission for Environmental Quality—the state's primary regulatory agency—by the same organization that last year released a damning report on air pollution and enforcementBut it also exposes the potentially massive implications of a federal Environmental Protection Agency that has been significantly weakened since the start the Trump Administration. 

"The report notes that there’s been a decrease in federal enforcement under the Trump administration, both in the number of cases the EPA is pursuing, as well as the fine amounts issued. In the first six months of the administration, the agency collected 60 percent less in fines compared with under Obama, Bush and Clinton." 

Texas has never been known as the most environmentally responsible state, and TCEQ has never been known for enthusiastic enforcement of environmental regulation, but it has always had to answer to the EPA; the two agencies have fought each other in a number of battles. 

Under the current president and his industry-oriented EPA administrator, there will be much less to fight about, or at least much less to fight with. 

"The administration has proposed reducing the EPA’s budget for civil enforcement by $30.4 million for 2019. The federal budget that pays for grants assisting states in reducing water pollution has also been slashed by about 20 percent for 2018 and 2019. Those budgets cuts, combined with TCEQ’s history of turning a blind eye to repeat corporate polluters, will worsen water quality in the state." 

In fact, as hundreds of employees flee the agency, the EPA has even hired a TCEQ official who once told the Texas Tribune, " "I haven't seen the data that says lowering ozone will produce a health benefit. In fact, I've seen data that shows it might have a negative health benefit." 

(His nomination inspired a lengthy condemnation from the Union of Concerned Scientists.) 

And the latest Texan to join the EPA is a former TCEQ official who is pretty much on the fence about climate change, and in response to questions about enforcement of environmental regulation told the Observer, “I want to find a way to [say] ‘yes’ in every possible situation where we’ve got the legal justification to do so." 

Sadasivam spoke to Luke Metzger, executive director of Environment Texas, about this most recent report on water pollution. He told her, Before, at least TCEQ had to report to EPA and there was that threat of removing delegation from the state hanging out there," and added, "[t]hat doesn’t seem to exist any more.” 

Thursday, March 15, 2018 in The Texas Observer

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Blue and white Seattle Link light rail train exiting concrete Downtown Bellevue Tunnel in Bellevue, WA.

Why Should We Subsidize Public Transportation?

Many public transit agencies face financial stress due to rising costs, declining fare revenue, and declining subsidies. Transit advocates must provide a strong business case for increasing public transit funding.

April 7, 2025 - Todd Litman

Silhouette of man holding on to back of bicycle ridden by woman with Eiffel Tower in background.

Paris Bike Boom Leads to Steep Drop in Air Pollution

The French city’s air quality has improved dramatically in the past 20 years, coinciding with a growth in cycling.

April 14 - Momentum Magazine

Multifamily housing under construction.

Why Housing Costs More to Build in California Than in Texas

Hard costs like labor and materials combined with ‘soft’ costs such as permitting make building in the San Francisco Bay Area almost three times as costly as in Texas cities.

April 14 - San Francisco Chronicle

Western coyote looking at camera in grassy field.

San Diego County Sees a Rise in Urban Coyotes

San Diego County experiences a rise in urban coyotes, as sightings become prevalent throughout its urban neighbourhoods and surrounding areas.

April 14 - Fox 5