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EPA Enforcement in 2026 Expected to be Heavily Influenced by Pritzlaff Memo
On December 5, 2025, EPA Acting Assistant Administrator Craig Pritzlaff released an internal memo to EPA enforcement leaders outlining a “compliance first” strategy for both ongoing and new agency enforcement cases. The memo, entitled Reinforcing a “Compliance First” Orientation for Compliance Assurance and Civil Enforcement Activities establishes a clear vision for EPA’s going forward approach to environmental compliance:
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.
Citing as its foundation various Executive Orders and EPA guidance established under the Trump Administration, the Compliance First Policy identifies an enforcement framework that is based in the first instance on ensuring that compliance is achieved in the most efficient and quickest manner possible, using the following tools:
- EPA’s “Compliance Assistance Toolkit” such as proactive outreach and training and voluntary find and fix programs;
- State Partner Coordination that promotes cooperative federalism and deference and support in program areas in which authorized states have primary jurisdiction;
- Open Communication with states, Tribes, and regulated entities to ensure efficiency and a “no surprises” framework;
- Findings of Violation that are clear and unambiguous, well-tailored, based on the best reading of the relevant statute or regulation, avoid expansive interpretations and reflect a consistent approach across EPA programs;
- Compliance Requirements and Injunctive Relief, where necessary, that is that is well-tailored to address specific violations, achieves compliance quickly, and is based on clear legal remedies and requirements; and
- Reasoned Decision Making on noncompliance and enforcement decisions based on the “LEAP” factors, consisting of law, evidence, analysis, programmatic impact, and stakeholder impact. Importantly, with respect to stakeholder impact, the memo contemplates acting swiftly to limit actions by third parties that may, through citizen suit litigation, “unfairly impact policy through abusive litigation tactics.”
The Pritzlaff memo is clear that certain circumstances may nonetheless warrant immediate formal enforcement response, such as violations that present significant harm to human health and the environment, or where there is “serious, blatant, or knowing and repetitive noncompliance suggesting a lack of internal institutional controls and complete disregard of law.” Nonetheless, the Pritzlaff memo may fundamentally alter EPA’s enforcement approach in the coming year by prioritizing well-tailored enforcement decisions that promote a speedy return to compliance, with appropriate deference to state authorities in delegated programs. Under this approach, expansive interpretations and injunctive relief will be disfavored, with EPA making a clear move away from the April 26, 2021, EPA Memorandum entitled Using All Appropriate Injunctive Relief Tools in Civil Enforcement Settlements by rescinding the memo and suspending the use of settlement tools such as advanced monitoring, third-party audits and enhanced public reporting of compliance data. Further, measures designed to address past harm to communities, such as mitigation, stipulated remedies, and supplemental environmental projects, will be discontinued until additional guidance may be issued.
