Navigating EPA's New Enforcement Playbook: How "Compliance First" Policy Reshapes Risk For Regulated Entities

With the advent of the new year, regulated entities will be watching to see how USEnvironmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance (OECA) will implement its December 2025 Memorandum on Reinforcing a "Compliance First" Orientation for Compliance Assurance and Civil Enforcement Activities. The memo reflects a shift in policy away from enforcement and toward identification, efficient resolution, and environmental compliance. However, the memo still leaves open questions on how the OECA may use enforcement mechanisms to further the administration's agenda and whether a "compliance first" culture will level the playing field for the regulated industry or do the exact opposite.