On August 1, 2022, the U.S. Environmental Protection Agency (EPA) announced that it is conducting helicopter flyovers of the Permian Basin region in New Mexico and Texas. EPA asserted that the purpose of the flyovers was to “survey oil and gas operations to identify large emitters” of methane and volatile organic compounds. This follows recent flyovers conducted in other regions for the same purpose.
In the second quarter of 2022, the Biden administration took steps to implement the President’s whole-of-government environmental justice (EJ) strategy. Specifically, the U.S. Department of Justice (DOJ or the Department), U.S. Environmental Protection Agency (EPA or the Agency), and U.S. Department of Health & Human Services (DHHS) each announced initiatives to address EJ in a variety of agency functions. Additionally, the White House provided an update on funding available to disadvantaged communities. (more…)
Under the Biden Administration, the U.S. Environmental Protection Agency (the “EPA” or the “Agency”) has announced the advancement of environmental justice and civil rights as an Agency goal. For fiscal years 2022–2026, the Agency has included in its FY 2022 – FY 2026 EPA Strategic Plan (“Strategic Plan”) the objective to promote environmental justice and civil rights at the federal, tribal, state, and local levels. Within that plan, the EPA noted that the Agency “ha[s] already seen an increase in external civil rights cases being referred to the EPA, and…are investigating them to ensure that recipients of EPA dollars do not discriminate based on race, color, national origin, sex, disability, age, or retaliation.” (more…)
On April 14, 2022, U.S. Environmental Protection Agency (EPA or the Agency) released an Equity Action Plan, in accordance with Executive Order 13985, which directs EPA and other federal agencies to develop a plan to address barriers faced by underserved communities regarding full and equal participation in the Agency’s programs and procurement and contracting opportunities. Within the Equity Action Plan, EPA identifies six agency priority actions: (more…)
On February 18, 2022, the Biden administration launched two tools to address environmental justice.
Environmental Justice Screening and Mapping Tool (EJSCREEN) 2.0
The Environmental Protection Agency (EPA or Agency) announced EJSCREEN 2.0, an update to the mapping tool, which the Agency uses to identify areas that may have higher environmental burdens and vulnerable populations. EPA uses EJSCREEN to inform several Agency functions, including permitting, enforcement, outreach, and compliance. (more…)
On February 8, 2022, U.S. Environmental Protection Agency (EPA) Administrator Michael Regan announced the appointment of Robin Morris Collin as Senior Advisor of Environmental Justice to the Administrator. This appointment is the most recent agency action in the EPA-wide effort to prioritize environmental justice. According to EPA, “Collin will advise Administrator Regan as the Agency works to advance environmental justice and civil rights in communities that continue to suffer from disproportionately high pollution levels, including low-income communities and communities of color.” (more…)
On February 11, 2022, Judge James Cain of the U.S. District Court for the Western District of Louisiana granted a motion for a preliminary injunction filed by Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, South Dakota, Texas, West Virginia, and Wyoming (Plaintiff States) to prohibit federal agencies from adopting and relying on the interim Social Cost of Greenhouse Gas (SC-GHG) estimates established by the Interagency Working Group (IWG). Executive Order 13990 mandated that IWG publish estimates of the monetized damages associated with incremental increases in greenhouse gas emissions. (more…)
On November 9, 2021, the U.S. Department of Justice (DOJ) announced its first environmental justice investigation under Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from discrimination on the basis of race, color, or national origin. DOJ announced that the investigation initiated by DOJ’s Civil Rights Division’s Federal Coordination and Compliance Section, with the support of the U.S. Attorney’s Office for the Middle District of Alabama, will focus on two issues. (more…)
On September 9, 2021, the California Air Resources Board (CARB or the Agency) released a draft proposal for the Agency’s Advanced Clean Fleets (ACF) regulation, which would mandate zero emissions for all new medium- and heavy-duty trucks sold in the state beginning in 2040. The draft proposal provides an exemption for authorized emergency vehicles. (more…)