AG Brown Urges EPA to Rescind Environmental Enforcement Policy

WA Attorney General News Releases

Published March 18th, 2026

Detected March 18th, 2026

Summary

Washington Attorney General Nick Brown, leading a coalition of 12 other attorneys general, urged the EPA to rescind a Trump-era policy that weakens federal environmental enforcement. The coalition argues the 'Compliance First' memo discourages compliance and allows polluters to avoid accountability, disproportionately harming vulnerable communities.

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What changed

Washington Attorney General Nick Brown, joined by 12 other state attorneys general, has formally requested the U.S. Environmental Protection Agency (EPA) to rescind a policy memo issued in December 2025, titled "Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities." The coalition contends this policy, originating from the Trump administration, significantly weakens federal environmental enforcement by discouraging the use of penalties and injunctive relief, and by creating bureaucratic hurdles that allow polluters to stall compliance. The letter highlights that this approach disproportionately harms communities already burdened by pollution and undermines the effectiveness of landmark federal environmental laws.

Regulated entities, particularly those in industries subject to federal environmental regulations, should be aware that this action signals a potential shift in EPA's enforcement posture if the memo is rescinded. While this is a call to action by state AGs and not a direct regulatory change from the EPA itself, it indicates a strong push for stricter enforcement. Companies should anticipate that a return to prior enforcement practices could involve increased scrutiny, penalties for violations, and a less permissive approach to compliance delays. The attorneys general are urging the EPA to immediately rescind the memo and restore established enforcement practices that balance compliance incentives with strong accountability for polluters.

What to do next

Review EPA's "Compliance First" memo (December 2025) for potential impacts on enforcement practices.
Monitor EPA's response to the coalition's request to rescind the memo.
Ensure robust compliance programs are in place to withstand potential increased enforcement scrutiny.

Source document (simplified)

FOR IMMEDIATE RELEASE:

Mar 18 2026

Attorney General Nick Brown led a coalition of 12 other attorneys general today in calling on the U.S. Environmental Protection Agency (EPA) to rescind a Trump administration policy that significantly weakens federal environmental enforcement.

In a letter to EPA Administrator Lee Zeldin, the coalition warns that EPA’s December 2025 “Compliance First” memo discourages compliance, creates bureaucratic bottlenecks, and allows polluters to skirt accountability, while ignoring the effects of pollution on public health and the environment.

“This administration’s approach gives polluters a tacit green light to break federal environmental laws,” said Brown. “We have strong environmental laws in Washington, but pollution doesn’t respect state lines. That’s why Congress passed our nation’s landmark environmental laws. The federal government has an obligation to enforce those laws.”

In the letter, Brown and the coalition raise serious concerns about EPA’s December 2025 memo, titled “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities.” The memo discourages EPA career staff from using proven enforcement tools, including penalties to deter future violations and injunctive relief to stop pollution and address past and ongoing harms to communities. The Trump EPA policy also creates a playbook for industry to unilaterally stall enforcement processes—and ultimately delay compliance—by requiring enforcement staff to immediately elevate to the upper levels of Agency bureaucracy every concern about EPA’s application of environmental law raised by polluters during discussions about their violations--regardless of merit.

Weak environmental enforcement disproportionately harms communities already overburdened by pollution, including communities of color, low-income communities, and rural areas. Increased emissions and discharges caused by delayed enforcement will worsen public health outcomes and environmental conditions in those communities. When the Agency implemented a similar policy during the COVID-19 pandemic, counties with more industrial facilities experienced increases in air pollution that led to statistically significant increases in COVID-19 cases and deaths. The same will be true here.

The attorneys general urge EPA to immediately rescind the memo and restore long-standing enforcement practices that prioritize compliance while maintaining strong accountability for polluters and ensure that companies that comply with environmental requirements are not at a competitive and economic disadvantage to those that break the law.

This administration’s environmental policy is consistent with its overall approach to deregulation: profits over people. EPA’s recent Enforcement and Compliance Annual Results Report clearly demonstrates the Agency’s abysmal enforcement record since President Trump took office for the second time despite brazenly taking credit for the prior administration’s accomplishments.

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

Read the letter here.

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Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

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