The Natural Refrigeration

In December 2025, Craig J. Pritzlaff, Acting Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA), issued a memorandum that reinforces a “compliance first” orientation as the guiding principle for the U.S.

Environmental Protection Agency (EPA). The policy prioritizes environmental compliance “in the most efficient, most economical, and swiftest means possible, while ensuring that our actions align with the clearest, most defensible interpretations of statutory and regulatory mandates.”

The policy reflects priorities details by President Trump’s Executive Orders related to regulation and EPA Zeldin’s agenda for the “Powering the Great American Comeback” Initiative. According to the memo, all EPA personnel responsible for civil judicial and administrative enforcement and compliance assurance activities must prioritize ensuring compliance when addressing potential noncompliance with federal environmental laws.

The memo notes that at times EPA has followed a posture of pursuing enforcement that included findings of violation or orders that exceeded statutory or regulatory requirements. Such a posture can prolong negotiations and potentially delay actual compliance.

Under the new approach, enforcement should be tailored to achieve compliance quickly so that matters can be timely resolved and achieve compliance more quickly. Rather than beginning with what penalties should be applied, the policy reinforces that when confronting compliance issues, EPA should begin by asking how compliance can be achieved in the most efficient and quickest means possible.

The following six factors outline the foundation for our compliance-first operating framework:

1. Compliance Assistance Toolkit.

Enforcement is an important tool for maintaining programmatic integrity, ensuring proper deterrence, and reducing pollution caused by noncompliance. However, it is not the only means of achieving compliance. The agency’s enforcement program should prioritize deployment of compliance assistance tools— including providing proactive outreach, technical assistance, and training to the regulated community—to facilitate compliance and increase understanding.

Voluntary compliance through self-reporting and voluntary audits should be encouraged to move regulated entities to proactively identify and correct compliance concerns.

2. State Partner Coordination.

Congress has established a framework of cooperative federalism for most federal environmental laws. As such, EPA’s enforcement efforts must be based on a clear federal interest. Under the new approach, enforcement should be tailored to achieve compliance quickly so that matters can be timely resolved and achieve compliance more quickly.

Rather than beginning with what penalties should be applied, the policy reinforces that when confronting compliance issues, EPA should begin by asking how compliance can be achieved in the most efficient and quickest means possible.

3. Open Communication.

The EPA’s compliance-first approach emphasizes a “no surprises” framework based on transparent, two-way communication between regulatory bodies and entities to foster trust and accelerate compliance.

By prioritizing collaboration and open dialogue, this strategy is intended to reduce duplicative efforts, avoid disputes, and allow for tailored solutions that are more effective and economically feasible.

4. Finding of Violation.

The EPA is strengthening its enforcement strategy by requiring that findings of noncompliance adhere to the “best reading” of regulations to ensure clarity, consistency, and fairness.

To eliminate ambiguity, the agency will develop a consolidated guidance document to unify violation categories across all programs, while requiring immediate escalation of legal uncertainties to national leadership.

5. Compliance Requirements and Injunctive Relief.

The EPA’s enforcement strategy now prioritizes rapid, cost-effective compliance through strictly tailored injunctive relief that is firmly rooted in legal requirements and directly linked to specific violations. By rescinding the 2021 memorandum on expansive remedies, the policy curtails excessive monitoring, restricts third-party audits to authorized cases, and halts the use of Supplemental Environmental Projects (SEPs).

This approach aims to reduce regulatory uncertainty by limiting remedies to those that are defensible, necessary, and approved by the OECA Assistant Administrator for significant issues.

6. Reasoned Decision Making.

Decisions on noncompliance determinations and the appropriate means for achieving compliance must be based on rational, transparent, and logical decision making. Going forward, EPA will follow the LEAPS model for enforcement decisions:

FIVE-FACTOR DECISION MODEL (LEAPS):

• Law: Actions be grounded in the most defensible legal interpretations.

• Evidence: Supported by unequivocal facts and “gold standard” science.

• Analysis: Rational, transparent, and defensible analysis.

• Programmatic Impact: Programmatic impacts must be considered to prevent “mission creep” and broader regulatory expansion.

• Stakeholder Impact: Assessment of effects on regulated entities and the community.

By applying these criteria, EPA intends to deliver sound, predictable decisions that will protect its regulatory integrity and proactively address potential issues like abusive third-party litigation.

The policy went into effect immediately and applies to all civil enforcement staff and all ongoing and future enforcement and compliance assurance matters. EPA has directed that the policy be integrated into all operations, compliance assurance activities, and enforcement cases.

In March, a group of 13 Democratic Attorneys General sent a letter to EPA expressing concerns with the new compliance policy. The group claims the policy puts the interests of businesses over the environment and public health.

They further assert that without strong enforcement, regulated entities have less incentive to comply with environmental regulations.

Also in March, EPA Administrator released enforcement and compliance assurance results for Fiscal Year 2025. Zeldin was quoted as saying, “The days of using EPA’s enforcement arm to pursue overzealous prosecution and partisan agendas are over.

The Trump EPA is bringing common sense and the rule of law back to environmental enforcement and compliance. We know we can both protect human health and the environment while also providing the certainty and stability needed to Power the Great American Comeback.”

It is still early in the implementation of the new policy and too soon to tell the full impacts of how “Compliance First” may change the experience of regulated entities undergoing inspections and enforcement actions.