On December 5, 2025, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance issued a memorandum titled “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities”(Compliance Memorandum). The Compliance Memorandum, nicknamed the Pritzlaff Memo, directs staff to prioritize efficient compliance over punitive measures, supporting the agency’s “Powering the Great American Comeback” initiative and balancing environmental protection with economic growth. The Compliance Memorandum emphasizes that enforcement should focus on obtaining compliance efficiently and economically. We have yet to see how the Compliance Memorandum manifests. These themes are noteworthy:
- The Compliance Memorandum does not de-prioritize inspections or other compliance assurance activities; and
- The Compliance Memorandum changes the potential set of remedies and EPA’s approach.
Key Changes from Past Practice
Historically, EPA enforcement focused on building robust cases that aligned with compliance priorities and forced regulatory interpretations through enforcement that could withstand litigation. EPA’s case selection often resulted in prolonged investigations, expansive injunctive relief, and noteworthy fines. The Compliance Memorandum shifts EPA’s enforcement focus away from expansive enforcement actions and towards efficiency and clarity to achieve well defined compliance. Notable changes include:
- Compliance Over Punishment
The Compliance Memorandum directs EPA personnel to prioritize achieving compliance “in the most efficient, most economical, and swiftest means possible.” This includes open communication between EPA and regulated entities throughout inspections and the enforcement process. The increased transparency or “no surprises” framework aims to avoid disputes over process and procedures. - Rescission of 2021 Injunctive Relief Guidance
The Compliance Memorandum rescinds the April 2021 memorandum that encouraged expansive injunctive relief measures such as advanced monitoring, third-party audits, and supplemental environmental projects (SEPs). Under the new framework, injunctive provisions must be narrowly tailored, legally defensible, and directly tied to specific violations. And notably, SEPs are prohibited until further guidance is issued. - Clear and Consistent Findings of Violation
Findings of violation must now be clear and unambiguous, well-tailored, and based on the “best reading” of statutes and regulations. When a respondent questions how EPA interprets and applies the rule, questions will be elevated for review on a national level. - Enhanced State and Tribal Coordination
Reinforcing cooperative federalism, the Compliance Memorandum emphasizes deference to authorized state programs and mandates open communication to avoid duplicative or conflicting enforcement actions. - Compliance Assistance and Voluntary Programs
EPA will expand the use of compliance assistance tools, including proactive outreach, technical training, and voluntary self-audit programs. This reflects a shift toward collaborative problem-solving rather than adversarial enforcement. - Reasoned Decision-Making Using LEAPS Factors
Enforcement decisions must now apply the “LEAPS” framework—Law, Evidence, Analysis, Programmatic impact, and Stakeholder impact—supporting transparency and rationality in case development. Notably, the Compliance Memorandum explains that this framework should be used to act swiftly to limit citizen suit actions that EPA believes “unfairly impact policy through abusive litigation tactics.”
Implications for Enforcement Going Forward
If EPA regional offices follow the directives, we expect more expedient and narrower enforcement actions, driving quick corrective actions. Regulated entities can expect:
- Faster Case Resolution: Reducing protracted investigations and negotiations, EPA aims to shorten negotiation timelines and avoid unnecessary complexity by focusing on timely compliance rather than punitive measures.
- Reduced Use of Expansive Remedies: Constraining expansive and expensive injunctive relief, EPA aims to limit obligations to the identified violations and a narrower reading of compliance obligations under the regulations.
- National Consistency: Preventing EPA regions from enforcing the same regulations differently, the Compliance Memorandum anticipates development of consolidated criteria for violation categories resulting in national consistency and transparency.
- More Collaborative Engagement: Enhancing cooperative federalism, the roles of agencies with delegated authorities, and voluntary compliance programs, the Compliance Memorandum directs EPA staff to engage in more communication with both state and tribal partners, and to use voluntary compliance programs to achieve quicker compliance.
What Should Companies Do Now?
Although the Compliance Memorandum portends a new EPA enforcement approach, EPA does not diminish the obligations and importance of investment in robust compliance programs. Maintaining a culture of compliance is strongly recommended:
- Review and Strengthen Compliance Programs
Ensure internal environmental compliance systems are robust, documented, and capable of quickly addressing potential violations. Maintain or implement regular environmental compliance audits to identify and address potential non-compliance expeditiously. - Voluntary Audit and Self-Reporting Opportunities
The memorandum encourages voluntary “find and fix” programs. Participating in self-audit initiatives can reduce enforcement risk and demonstrate good faith to regulators. Companies should fully understand self-disclosure programs and their pitfalls before disclosing potential violations. - Enhance Communication with Regulators
Have a plan in place for regulatory inspections, with clear roles and responsibilities defined. Communicate with EPA staff during inspections and enforcement discussions to understand the agency’s expectations, deliverables, and milestones. - Stay Within Clear Legal Boundaries
EPA aims to apply the “best reading” of statutes and regulations. Companies should do the same when interpreting compliance obligations to avoid compliance risks. If there is ambiguity, work with counsel to develop a defensible interpretation and consider seeking clarification from EPA. If companies have preferable examples, communicate those examples in alignment with EPA’s goal of national consistency and uniform enforcement. - Monitor State Coordination
Relationships with state regulators remain important. EPA will give greater deference to authorized state programs, which means state regulators may play an even more active role in enforcement. Companies should maintain strong relationships with state regulators and understand state-specific enforcement priorities. - Environmental Laws
The Compliance Memorandum is a new chapter in EPA’s enforcement approach, but the underlying environmental laws remain in place. Citizen plaintiffs can initiate actions. And states may act more aggressively in the absence of EPA enforcement. Invest in a culture of compliance.
Bottom Line: The Compliance Memorandum represents a move toward efficiency, clarity, and cooperation in EPA’s enforcement. If EPA ultimately takes a less aggressive enforcement approach, regulated entities still must comply, prepare for inspections, and self-correct any identified compliance gaps.