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On April 30, 2021, the Office of Enforcement and Compliance Assurance (“OECA”) of Environmental Protection Agency (“EPA”) issued new internal guidance (the “Memorandum”) outlining actions intended to strengthen enforcement and advance the protection of overburdened communities meaning minority, low-income, tribal, or indigenous populations or geographic locations in the United States that potentially experience disproportionate environmental harms and risks.
The Memorandum comes on the heels of an announcement by Administrator Regan that reaffirmed the Biden administration’s commitment to environmental justice (“EJ”) enforcement matters and set out initial steps EPA will take to advance its EJ goals. Among them was to “[s]trengthen enforcement of violations of cornerstone environmental statutes and civil rights laws in communities overburdened by pollution.” OECA’s Memorandum outlines a plan to d
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Environmental Justice, as an urgent priority of the Federal Government, dates back to 1994, and President Clinton’s issuance of Executive Order 12898. This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and environment effects of its many programs, policies and procedures on minority populations and low-income populations. The primary legal basis for this order was Title VI of the Civil Rights Act of 1964, in particular, Sections 601 and 602, which prohibit discrimination in programs and activities receiving federal financial aid and assistance. Over the years, the Supreme Court has reviewed the scope and importance of Title VI. In
Highlights
The Biden Administration in its first 90 days has clearly and
dramatically articulated a commitment to the issue of environmental
justice.
The actions of the White House and the U.S. Environmental
Protection Agency (EPA) are significant in their own right, and
point to programmatic, regulatory and budget initiatives likely to
emerge over the coming months and years.
This Holland & Knight alert is the first of several status
updates on environmental justice (EJ) in the Biden Administration.
It identifies early actions of the administration that are not only
significant in their own right but point to programmatic,
regulatory and budget initiatives likely to emerge over the coming
Environmental Justice in the Biden Administration: Early Actions Draw First Bold Lines | Holland & Knight LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Biden DOJ Quickly Rescinds Trump Environmental Enforcement Policies | Williams Mullen jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.