EPA's Compliance Memo Downplays Formal Injunctive Relief, Lawyers Say

Environmental attorney Matthew Leopold was cited in an Inside EPA article analyzing a U.S. Environmental Protection Agency (EPA) memo establishing a "compliance first" standard for its Office of Enforcement and Compliance Assurance (OECA). The memo, issued December 5, 2025, outlines an approach that expeditiously resolves noncompliance and promotes cooperation and communication between the government and regulated entities, states and Tribes. Mr. Leopold commented that with the memo, EPA announces a move away from formal enforcement and injunctive relief in favor of alternative mechanisms such as proactive technical assistance and voluntary audits, which spell opportunities for companies that find themselves under the agency's microscope.

"Companies or individuals may find themselves across the table from an EPA more amenable to resolving noncompliance through enforcement alternatives, and industries grappling with inconsistent or legally unsupported interpretations of statutes and regulations may have a new escalation avenue for such issues," he said.

READ: EPA's Compliance Memo Downplays Formal Injunctive Relief, Lawyers Say (Subscription required)

Mr. Leopold also co-authored a Holland & Knight alert on this topic.