EPA Enforcement Under Trump 2.0: What Regulated Industries Need to Know

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The Trump administration’s second term has brought notable changes to environmental enforcement priorities at the Environmental Protection Agency. Recent data shows a shift in the mix of enforcement actions, with changes to both agency resources and enforcement philosophy that chemical manufacturers and other regulated industries should understand.

Enforcement Activity: A Mixed Picture

Recent enforcement data shows divergent trends across different types of actions:

Civil Judicial Cases Down: In the administration’s first six months, the Justice Department initiated 14 lawsuits for environmental violations, compared to 42 in Trump’s first term and varying numbers under previous administrations, as reported by USA Today. By eight months, DOJ had initiated 9 major civil cases on behalf of EPA, compared to 46 in the same timeframe under Biden and 53 during the equivalent period in Trump’s first term, according to the Washington Post.

Settlements have also decreased. Through the first eight months, Justice completed 28 environmental enforcement cases, compared with 81 under Biden and 80 in the first Trump administration during the same period.

Administrative Actions Stable: EPA maintains that administrative enforcement actions—which handle smaller offenses without court involvement—have remained steady or increased. The agency’s administrative case metrics match or exceed past presidencies, according to EPA statements. According to figures EPA provided to Inside EPA, the agency concluded 126 national-priority civil enforcement cases between January 20 and May 7, 2025, up from 97 cases over the same period in 2024.

Criminal Enforcement Claims: EPA asserts it has opened more environmental criminal cases in its first six months than the Biden administration. However, publicly available data does not yet confirm this—the most recent criminal cases in public databases date to 2023, making independent verification difficult at present.

Long-Term Context: Civil judicial cases have trended downward for over a decade. The Obama administration filed 102 lawsuits in the first six months of its first term in 2009, representing the peak of this enforcement metric. Every subsequent administration has seen declines, partly reflecting resource constraints across multiple administrations.

Staffing and Resource Changes

EPA and DOJ enforcement offices are undergoing significant personnel changes. EPA’s Office of Enforcement and Compliance budget has decreased by approximately $200 million since 2011 (inflation-adjusted), with staffing reduced by over 500 employees across multiple administrations, USA Today reported. The current administration is pursuing a 23 percent staff reduction at EPA—approximately 4,000 positions.

The Department of Justice’s environmental enforcement section has also experienced staff reductions. Reports indicate the unit’s attorney count dropped from approximately 120 earlier in 2025 to an estimated 65-70 lawyers by mid-year.

The government shutdown in late 2025 temporarily furloughed approximately two-thirds of surveyed EPA enforcement staff, according to union data. These furloughs affected inspections and case work during the shutdown period.

Policy Changes and Enforcement Priorities

The administration has established new enforcement priorities through formal guidance:

Environmental Justice Considerations: A March 2025 EPA memo states that “environmental justice considerations shall no longer inform EPA’s enforcement and compliance assurance work.” The memo specifies that enforcers will not consider whether affected communities are overburdened or vulnerable when making enforcement decisions.

In a statement to USA Today, the EPA described this as promoting equal treatment, adding that the agency will “make sure that enforcement targets the worst pollution and threats to human health, wherever they occur.”

Energy Production: The March memo establishes that “enforcement and compliance assurance actions shall not shut down any stage of energy production (from exploration to distribution) or power generation absent an imminent and substantial threat to human health.”

Enforcement Philosophy: In its statement, EPA added that its current focus is on “efficiently resolving violations and achieving compliance as quickly as possible rather than pushing for broad injunctive relief that goes beyond what the law requires.” The agency also told the Washington Post that it is “focused on statutory obligations and Presidential priorities.”

EPA defends its approach by noting that “civil judicial complaints filed are not the best measure of law enforcement or compliance with environmental laws” and points to administrative and criminal metrics as better indicators of enforcement activity. The agency states: “A focus on quick return to compliance and addressing clear violations will increase efficiency and ensure that the Agency is accountable to the American people for every dollar spent.”

