From Protection to Persecution: EPA Enforcement Gone Rogue Under the Biden Administration

Immigration Enforcement and Sanctuary PoliciesHouse Oversight and Government Reform Subcommittee on Federal Law Enforcement · 2025-09-16 · 119th Congress
The House Oversight Subcommittee on Federal Law Enforcement held this hearing to examine whether EPA and DOJ used disproportionately aggressive, criminal-style enforcement tactics — including armed raids — against small automotive tuning businesses accused of Clean Air Act "defeat device" and on-board-diagnostics (OBD) tampering violations. Begins at 0:11:25
Transcript
Highlights

Title

House hearing on EPA criminal enforcement against small auto-tuning businesses

Purpose

The House Oversight Subcommittee on Federal Law Enforcement held this hearing to examine whether EPA and DOJ used disproportionately aggressive, criminal-style enforcement tactics — including armed raids — against small automotive tuning businesses accused of Clean Air Act "defeat device" and on-board-diagnostics (OBD) tampering violations. Republicans, led by Chairman Clay Higgins, argued the Biden-era EPA weaponized its criminal authority against small "mom and pop" operators rather than large industrial polluters, while Democrats countered that the Trump administration's EPA has instead abandoned enforcement and gutted environmental-justice programs that protect low-income communities of color. Witnesses included a small-business owner prosecuted by EPA, a defense attorney representing similar defendants, and a former EPA enforcement director. Begins at0:11:25

Who spoke

Chairman Clay Higgins (R-LA)0:11:25: Gaveled in and argued EPA's enforcement shifted from industrial polluters to "regulatory terror" against small businesses via armed raids0:11:510:14:53; later questioned Willis on the case's financial toll0:41:53 and closed by asking whether armed tactical raids over regulatory violations are the country Americans want2:49:06.

Ranking Member Summer Lee (D-PA)0:18:23: Said EPA enforcement protects clean air and water, and that the Trump EPA has dropped over 160 corporate enforcement cases and cut ~200 environmental-justice staff0:19:22; later pressed Schaeffer on whether EPA is currently "doing its job"2:31:59 and sought to enter Willis's plea agreement into the record2:34:58.

Kory (Corey) Willis, Owner, PPEI Custom Tuning0:23:44: Testified EPA investigation and eventual 2022 consent decree cost him over $3.1 million in penalties0:45:34, roughly $7 million in legal fees, and $12M–$100M in lost business0:46:04; said the decree requires CARB certification despite never shipping products to California0:45:04, and CARB has not approved a single application in over two years, with testing costing $22,000 per product2:27:00.

Justin Savage, Partner, Sidley Austin LLP0:28:31: Described a client, John Long, whose home was raided at dawn by ten armed agents wielding a battering ram over six felony OBD-tampering charges, conduct EPA had treated as civil since a 1993 guidance memo0:31:50; said prosecutions of this type rose nine-fold under the Biden administration0:33:14.

Eric Schaeffer, former Executive Director, Environmental Integrity Project0:34:29: Said aftermarket "delete" products strip emission controls and EPA estimates this released 570,000 tons of excess nitrogen oxides between 2009-20190:35:46; noted three federal district courts have rejected arguments that the Clean Air Act doesn't cover these tampering devices0:38:39, and later said the current EPA is "not doing its job" and is losing technical staff2:31:59.

Rep. Glenn Grothman (R-WI)2:18:57: Argued EPA's 2025 reclassification of Wisconsin's ozone non-attainment status is unfair given pollution migrating from other states, and questioned the reliability of EPA's IRIS chemical risk assessment program2:23:23.

Rep. Lateefah Simon (D-CA)2:13:37: Said EPA illegally terminated over 400 grants in March 2025 and has since cut nearly 800, including a $500,000 West Oakland environmental-indicators grant and a $75,000 Port of Oakland zero-emissions grant2:14:52; cited a study finding West/Downtown Oakland children have 1-in-2 childhood asthma rates tied to traffic pollution versus 1-in-5 in the affluent Oakland Hills2:16:28.

Rep. Scott Perry (R-PA)2:26:12: Gave Willis time to finish his opening remarks, then argued EPA regulatory science (citing PM2.5 standards and climate data) is unreliable and used to criminalize small businesses2:28:35.

Rep. Ayanna Pressley (D-MA)2:40:27: Entered a WBUR report on EPA staff losses in New England into the record2:40:58 and said children in Boston's Roxbury and Mattapan neighborhoods are seven times more likely to visit the ER for asthma than children in nearby affluent areas2:43:16.

Key moments

Willis testified his EPA case cost more than $3.1 million in civil penalties, roughly $7 million in attorney fees, and an estimated $12 million to over $100 million in lost business over the past decade0:45:340:46:04.

Savage described client John Long's home being raided at dawn by ten armed agents with a battering ram, leading to six felony Clean Air Act charges for allegedly helping six truck owners disable check-engine lights — conduct EPA had treated as a civil, not criminal, matter under 1993 guidance0:31:500:32:14.

Willis said his consent decree requires him to obtain California Air Resources Board (CARB) certification even though PPEI has never shipped products into California, and CARB has not approved a single application in over two years despite passing independent SEMA lab testing0:45:042:27:00.

Savage said criminal prosecutions of small automotive businesses for OBD tampering rose nine-fold under the Biden administration0:33:14.

Schaeffer cited EPA data that trucks with removed pollution controls released about 570,000 tons of excess nitrogen oxides between 2009 and 2019, and said three federal district courts have rejected challenges to the Clean Air Act's coverage of aftermarket defeat devices0:35:460:38:39.

Lee said the Trump EPA has dropped more than 160 corporate enforcement cases and cut roughly 200 environmental-justice staff0:19:22; Schaeffer later agreed the current EPA is "not doing its job" and is losing top technical staff2:31:59.

Simon said EPA has canceled nearly 800 previously obligated grants, including a $500,000 West Oakland grant and a $75,000 Port of Oakland zero-emissions grant, and cited a study finding 1-in-2 childhood asthma cases in West Oakland are linked to traffic pollution2:14:522:16:28.

Rep. Perry argued EPA regulatory standards, including PM2.5 thresholds, rest on data he characterized as unreliable, telling Willis "everything you're being accused of and being persecuted for is based on fraudulent data"2:29:26.

Grothman said Wisconsin's Lake Michigan-area ozone non-attainment reclassification stems largely from pollution transported from Illinois and Indiana, and that the state has already cut ozone concentrations 22% in 20 years2:19:512:20:20.

Pressley cited figures that asthma causes 14 million missed school days nationwide annually and that children in Boston's Mattapan and Roxbury neighborhoods are seven times more likely to be hospitalized for asthma than those in nearby affluent areas2:42:262:43:16.

Metadata

CommitteeHouse Oversight and Government Reform Subcommittee on Federal Law Enforcement
Chamber / CongressHouse · 119th Congress
Date2025-09-16
TypeHearing
Witnesses
Mr. Eric Schaeffer — Founder and Executive Director (former), Environmental Integrity Project
Mr. Kory Willis — Owner & Founder, PPEI Custom Tuning
Mr. Justin Savage — Parner, Sidley Austin LLP
Videoyoutube
Transcript171 caption blocks · 10,879 words · 2:52:05 runtime
EventCongress.gov 118610