EPA Proposed Rule Requires Citizen Suit Notices to be Filed Electronically

The United States Environmental Protection Agency (“EPA”) recently published a proposed rule amending its regulations to require citizen suit notices to be filed electronically. This alert briefly describes the proposed changes, why it matters, and next steps.

Background

Major environmental laws including the Clean Air Act; the Clean Water Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Toxic Substances Control Act (the “Environmental Statutes”) contain citizen suit provisions. These provisions allow third parties (e.g., citizens) to file lawsuits against (1) companies for allegedly violating laws and (2) the government for not enforcing laws. The only caveat to (1) is that citizen suits are not allowed to be filed against alleged violators if the government is already pursuing enforcement against the alleged violator.

The citizen suit provisions contained in the Environmental Statutes require the potential plaintiff to serve EPA with a notice of intent (“NOI”) to file a citizen suit at least 60 days prior to filing a complaint. NOIs are intended to provide the government with time to initiate its own enforcement proceedings, negating the need for the potential plaintiff to initiate a citizen suit.

Proposed Rule

EPA is proposing to amend its regulations implementing the citizen suit provisions in the Environmental Statutes to require citizen suit NOIs to be filed electronically. If for some reason electronic filing is not possible, EPA would allow NOIs to be served by mail along with an explanation of why electronic filing is not possible.

In the preamble to the proposed rule, EPA says the purpose of the rule change is to ensure EPA receives and processes NOIs quickly. EPA also notes that electronic filing is modern, more reliable, and easier for all parties. EPA says the purpose of the mail exemption is to allow those with no or limited internet access the same opportunity to serve NOIs.

The current regulations require NOIs to be served by mail.

Why It Matters

On December 5, 2025, EPA’s Office of Enforcement and Compliance Assurance published a memorandum reinforcing the “compliance first” guiding principle for EPA’s civil enforcement program (the “Compliance First Memo”). The Compliance First Memo notes that prior EPA actions included lengthy investigations and finding of violations that exceeded the agency’s statutory authority. EPA is now committed to quick investigations and only issuing violations aimed at achieving compliance efficiently.

This proposed rule is EPA’s latest example of implementing the Compliance First Memo. By requiring citizen suit NOIs to be filed electronically, EPA is giving itself more time to initiate enforcement proceedings against the alleged violator, thus eliminating the potential for an often lengthy and expensive citizen suit.

Next Steps

The proposed rule was published in the Federal Register on February 24, 2026. EPA is accepting public comments on the proposed rule until March 26, 2026. Comments can be submitted here.

Stites & Harbison has a deep bench of experienced environmental attorneys, and we will continue to monitor and provide updates on the Environmental Statutes and EPA’s implementing regulations.