EPA Proposes “Prior Notice” Rule to Require Electronic Submission of Citizen Suit NOIs—A Small Procedural Change with Potentially Big Strategic Implications

What Happened? The U.S. Environmental Protection Agency (EPA) has proposed new rules that would amend the “prior notice” regulations governing Notices of Intent (NOIs) for citizen suits under seven federal environmental statutes. Prior Notice of Citizen Suits, 91 Fed. Reg. 8810 (proposed Feb. 24, 2026). The proposal would require that NOIs be served on EPA electronically through a centralized Office of General Counsel (OGC) process. The proposed rule is open for public comment until March 26,... By: Beveridge & Diamond PC