Targeted Regulatory Relief

The administration has pursued an aggressive deregulatory agenda through executive orders and agency actions. Key developments include:

  • Air Quality Standards: EPA recently moved to roll back stricter particulate matter standards implemented under Biden, arguing the previous administration exceeded its authority without sufficient review. The Biden-era standard lowered acceptable soot levels from 12 to 9 micrograms per cubic meter—a change EPA projected would prevent up to 4,500 premature deaths by 2032.
  • Water Protections: EPA released a proposal to dramatically narrow Clean Water Act protections, potentially stripping safeguards from between 38 and 70 million acres of wetlands and countless stream miles. The proposed rule would limit federal jurisdiction only to wetlands with surface water during the wet season that directly connect to continuously flowing water bodies.
  • Industry-Specific Relief: President Trump has issued proclamations granting two-year regulatory exemptions to facilities deemed vital to national security, including coke oven operations, copper smelters, coal plants, and certain chemical manufacturers. These facilities can comply with pre-Biden standards during this relief period.
  • TSCA Delays: EPA delayed the effective date of several Toxic Substances Control Act rules to March 2025, including the TCE risk management rule, providing additional time for regulatory review.
The FIFRA Exception

Notably, EPA enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has remained robust—and even intensified. As discussed in a previous post, from February through July 2025, EPA opened 84 FIFRA administrative enforcement cases with civil penalties, compared to 59 during the same period in 2024. Several 2025 FIFRA settlements rank among the largest on record.

This aggressive FIFRA enforcement continues despite broader budget cuts and deregulatory initiatives, suggesting pesticide compliance remains a priority focus area. EPA has also implemented an Expedited Settlement Agreement pilot program for minor FIFRA violations, offering discounted, non-negotiable settlements to streamline enforcement.

Strategic Implications for Compliance

The current enforcement environment presents several considerations for regulated entities:

Civil Judicial Enforcement: With fewer civil lawsuits being filed, companies face reduced likelihood of federal court actions in the near term.

Administrative Enforcement Continues: EPA maintains that administrative enforcement remains active and reportedly exceeds previous levels. These actions should not be underestimated—administrative penalties can reach high six- and low seven-figure amounts. Additional costs include attorneys’ fees, consultant expenses, and implementation of corrective measures. For product-based programs like TSCA, violations can result in loss of market access, stop-sale orders, and significant business disruption.

Alternative Enforcement Mechanisms:

State Enforcement: State agencies have primary enforcement authority for many environmental programs. However, many states have also experienced budget and staffing constraints in recent years, creating variability in state-level enforcement capacity.

Citizen Suits: Environmental statutes authorize private parties to bring enforcement actions. Organizations like the Environmental Integrity Project have filed federal lawsuits against industrial facilities for air and water violations. These citizen suits can result in penalties and requirements to install pollution controls.

Recent citizen suit examples include actions against petroleum coke plants in Louisiana, the Shell plastics plant in Pennsylvania, and food processing facilities for Clean Water Act violations.

Practical Considerations

For TSCA-regulated manufacturers and other chemical industry clients:

Compliance Planning: Environmental statutes and regulations remain in effect. Violations occurring now remain subject to administrative enforcement, citizen suits, and future enforcement actions. For TSCA matters, violations risk market access restrictions.

FIFRA Enforcement: Pesticide and antimicrobial enforcement remains robust, with an uptick in enforcement compared to 2024.

Alternative Enforcement: State agencies and citizen suits continue as enforcement mechanisms. Recent citizen suits have targeted petroleum coke plants, chemical facilities, and food processors.

Regulatory Relief: The administration has provided targeted relief including two-year exemptions for certain industrial facilities and delays of TSCA rule effective dates. Companies should evaluate whether their operations qualify.

Recommended Actions: Monitor regulatory developments, maintain compliance programs, document compliance efforts, assess citizen suit exposure, and consult counsel before operational changes.

This blog post is for informational purposes only and does not constitute legal advice.

EPA’s 2025 FIFRA Enforcement Trends

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EPA has maintained a surprisingly aggressive enforcement posture under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in 2025, even as broader deregulatory and budget-cutting initiatives move forward.  Data from the first part of the year suggest that civil enforcement remains vigorous across multiple sectors and may be exceeding levels seen in previous years.

