USDOJ and EPA Are Sending the Same Message on Environmental Compliance

Last week, USDOJ quietly but significantly changed the corporate environmental enforcement landscape. On March 10, USDOJ issued its first department‑wide Corporate Enforcement and Voluntary Self‑Disclosure Policy, creating a clear, uniform framework under which companies that voluntarily self‑disclose potential criminal misconduct, fully cooperate with the government, and correct the misconduct can receive a guaranteed declination, not just a presumption, against prosecution absent aggravating factors.

For companies subject to environmental regulation, this new USDOJ policy dovetails directly with EPA’s Compliance‑First memorandum issued in December 2025. Taken together, these policies reflect a meaningful shift in enforcement philosophy: earlier engagement, self‑auditing, self‑reporting, and self-correction can lead to more predictable, transparent crediting for doing the right thing

EPA’s Compliance‑First approach emphasized voluntary compliance, self‑disclosure, and correction of noncompliance on the civil side. USDOJ’s new policy extends that same logic into the criminal arena; and, importantly, does so in a way that is consistent across USDOJ sectors (antitrust aside) and cognizant of multi‑agency investigations (a reality for many environmental matters).

"Well-intentioned businesses know that, across the Department, they will be rewarded when they self-disclose wrongdoing, cooperate with our investigations, and remediate the misconduct. But for those that do not, make no mistake — we will not hesitate to seek appropriate resolutions against companies and individuals alike that perpetrate white collar offenses that harm American interests.”

A few takeaways for companies and boards: 

•  Voluntary self‑disclosure is no longer a leap into the unknown. The incentives are now explicit.
• Timing, cooperation, and correction of noncompliance matter more than ever.
• Environmental issues that may implicate both EPA and USDOJ need to be evaluated through a coordinated disclosure strategy, not in silos.
• Compliance programs and internal audit functions are no longer just defensive tools; they are affirmative risk‑reduction assets.

None of this eliminates enforcement risk. EPA and USDOJ have been clear that serious misconduct, recidivism, and aggravating circumstances still matter. But the direction of travel is unmistakable: companies that surface problems early, fix them, and engage constructively are being treated very differently than those that don’t.

For environmental and manufacturing companies in particular, this is a moment to reassess: 

• internal audit protocols;
• escalation pathways;
• decision‑making around disclosure; and
• coordination between EHS, legal, and compliance teams.

Compliance‑first is no longer just an EPA slogan; it’s now embedded across federal enforcement.