Environmental regulatory requirements can pose significant challenges and risks for companies.  Even the best efforts can sometimes fall short due to administrative oversights, changes in regulations, or changes in material and waste handling at a company.  A December 5, 2025, internal policy memorandum at the United States Environmental Protection Agency (EPA) may provide some relief from an enforcement-first approach.

The memorandum from the EPA’s Office of Enforcement and Compliance Assurance (OECA), “Reinforcing ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities,” is effective immediately.

Prioritizing Environmental Compliance

The memo that was issued by Acting Assistant Administrator Craig J. Pritzlaff states, “This policy reinforces prioritizing environmental compliance across all OECA civil judicial and administrative enforcement activities in the most efficient, most economical, and swiftest means possible, while ensuring that our actions align with the clearest, most defensible interpretations of our statutory and regulatory mandates.”

The memo goes on to say, “This policy reinforces that when confronting compliance issues, every employee should begin by asking how compliance can be achieved in the most efficient and quickest means possible.”

The following six factors provide the foundation for the compliance-first framework.

1. Compliance Assistance Toolkit: The memo notes the importance of enforcement as a deterrent and for reducing pollution.  However, it states that the enforcement program will prioritize deployment of its compliance assistance tools.  This includes providing proactive outreach, technical assistance, and training to the regulated community to “facilitate compliance and increased understanding.”  Importantly, they state that the program will promote voluntary compliance through self-reporting and voluntary audits.
2. State Partner Coordination: With a reemphasis on cooperative federalism, the memo states that OECA enforcement efforts “must be based on a clear federal interest” and that authorized states have primary jurisdiction over many of the programs.
3. Open Communication: In the memo, Mr. Pritzlaff calls for “open communication and genuine collaboration between the agency, states, Tribes, and regulated entities.”  “For those programs administered by EPA and that are not authorized or approved for delegation to states, regional and headwaters managers shall communicate with their state manager counterparts to (for example) avoid overscheduling compliance assurance activities at a site.”
4. Finding of Violation: “Expansive regulatory interpretations in the compliance and enforcement context can create regulatory uncertainty, reduce transparency, undermine program integrity, and erode public confidence.  A finding of violation for non-compliance must be clear and unambiguous, well-tailored and based on the ‘best reading’ of the relative statute and regulation.”
5. Compliance Requirements and Injunctive Relief: “To the extent compliance assurance or informal enforcement is unable to achieve rapid compliance or is inapplicable, formal enforcement may be necessary.”  Pritzlaff also states that “The April 26, 2021, EPA Memorandum, ‘using All Appropriate Injunctive Relief Tools in Civil Enforcement Settlements’ describes several expansive remedies.  The 2021 memorandum is overly broad in its approach and therefore is rescinded.”
6. Reasoned Decision-Making: “Decisions on noncompliance determinations and the appropriate means for achieving compliance must be based on rational, transparent, and logical decision making.”  Analysis should apply LEAPS factors (law, evidence, analysis, programmatic impact, and stakeholder impact).

Two Takeaways

First, the focus of OECA is to delegate environmental compliance to authorized states, unless there is a clear federal interest.  So keeping a pulse on state-level activity will be increasingly important.

Second, with the focus on compliance over enforcement, it’s hard to imagine a more favorable regulatory climate to conduct an environmental compliance assessment or audit.  Perhaps, like never before, the emphasis is on compliance, and it appears the OECA wants to avoid enforcement where possible.

What Should You Do?

Dragun can assist you with environmental compliance matters, including a compliance assessment.  However, if you have not done a compliance assessment in several years, you might want to first contact your legal counsel to advise you on legal protections available through state and federal audit privilege programs.

 For more information or assistance, contact our office at 248-932-0228.

Alan Hahn drafted this blog.  Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management.  He has worked in environmental management for more than 45 years.  He has written hundreds of blogs and articles.  His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.

This blog was reviewed by Matthew Schroeder, M.S., P.E.  Matt is a senior environmental engineer at Dragun Corporation.  Matt has advised industrial, commercial, municipal, and agricultural clients on environmental compliance for over 30 years.  Matt has defended violations under RCRA, SARA, CWA, and NPDES; prepared, reviewed, and implemented numerous emergency plans; and advised on discharge permitting compliance for a wide variety of industries.  Matt is a frequent speaker, author, and expert witness.  See Matt’s bio.

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