Environmental Protection Agency Adopts New Enforcement Approach Prioritizing Compliance Assistance and Communication
Environmental attorneys Matthew Leopold, Andy Emerson, Ashley Phillips, Alexandra Ward and Maggie Pahl co-authored an article for The Journal of Federal Agency Action analyzing the U.S. Environmental Protection Agency's (EPA) new "compliance first" enforcement approach prioritizing efficiency and swift resolution under the clearest interpretation of applicable law. A December 2025 memorandum from the EPA's Office of Enforcement and Compliance Assurance (OECA) initiated the policy, which covers all civil, judicial and administrative enforcement activities, including cases in process, and directs agency personnel to facilitate compliance through steps such as proactive technical assistance and open communication and collaboration with regulated entities. Notably, according to the authors, the memorandum de-emphasizes formal enforcement and injunctive relief, as these actions take longer and drag out investigations, and stipulates that any relief sought must be tailored to address specific violations based on clear legal requirements. The article provides a helpful guide to the new framework and how it may be executed.