EPA’s “Compliance First” Directive Creates Pathway for Preemption of Citizen Suits

On December 5, 2025, the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) published an internal memorandum formally adopting a new “compliance first” enforcement approach for all OECA staff. The memorandum directs EPA personnel to prioritize compliance and the timely resolution of matters rather than engage in protracted investigations and disputes.