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The United States Department of Justice (“DOJ”) announced what Attorney General Garland described as a:

. . . new comprehensive environmental justice enforcement strategy to guide the Justice Department’s work and issued an Interim Final rule that will restore the use of supplement environmental projects in appropriate circumstances.

U.S. Environmental Protection Agency (EPA”) Administrator Regan participated in the announcement and is quoted as stating:

This environmental justice enforcement strategy epitomizes the Biden-Harris Administration’s commitment to holding polluters accountable as a means to deliver on our environmental justice priorities.

The announcement included a reference to what is described as a comprehensive environmental justice enforcement strategy “to guide the Justice Department’s litigators, investigators, and U.S. Attorneys’ Offices nationwide to advance the cause of environmental justice through the enforcement of environmental laws.” The strategy is stated to have been developed by DOJ’s Environment and Natural Resources Division in partnership with EPA.

The announcement also notes that DOJ has launched what is described as its “first-ever” Office of Environmental Justice within its Environment and Natural Resources Division.

As previously noted, DOJ’s Interim Final Rule will restore the use of supplemental environmental projects in appropriate circumstances. The use of supplemental environmental projects is addressed in the May 5th memorandum from the Attorney General titled:

Actions to Advance Environmental Justice

A copy of the DOJ announcement with a link to the May 5th memorandum can be found here.