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Navigating EPA’s New and Expansive Climate-Focused Enforcement Initiative: Impact on Case Development and Resolution

Increased Scrutiny; Targeted Industries and Activities; Additional Enforcement Resources

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, February 6, 2024

Recorded event now available

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This CLE webinar will guide practitioners through the EPA's recently released Climate Enforcement and Compliance Strategy memorandum outlining one of the agency's most far-reaching climate initiatives to date--prioritizing enforcement activity that will reduce greenhouse gases and other pollutants and incorporating consideration of climate change throughout its enforcement activity and case resolution, even under statutes not directly related to climate change. The panel will describe what regulated entities can expect under heightened scrutiny as the EPA increases its resources to support this initiative and how counsel may best prepare clients for compliance.


The EPA recently released its memorandum Climate Enforcement and Compliance Strategy outlining one of the agency's most far-reaching climate initiatives to date. Taking its direction from Executive Order 14008 requiring all federal agencies to tackle the climate crisis and building on its August 2023 memorandum FY 2024-2027 National Enforcement and Climate Initiatives, the EPA announced that its enforcement and compliance program will "vigorously enforce the full array of EPA's climate rules" as it prioritizes enforcement activity that will reduce greenhouse gases and other pollutants.

As part of this sweeping climate strategy, enforcement staff are directed to "ensure consistent consideration of climate change during the case development process and incorporate relevant climate mitigation considerations in administrative actions, civil referrals, consent decree approval requests, and referrals for criminal prosecution sent to the [DOJ]." Additionally, the EPA will consider climate risks and possible mitigation in enforcement activity under other regulatory programs such as CERCLA, RCRA, and CWA--statutes not directly related to climate change.

The EPA is also expanding resources available to enforcement staff to meet this initiative. Therefore, regulated entities can expect increased scrutiny and a higher rate of enforcement activity.

Listen as our expert panel guides environmental practitioners through one of the EPA's most comprehensive climate strategies to date. The panel will discuss what it means for regulated entities and how counsel can best prepare clients for compliance under heightened scrutiny.



  1. Background: the government's heightened focus on climate change
    1. Executive Order 14008 (Jan. 2021)
    2. EPA's five-year strategic plan (Mar. 2022)
    3. EPA's FY 2024 – 2027 National Enforcement and Compliance Initiatives Memo (Aug. 2023)
  2. EPA's Climate Enforcement and Compliance Strategy Memo (Sept. 2023)
    1. Purpose
    2. Enforcement and compliance initiatives
      1. Enforcement goals
      2. Targeted industries and activities
    3. Impact on case development and resolution
    4. Incorporating climate strategy under other regulatory programs (CERCLA, RCRA, CWA)
    5. Additional resources for enforcement
  3. Preparing for increased enforcement activity and best practices for compliance


The panel will review these and other important issues:

  • What are the EPA's wide-ranging enforcement and compliance goals related to mitigating climate change?
  • How will climate change considerations be incorporated into EPA case development and resolution?
  • How will the EPA's initiative affect enforcement activity under all relevant statutes, even those not directly related to climate change, and what impact will this have on regulated entities?
  • How is the EPA expanding resources to support increased enforcement activity?


Einik, Daniella
Daniella A. Einik

Jones Day

Ms. Einik assists clients in developing creative and effective solutions to complex environmental litigation,...  |  Read More

Sahay, Shailesh
Shailesh Sahay

Baker Botts

Mr. Sahay directs legal and policy strategy on climate, environmental, sustainability issues at the federal, state, and...  |  Read More

Story, Jane
Jane B. Story

Jones Day

Ms. Story has counseled clients for more than a decade in state and federal environmental health and safety issues in...  |  Read More

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