Key Enforcement Activity

Increased Volume of Cases:  EPA’s Enforcement and Compliance History Online (ECHO) database indicates that 84 FIFRA administrative enforcement cases with civil penalties were opened from February through July 2025.  This represents a notable increase compared to the same period in 2024 and 2023, when approximately 59 and 51 cases were issued, respectively.

Rising Penalties:  EPA’s enforcement in 2025 has produced some of the largest FIFRA settlements on record.  In May, Costco Wholesale Corp. agreed to a $3.07 million settlement for selling unregistered antimicrobial gloves and misbranded air filters, failing to file import notices, and violating a stop‑sale order.  As part of the same enforcement action, Winix America settled for more than $1 million.  A third seven-figure settlement was reached with Stepan Co. for selling or distributing a misbranded pesticide.

Notices of Refusal of Admission:  EPA Region 8 has been actively monitoring pesticide imports along the northern border.  EPA’s administrative enforcement dockets webpage indicates that nearly 50 notices of refusal of admission have been issued in 2025 so far.

FIFRA Expedited Settlement Agreement Pilot Program

A significant number of civil penalties have been assessed through EPA’s Expedited Settlement Agreement (ESA) Pilot Program under FIFRA, launched in January 2025.  The program targets minor, easily correctable violations and provides discounted, non-negotiable settlements, in lieu of formal enforcement.  The pilot program is intended to streamline enforcement while prioritizing resource efficiency and deterrence.

This pilot program will remain available for 36 months from its approval date, with evaluation of its effectiveness slated after 30 months.  ESA penalties have generally ranged from several hundred to several thousand dollars.

Implications for Regulated Entities
  • Enforcement focus remains strong on labeling, registration, import compliance, and antimicrobial products.
  • The ESA Pilot Program may allow expedited resolution but applies only to specific, low-severity violations.
  • Companies should continue to operate under the assumption that enforcement remains robust.
Practical Steps

To manage enforcement risk:

  • Review labeling, registration status, and marketing claims for all pesticide and antimicrobial products.
  • Confirm compliance with import documentation such as notices of arrival and relevant filings.
  • Strengthen supplier and private-label compliance monitoring.
  • Conduct a proactive self‑audit under EPA’s Audit Policy, especially if potential minor violations are identified.
  • Evaluate whether any matters may qualify for the FIFRA ESA Pilot Program.
Final Thought

Despite changes in the regulatory landscape, 2025 shows that EPA’s FIFRA enforcement remains serious.  Taking preemptive steps can provide meaningful protection and potentially reduce enforcement exposure.

First Trials Scheduled in Long-Running Paraquat Litigation

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The first three trials have been scheduled to begin in October 2025 in a multidistrict litigation with over 5,800 plaintiffs claiming that exposure to the pesticide paraquat dichloride caused them to develop Parkinson’s disease.  A second set of trials is scheduled to begin in April 2026.

The case was filed in June 2021.  A previous set of trial cases were tossed in April 2024 after the court ruled that expert testimony linking the herbicide to Parkinson’s disease relied on “methodological contortions and outright violations of…scientific standards.”

Defendants Syngenta and Chevron maintain that there is no causal link.  They also argue that the litigation is “burdened by cases alleging implausible theories of paraquat exposure,” despite court efforts to clean the docket of cases that “should never have been filed.”

EPA has not found a “clear link” between paraquat exposure from labeled uses and Parkinson’s disease or cancer.  However, on January 17, 2025, EPA asked the Ninth Circuit to allow the agency to withdraw a 2021 interim decision on paraquat to give the agency more time to consider its health risks.

According to EPA, paraquat is one of the most widely used pesticides in the US.  It often referred to as Gramoxone, the name of a popular end-use product manufactured by Syngenta.  Chevron stopped manufacturing and distributing paraquat in 1986.

The case is In Re: Paraquat Products Liability Litigation v. Syngenta Crop Protection, LLC, No. 3:21-md-03004 (S.D. Ill.).

eBay Not Liable for Environmental Violations on Its Platform, Court Rules

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A federal judge has dismissed a lawsuit brought by the Justice Department against eBay for allegedly selling products that violate environmental statutes, holding that eBay cannot be held liable under an internet speech law.

