Vermont AG Urges EPA to Rescind Policy Weakening Environmental Enforcement
Summary
Vermont Attorney General Charity Clark joined 12 other attorneys general in urging the EPA to rescind its December 2025 'Compliance First' memorandum. The coalition argues the memo would weaken federal environmental enforcement, delay action against polluters, and disproportionately harm overburdened communities.
What changed
Vermont's Attorney General, Charity Clark, along with 12 other state attorneys general, has formally requested the U.S. Environmental Protection Agency (EPA) to rescind its December 2025 memorandum titled 'Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities.' The coalition contends that this policy significantly weakens federal environmental enforcement by creating bureaucratic hurdles, discouraging the use of key enforcement tools like penalties and injunctive relief, and potentially allowing polluters to delay investigations. They argue this approach will lead to increased pollution and disproportionately harm vulnerable communities.
Regulated entities, particularly those in industries subject to EPA oversight, should be aware that this action signals a potential return to more robust enforcement practices if the EPA rescinds the memo. While this is a call to action from state AGs and not a direct regulatory change for businesses, it indicates a strong push for stricter enforcement. Companies should continue to adhere to existing environmental regulations and be prepared for potential increased scrutiny and enforcement actions from federal and state agencies. The attorneys general are urging the EPA to immediately rescind the memorandum and restore long-standing enforcement practices.
What to do next
- Monitor EPA's response to the coalition's letter regarding the 'Compliance First' memorandum.
- Ensure continued adherence to all federal environmental regulations and enforcement standards.
- Be prepared for potential increased enforcement activity if the EPA rescinds the policy.
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Attorney General Clark Calls on EPA to Resume Enforcement Activity
Category Press Releases March 18, 2026 Attorney General Charity Clark 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.
In the letter, Attorney General Clark and the coalition raise 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.
Attorney General Clark and the coalition emphasize 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 Clark in sending this letter are the attorneys general of California, Connecticut, Delaware, Hawai’i, Illinois, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, and Washington.
A copy of the letter is available on our website.
CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171
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