DOJ Launches First Environmental Justice Investigation Under Title VI of the Civil Rights Act
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…)
CARB Proposes 2040 Zero Emissions Mandate for Medium- and Heavy-Duty Trucks
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…)
EPA Targets PFAS and Environmental Justice in Proposed Effluent Guidelines
On September 8, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) released Preliminary Effluent Program Plan 15 (Preliminary Plan 15), which outlines the Agency’s 2020 annual review of effluent guidelines and pretreatment standards (ELG), identifies new or existing industrial categories for ELG rulemaking, and provides an update on the Agency plan to improve its annual review and biennial planning process. (more…)
EPA Publishes Landmark Study on the Effect of Climate Change on Socially Vulnerable Populations
On September 2, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) released a 100-page report, entitled “Climate Change and Social Vulnerability in the United States,” that analyzes the impact of projected climate change on four population groups within the United States. This report represents the Agency’s latest effort to further the Biden administration’s agenda to advance environmental justice and address the effects of climate change on vulnerable populations, as outlined in Executive Order 14008 on Tackling the Climate Crisis at Home and Abroad. (more…)
Environmental Justice Pollution Cleanup Act to Be Reintroduced
On June 11, 2021, U.S. Senator Cory Booker (D-NJ) and Representative A. Donald McEachin (D-VA) announced the reintroduction of the Environmental Justice Pollution Cleanup Act of 2021 – a bill first introduced in 2020, which would provide for significant investment in environmental justice communities to address the health and environmental effects of pollution. This marks the latest of a series of proposed legislation addressing environmental justice. In March 2021, we reported on the American Rescue Plan Act of 2021, which allocated $100 million in funding to the U.S. Environmental Protection Agency, for programs, including the retrofitting or replacement of diesel engines or equipment, cleanup and redevelopment of brownfields sites, and technical assistance for small community water systems.
WHEJAC Offers Key Environmental Justice Recommendations
On May 13, the White House Environmental Justice Advisory Council (WHEJAC or the Council) voted and agreed on recommendations to advance the Biden administration’s environmental justice (EJ) agenda. Housed within the U.S. Environmental Protection Agency (EPA), the WHEJAC was established by Executive Order (EO) 14008 to recommend to the White House Environmental Justice Interagency Council how to address current and historic EJ issues.
WHEJAC adopted recommendations of the three working groups: the Justice40 Initiative (Justice40), EO 12898, and Climate and Economic Justice Screening Tool.
City of Chicago Complies With EPA Request to Suspend Permit Review
On May 7, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael Regan wrote the mayor of Chicago, suggesting that the city suspend a decision on a permit seeking to expand a metal recycling plant in Chicago’s southeast side until a full environmental justice (EJ) analysis is conducted. Administrator Regan’s action is consistent with his comments during the first meeting of the White House Environmental Justice Advisory Council (discussed here), in which Regan outlined EPA’s intention to use Title VI of the Civil Rights Act to advance EJ concerns in connection with facility siting decisions.
WHEJAC Progresses on Environmental Justice Recommendations
On April 28, the White House Environmental Justice Advisory Council (WHEJAC) reconvened to discuss the progress of three working groups established during its inaugural meeting on which we reported previously: the Justice40 Initiative, Executive Order 12898, and Climate and Economic Justice Screening Tool working groups.
Administrator Regan Reaffirms Environmental Justice as a Top Priority of the U.S. Environmental Protection Agency
In an April 7 Agencywide memorandum, U.S. Environmental Protection Agency (EPA or Agency) Administrator Michael Regan recommitted EPA to advancing environmental justice initiatives. Administrator Regan stated that it would be one of his “top priorities” to address environmental effects on communities whose residents are predominately of color, Indigenous, or low-income.
White House Environmental Justice Advisory Council Holds First Meeting
During the past week, President Biden’s focus on environmental justice continued to take shape with the announcement by the White House of the Environmental Justice Advisory Council (WHEJAC) membership and the WHEJAC’s first meeting.