AG Bonta Urges EPA to Rescind Enforcement Memo

CA Attorney General Press Releases

Filed March 18th, 2026

Detected March 19th, 2026

Summary

California Attorney General Rob Bonta joined 12 other attorneys general in urging the EPA to rescind a policy memo that would weaken federal environmental enforcement. The coalition argues the memo, titled 'Compliance First,' would delay action against polluters and harm vulnerable communities.

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What changed

California Attorney General Rob Bonta, along with 12 other state attorneys general, has formally requested the U.S. Environmental Protection Agency (EPA) to rescind its December 2025 "Compliance First" memorandum. The coalition argues that this new policy significantly weakens federal environmental enforcement by creating bureaucratic barriers, delaying investigations, and discouraging the use of essential enforcement tools like penalties and injunctive relief. They contend that this approach will allow polluters to evade accountability, increase environmental harm, and disproportionately impact already overburdened communities.

The practical implication for regulated entities, particularly those in industries with significant environmental impact such as energy and manufacturing, is a potential shift towards delayed enforcement and less stringent accountability under the EPA's new policy. The attorneys general are urging the EPA to reverse this decision and restore robust enforcement practices. While no direct compliance deadline is stated for regulated entities, the call to action is for the EPA to immediately rescind the memorandum and revert to previous enforcement standards. Failure to do so could lead to continued or increased pollution and potential harm to public health and vulnerable populations.

What to do next

Review EPA's "Compliance First" memorandum and its potential impact on environmental compliance strategies.
Assess current environmental enforcement risks and preparedness in light of the potential weakening of federal oversight.
Monitor EPA's response to the coalition's letter and any subsequent policy changes.

Source document (simplified)

Attorney General Bonta Calls on EPA to Resume Enforcement Activity

Press Release
Attorney General Bonta Calls on EPA to Resume Enforcement Ac… Wednesday, March 18, 2026 Contact: (916) 210-6000, agpressoffice@doj.ca.gov OAKLAND — California Attorney General Rob Bonta today joined a coalition of 12 other attorneys general in calling on the U.S. Environmental Protection Agency (EPA) to rescind a new policy that would significantly weaken federal environmental enforcement and delay action against polluters. In a letter to EPA Commissioner Lee Zeldin, the coalition warns that EPA’s December 2025 “Compliance First” memorandum would slow enforcement of environmental laws, create bureaucratic barriers to holding polluters accountable, and increase pollution that harms communities across the country. The attorneys general also counter EPA’s recent Enforcement and Compliance Annual Results Report, which they contend distorts the agency’s abysmal enforcement record by both brazenly taking credit for the prior administration’s accomplishments and cherry-picking favorable statistics while omitting others.

“The EPA’s attempt to weaken federal enforcement against polluters is a direct threat to public health, which will disproportionately impact our vulnerable communities,” said Attorney General Bonta. “My fellow attorneys general I urge the EPA to reverse course immediately.”

In the letter, the coalition raises serious concerns about the EPA’s December 2025 memorandum titled “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities.” The attorneys general warn that, despite its stated goal of encouraging compliance, the policy would, in practice, delay enforcement and allow polluters to stall investigations by raising legal challenges that must be elevated through multiple layers of political review. The policy memo discourages the use of key enforcement tools — including penalties, injunctive relief, and supplemental environmental projects — that are often used to stop pollution and address harm to communities. The attorneys general argue that weakening these tools would make it harder to quickly bring polluters into compliance and address environmental damage.

The coalition emphasizes that robust federal enforcement is essential because pollution often crosses state lines. Even states with strong environmental protections rely on consistent federal enforcement to prevent upstream pollution and ensure a level playing field for companies that follow the law. The attorneys general also warn that delays in enforcement would disproportionately harm communities already overburdened by pollution, including communities of color, low-income communities, and rural areas. Increased emissions and discharges caused by delayed enforcement could worsen public health outcomes and environmental conditions in those communities. The attorneys general are urging the EPA to immediately rescind the memorandum and restore long-standing enforcement practices that prioritize compliance while maintaining strong accountability for polluters.

Joining Attorney General Bonta in sending this letter are the attorneys general of New York, Massachusetts, Washington, Connecticut, Delaware, Hawai’i, Illinois, Maryland, Minnesota, Oregon, Rhode Island, and Vermont.