The September 30 order in United States of America v. eBay, Inc., No. 23-CV-7173, applies section 230 of the Communications Decency Act (CDA), which shields providers of interactive computer services from being “treated as the publisher” of information “provided by another information content provider.”

Because eBay did not “materially contribute to the illegal products’ ‘alleged unlawfulness,’” it is immune for content on its platform, the U.S. District Court for the Eastern District of New York held.

The government’s complaint alleged the sale of “hundreds of thousands” of products in violation of the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA), including automobile aftermarket defeat devices and unregistered pesticides.

The court also held that the challenges under the CAA and FIFRA would have failed regardless of CDA immunity because those laws require illegal products to be “sold” for a violation to occur.  “To ‘sell’ an item one must either possess the physical item or its title” and eBay possesses neither, the order states.

But the alleged TSCA violations—the distribution of products illegally containing methylene chloride—could have proceeded, the court noted, because TSCA only requires that a product be “introduc[ed] into commerce” for a violation to occur.

An earlier blog post on the case can be found here.

Third Circuit FIFRA Preemption Ruling Creates Circuit Split

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The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts a Pennsylvania law that allegedly requires Monsanto to include a cancer warning on its “Roundup” weedkillers, the Third Circuit ruled on August 15, 2024.  The decision in Schaffner v. Monsanto Corp. creates a split with the Ninth and Eleventh Circuits, which have found that similar state-level duty to warn laws were not preempted because the state-law labelling requirements were equivalent to a requirement under FIFRA.

Like the Ninth and Eleventh circuits, the Third Circuit applied a “parallel requirements” test outlined by the Supreme Court in Bates v. Dow Agriscience LLC to determine whether the state law diverged from FIFRA requirements.  Those circuits determined that the state laws were not preempted because they were equivalent to FIFRA’s statutory definition of “misbranding.”

But the Third Circuit ruled that those circuits erred when conducting the test by failing to take into account EPA regulations limiting the modification of precautionary statements on labels.  According to the court, these regulations would require Monsanto to seek EPA approval before adding a warning.

“If EPA regulations specifically identify the contents required to be included on a pesticide label, a state-law requirement is preempted unless it is equivalent to that specific regulatory requirement,” the court said.  “The state-law duty cannot survive preemption simply because its standard of liability is equivalent to the broad statutory definition of misbranding.”

The highly technical decision had to contend with the Supreme Court’s holding in Bates, which it acknowledged “plausibly indicates that [FIFRA] does not on its own preempt all state-law duties to include a warning omitted from” its label.  The Third Circuit concluded that there was no discrepancy because the Supreme Court had not considered how regulations would affect preemption under FIFRA section 136v(b), which addresses preemption.

Writing for the panel, Chief Judge Michael A. Chagares rejected arguments that the Third Circuit should be bound to the Ninth Circuit’s decision.  “The complex subject of preemption under FIFRA has not been comprehensively analyzed in prior caselaw, and the Supreme Court has yet to address FIFRA preemption in the specific circumstances presented by this case,” the decision states.

He also noted that the Supreme Court’s recent overruling of Chevron deference did not undermine EPA’s authority to promulgate FIFRA regulations, including those requiring agency preapproval of product labels, because FIFRA explicitly grants EPA authority “to prescribe regulations to carry out the [statute’s] provisions.”

The Supreme Court denied Monsanto’s petition for certiorari in the Ninth Circuit’s case, Hardeman v. Monsanto Co., in 2022.  A blog post on the Eleventh Circuit’s case, Carson v. Monsanto Co., can be found here.

EPA Issues Seldom-Used Emergency Order to Suspend Registrations of Pesticide DCPA

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For the first time in almost 40 years, EPA has issued an emergency order under section 6(c)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act to suspend the registrations of all pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (DCPA).

The emergency measure is based on DCPA’s thyroid effects in fetuses, which EPA deemed so severe that continued use of DCPA during the time period required to cancel its registrations would pose an imminent hazard.  According to EPA, thyroid hormone perturbations linked to DCPA “can lead to downstream health problems such as low birth weight, impaired brain development, decreased IQ, impaired motor skills, and decreased bone deposition.”

