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.
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.
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.
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.
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.
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.
On March 17, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) issued a notice of proposed rulemaking (ANPRM) seeking information related to per- and polyfluoroalkyl substances (PFAS) to support a potential Clean Water Act rulemaking. With respect to PFAS from manufacturers and formulators, EPA requests public comment on the Agency’s current information and data and solicits additional information and data from stakeholders. (more…)
On March 15, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) published a final rule, pursuant to the good-neighbor provision of the Clean Air Act, which directs EPA and states to address interstate transport of air pollution that affects downwind states’ ability to attain and maintain compliance with the 2008 National Ambient Air Quality Standard (NAAQS) for ozone. As we explained previously, the Revised Cross-State Air Pollution Rule (CSAPR) Update is EPA’s rulemaking in response to the U.S. Court of Appeals for the D.C. Circuit’s decision in Wisconsin v. EPA, in which the court remanded an earlier EPA CSAPR update rule. (more…)
Historically, the emissions standards for mobile sources promulgated by the U.S. Environmental Protection Agency (EPA) have been viewed as more ambitious than European Union (EU) standards. The United States’ stringent enforcement of mobile source emission standards may result in significant financial penalties; extensive injunctive relief, such as recalls and high-cost mitigation projects; corporate compliance requirements; and in some cases, criminal indictment.
On the other side of the Atlantic, in the EU, mobile emissions compliance regulations are becoming more robust. In particular, the EU appears to be adopting a stricter approach on emissions through a growing body of case law on the interpretation and application of existing emissions compliance regulations. In a judgment on 17 December 2020, in CLCV and Others, the Court of Justice of the European Union (Court) adopted a potentially broad interpretation on the definition of defeat devices and appeared to limit the scope of exceptions for their use in vehicles sold, registered, or put into service in the EU.1 This judgment is likely to set the benchmark for other proceedings on the admissibility of defeat devices in the EU.
Notably, there are at least six cases pending before the Court on mobile source emissions and the concept of defeat devices for light-duty passenger and commercial vehicles under Regulation (EC) No 715/2007 (Regulation).2
On January 20, 2021, President Joe Biden issued an executive order, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The order directs executive agency heads to review hundreds of agency actions implemented during the Trump administration, including more than 120 related to energy and the environment. In addition, the order suspends or revokes, in whole or in part, nearly one dozen executive orders issued by the prior president directly tied to energy infrastructure.