U.S. EPA Office of Land and Emergency Management Publishes Environmental Justice Action Plan
On September 30, 2022, the Office of Land and Emergency Management within the U.S. Environmental Protection Agency (EPA or the Agency) published an action plan, “EJ Action Plan: Building Up Environmental Justice in EPA’s Land Protection and Cleanup Programs” (EJ Action Plan). EPA describes the EJ Action Plan as “a key component” of its implementation of President Joe Biden’s Executive Orders 13985 and 14008 to promote environmental justice (EJ).
U.S. EPA Establishes New Office of Environmental Justice and External Civil Rights
On September 24, 2022, the U.S. Environmental Protection Agency (EPA) announced the establishment of a new national program office, the Office of Environmental Justice and External Civil Rights, which will span all 10 EPA regions and be supported by more than 200 staff. The new office will be led by a U.S. Senate-confirmed Assistant Administrator, who will be announced at a later date. According to the EPA, the new office will address environmental justice matters by providing grants and technical assistance, enforcing federal civil rights laws, developing and implementing environmental laws, regulations, and policies, and providing support in alternative dispute resolution.
New York State Launches First-of-its-Kind Statewide Mobile Air Monitoring Program
As previously reported, the second quarter of 2022 ushered in a bevy of federal action by the White House, U.S. Environmental Protection Agency, U.S. Department of Justice, and U.S. Department of Heath and Human Services to address environmental justice through numerous agency functions.
Quarterly Review: Biden Administration’s Advancement of Environmental Justice
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…)
EPA Launches Investigation under Title VI of the Civil Rights Act
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…)
EPA Releases Equity Action Plan to Advance Environmental Justice and Civil Rights
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…)
EPA Releases Draft Environmental Justice Plan
On January 5, 2022, the U.S. Environmental Protection Agency (EPA) released a draft Environmental Justice Action Plan. The Action Plan outlines measures that have been or will be implemented by EPA’s Office of Land and Emergency Management (OLEM) to address environmental justice (EJ) concerns in OLEM programs, including Superfund, emergency response, and risk management. (more…)
Head of DOJ Environmental Division Announces Enforcement Priorities
Todd Kim, Assistant Attorney General at the U.S. Department of Justice (DOJ) Environment and Natural Resources Division (ENRD), delivered remarks at the American Bar Association’s National Environmental Enforcement Conference on December 14, 2021. He provided insight into what DOJ plans to prioritize in environmental enforcement, centered on criminal enforcement, climate change, and environmental justice.
Kim emphasized that the purpose of enforcement is to ensure that businesses are properly incentivized to comply with the law through deterrence and to provide a level playing field, while protecting public health and the environment. He noted that DOJ has prioritized fighting corporate crime and is revising applicable polices, so ENRD will consider pursuing potential environmental and non-environmental crimes, as well as a business’s environmental and non-environmental track record in prosecution decisions.
Kim focused on methods of sector-wide enforcement, citing the Petroleum Refinery Initiative that involved settlements covering 112 refineries in 37 states since 2000. Kim also expressed an interest in more penetrating identification of all involved parties within a business, as well as in the full supply chain, where relevant. This focus could be especially impactful for importers of chemicals, pesticides, or wood products.
With these various tools in mind, Kim cited climate change and environmental justice as the two highest priority issues. For climate change, he indicated greater enforcement for air emissions from petrochemical plants and from facilities with refrigeration systems. For environmental justice, he provided a general assurance that ENRD is paying greater attention to potential violations in communities of color and low-income communities that may be disproportionately burdened by environmental hazards and harms.