Occupational exposures to DCPA can be over twice as high (as a factor of body weight) as the level at which the thyroid effects were observed in mouse fetuses, and the herbicide’s residues present risks of concern even 30 days after application to crops, EPA said.  DCPA is also registered for non-agricultural uses, including on golf courses and athletic fields.

American Vanguard Corporation (AMVAC), the sole registrant of DCPA, voluntarily canceled all but two of its DCPA products and their use on turf.  It also voluntarily ceased sale and distribution of the only remaining end-use product until EPA approved product labels that would address DCPA’s risks.  However, EPA “determined that there is no combination of practicable mitigations under which DCPA use can continue without presenting an imminent hazard.”

DCPA is currently undergoing registration review, which occurs every 15 years.  EPA assessed DCPA’s health risks in 2023 after AMVAC submitted a study on its thyroid effects and other information requested by the agency.

The agency intends to issue a notice of intent to cancel DCPA registrations within 90 days of the order, which was published on August 7, 2024.

Also known by its trade name Dacthal, DCPA is used on a variety of crops for weed control.  According to EPA, the emergency order will have a negligible impact on produce prices but may impact growers of crops including bok choy, collards, kale, green onions, and leeks.

Update:

On August 28, 2024, EPA announced that it is initiating a voluntary cancellation of DCPA after AMVAC notified the agency of its intent to cancel the remaining pesticide products.  According to EPA, AMVAC also intends to cancel its international registrations.

Kansas City Grocers Ordered to Stop Selling Illegally-Imported Disinfectants

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On May 6, 2024, EPA Region 7 announced that 17 grocery stores in the Kansas City area had been ordered to stop the sale and use of certain Fabuloso-brand cleaners and other disinfectants because of potential health risks.  The orders, issued by the Kansas and Missouri Departments of Agriculture in partnership with EPA, require the stores to immediately remove the illegal products from their shelves.

According to EPA’s press release, the products contain glutaraldehyde, an active ingredient not approved for household disinfectant use in the U.S. due to its potential health risks. These risks include “throat and lung irritation, asthma and difficulty breathing, dermatitis, nasal irritation, sneezing, wheezing, burning eyes, and conjunctivitis.”

EPA says that the products were illegally imported.  The press release states that their labels are primarily in Spanish and that the affected grocers “serve Hispanic communities.”

It is important to note that not all Fabuloso products are unsafe.  There is also an EPA approved US version of Fabuloso which does not contain glutaraldehyde.  According to the press release, some stores subject to the orders sold both the illegal and the approved US versions of the disinfectants.

EPA Releases Final Guidance for Pesticide Submissions for New Outdoor Uses that Require ESA Reviews

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EPA has published the document Final Guidance for Pesticide Submissions for New Outdoor Uses that Require Endangered Species Act (“ESA”) Reviews. In October, the Agency requested public comment on the draft version of this document which was due to the Agency by October 16. In its press release regarding the guidance, EPA stated that the document will fulfill the requirements imposed upon it under the Pesticide Registration Improvement Act of 2022 (“PRIA 5”). Under PRIA 5 EPA must develop and issue guidance to registrants regarding analyses necessary to support the evaluation of potential adverse effects from new outdoor uses of pesticide products on ESA species and designated critical habitats. The draft guidance will apply to the following outdoor uses:

  • new uses of existing conventional pesticides
  • new uses of existing biocides
  • new conventional pesticide active ingredients
  • New uses of biocide active ingredients

The document does not detail any new requirements for applicants. Its purpose is to serve to assist applicants in addressing potential effects on ESA species for the types of new outdoor uses listed above. Many recommended actions include steps that applicants can take voluntarily in developing proposed mitigation efforts. These efforts include:

  • identifying the action area,
  • identifying routes of exposure to potentially affected ESA species,
  • performing initial special overlap analysis to identify where proposed new uses will overlap with critical habitats,
  • identifying mitigation measures (such as decreasing run-off by deploying soil binding agents) and
  • address the risk associated with all active ingredients

The Agency states that “if followed, these recommendations should expedite the review for new outdoor uses of existing conventional pesticides and biopesticide active ingredients under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and improve the efficiency of the overall ESA-FIFRA process.”

