NOTE:  This document has been superseded by the April 3, 2018 memo, The Appropriate Use of Compliance Tools in Civil Enforcement Settlements , which clarifies that there is no default expectation that "innovative enforcement" provisions will routinely be sought as injunctive relief and the determination to include these elements is to be based on the particular facts and needs in a case.

Under EPA’s Next Generation Compliance strategy, in a January 2015 memorandum, Cynthia Giles, then Assistant Administrator for Enforcement and Compliance Assurance, formally requested that civil enforcement staff consider Next Generation Compliance tools in all cases and include them in settlements when appropriate. The following memorandum outlines this statement.

The Next Generation Enforcement Settlement Highlights lists some examples of how Next Generation Compliance tools have been used in civil enforcement settlements to date.

• SUPERSEDED: Use of Next Generation Compliance Tools in Civil Enforcement Settlements (PDF)(6 pp, 147 K, January 8, 2015)
• Next Generation Enforcement Settlement Highlights (PDF)(29 pp, 562 K, December 20, 2016)