The EPA shifted it’s enforcement priorities last year. It calls its new approach “compliance first.” Initially laid out in the agency’s December 2025 memo, compliance first is an approach where the agency prioritizes remediation and cooperation rather than penalties. A recent Akin memo reviews how the policy is going so far and provides tips for regulated entities:
- “Investing in robust environmental management systems, internal audits, and prompt correction of issues may yield greater benefits under the new EPA policy. This investment has the dual benefit of allowing companies to identify, correct and report issues in this administration and to be well-regarded even in a far more enforcement focused administration.
- Relatedly, early, transparent engagement with the EPA is also likely to be productive. This administration’s posture of providing broad relief to companies that self-report environmental violations provides an opportunity to address potential violations with lower risk than perhaps ever before. Those on the fence about a potential disclosure will want to consider that it may not remain the case for long. Policies may shift once again under a subsequent administration with a less compliance-first focus, and environmental violations are typically actionable for a period of five years, which would stretch well beyond the 2028 presidential election, where at least some measure of uncertainty exists.”
In addition to enforcing environmental regulations with a more collaborative approach, the compliance-first policy also largely defers to the states. While setting priorities at the federal level, the EPA is relying on state agencies for the bulk of enforcement and compliance actions.
Our members can learn more about compliance issues here.
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