EPA Requests Comment on Petition Requiring Proof of Effectiveness for Systemic Insecticides

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On November 24, 2023, EPA announced that the Agency is seeking public comment on a petition filed by environmental groups requesting that EPA consider efficacy data when evaluating the registration of neonicotinoids and other systemic insecticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  Comments will be accepted through January 23, 2024.

In 1980, EPA waived (in most cases) the requirement that registrants provide efficacy data when registering a pesticide under FIFRA (see 40 CFR 158.400(e)(1)).  The petition, filed by the Public Employees for Environmental Responsibility and the American Bird Conservancy, argues that neonicotinoid use is largely ineffective and causes widespread environmental harm.  According to the petition, EPA’s failure to consider neonicotinoids’ lack of efficacy conflicts with the stated purposes of the Agency’s FIFRA registration data requirements to “make regulatory judgments…about the risks and benefits of pesticide products” (40 CFR 158.1(a)) and “ensure that pesticide products will perform as intended” (40 CFR 158.130(c)).

In addition to requiring efficacy data during systemic insecticide registration, the petition asks EPA to mandate that existing systemic insecticide registrants submit efficacy data to EPA within 180 days.  If a proposed or existing systemic insecticide registration “lacks a demonstration that its benefits exceed its environmental and overall costs,” EPA would be required to deny or revoke the registration accordingly.

Systemic insecticides are most commonly used prophylactically to treat plant seeds.  Treated seeds are currently exempted from FIFRA under the “treated articles and substances” exemption at 40 CFR 152.25(a) if their use is consistent with the treating pesticide’s label instructions.  However, EPA recently signaled that the Agency may revise this exemption.

Systemic insecticides are designed to be absorbed and transported through the target plant.  Neonicotinoids, a class of systemic insecticides that include the active ingredients imidacloprid, thiamethoxam, and clothianidin, are one of the most widely used types of insecticides in the world.

EPA Releases Strategic Plan for Endocrine Disruptor Screening Program

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EPA has released a notice requesting comment on its strategic plan to meet its obligations under the Federal Food, Drug, and Cosmetic Act (FFDCA) to screen for and protect against endocrine-disrupting effects in humans. Endocrine disruptors are chemicals that mimic, block, or disrupt the normal function of endocrine system hormones and can negatively impact biological processes within the endocrine, immune, and nervous systems. Under the new program, the Agency will assess pesticides more quickly and effectively to evaluate their potential to cause endocrine effects in humans. These assessments will be incorporated into pesticide review efforts made under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”).

In the Agency’s press release regarding the program, the Deputy Administrator for Pesticide Programs in the Office of Chemical Safety and Pollution, Jake Li, noted that the program is a major milestone. He also stated that “starting with our highest priority chemicals, EPA will communicate more transparently our endocrine findings for humans.”

EPA review of preliminary data has identified 30 high-priority pesticides that these chemicals affect the endocrine system. The Agency requests additional endocrine data for human health for these chemicals in its request for comment. The Agency intends to fill any remaining data gaps by issuing FIFRA human health data requests for these chemicals in early 2024. These chemicals are identified in EPA’s List of Conventional Registration Review Chemicals, for Which an FFDCA Section 408(p)(6) Determination is Needed, which is available in docket EPA–HQ–OPP–2023–0474 on regulations.gov. FFDCA section 408(p)(6) requires EPA to ‘‘as appropriate, take action under such statutory authority as is available to the Administrator, including consideration under other sections of this chapter, as is necessary to ensure the protection of public health’’ for ‘‘any substance that is found, as a result of testing and evaluation under this section, to have an endocrine effect on humans.’’ In addition, in the Federal Register notice, EPA requested that stakeholders submit data on the endocrine effects of these pesticides. Data are requested during the notice’s 60-day comment period. After the assessment of the high-priority pesticides is completed, the Agency will request data on a second group of 126 pesticides.

In the strategic plan, EPA explains that the program will pull from existing data when possible.   and request new data if needed. Existing data has been collected under FIFRA and the FFDCA. EPA has chosen 400 conventional pesticide active ingredients that are being registered for the first time or are undergoing registration review for which, through the implementation of its Strategic Plan, the Agency will assess for endocrine effects and determine if additional protections are needed.

The comment period for this notice began on October 27, 2023, and has been extended to February 26, 2024.