News & Analysis as of

Environmental Justice Civil Rights Act

Goldberg Segalla

EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

Goldberg Segalla on

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI...more

King & Spalding

Louisiana Seeks Vacatur of EPA Regulations Imposing Disparate Impact Requirements; 23 States Petition EPA to Amend Title VI of the...

King & Spalding on

A hallmark of the Biden Administration’s approach to environmental justice has been using preexisting authorities to advance its agenda, none more so than Title VI of the Civil Rights Act. That approach now faces several...more

Goldberg Segalla

Attorneys General from 23 States Petition to End EPA's Use of Disparate Impact In Regulating Pollution

Goldberg Segalla on

Attorneys General from 23 states have filed a petition for rulemaking with the Environmental Protection Agency demanding the agency stop using Title VI of the Civil Rights Act of 1964 when regulating pollution. The petition,...more

ArentFox Schiff

Environmental Justice Update: EPA, Illinois EPA, and Chicago Settle Civil Rights Claims with Agreement to Prioritize EJ in...

ArentFox Schiff on

The Biden Administration’s embrace of a “whole of government” approach to address environmental justice (EJ) issues occasioned litigation across the country. One of the hottest series of disputes has been the tag-team...more

King & Spalding

Key Recent Developments In Environmental Justice Litigation

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Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...more

Troutman Pepper

Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?

Troutman Pepper on

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice...more

Foley & Lardner LLP

How U.S. EPA’s New Environmental Justice Initiative Impacts Manufacturing Operations

Foley & Lardner LLP on

What Is Environmental Justice? The Environmental Justice Initiative seeks to ensure that all Americans—regardless of race, color, national origin, or income—receive fair treatment and have meaningful involvement with...more

Latham & Watkins LLP

US EPA’s Environmental Justice Objectives on Trial

Latham & Watkins LLP on

As the objectives gain traction, they are meeting state resistance in court. The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the...more

Kilpatrick

Is the Giant Going Back to Bed? EPA’s Potential Retreat on “Environmental” Enforcement of Title VI of the Civil Rights Act of 1964

Kilpatrick on

In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more

ArentFox Schiff

Will Environmental Justice Programs Be Affected by SCOTUS’s Affirmative Action Decisions?

ArentFox Schiff on

In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup. In the five decades since Congress began to create comprehensive...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Illegal Dumping/Environmental Justice: U.S. Department of Justice and City of Houston, Texas, Enter into Settlement

The United States Department of Justice (“DOJ”) issued a June 6th news release stating that it had entered into a Settlement Agreement with the City of Houston, Texas, in response to illegal dumping in Black and Latino...more

King & Spalding

Environmental Justice and Civil Rights in U.S. Construction Projects

King & Spalding on

Since taking office two years ago, the Biden Administration has emphasized efforts to incorporate environmental justice considerations into federal agency permitting, funding and financial support decision-making....more

Jenner & Block

Department of Justice Secures First Title VI Environmental Justice Resolution Agreement

Jenner & Block on

On May 4, 2023, the Department of Justice (DOJ) announced a first-of-its-kind Title VI environmental justice interim resolution agreement with the Alabama Department of Public Health (ADPH). The resolution follows an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Justice: U.S. Department of Justice and Alabama Department of Health Enter into Interim Resolution Agreement

The United States Department of Justice and United States Department of Health and Human Services (collectively “DOJ”) announced on May 4th they have entered into an Interim Resolution Agreement (“IRA”) with the Alabama...more

ArentFox Schiff

EPA’s FY2024 Budget Request Emphasizes Continued Focus on Climate, Environmental Justice, and Infrastructure

ArentFox Schiff on

Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title VI of the Civil Rights Act/South Coast Air Quality Management District: Earthjustice Complaint Submitted to U.S....

Earthjustice submitted a March 6th Complaint under Title VI of the Civil Rights Act of 1964 (“Title VI”) addressing the South Coast Air Quality Management District in California (“SCAQMD”)....more

Vinson & Elkins LLP

Environmental Justice 2022 Year-End Review

Vinson & Elkins LLP on

Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more

King & Spalding

Environmental Justice in Air Permitting

King & Spalding on

EPA’s Office of Air and Radiation (“OAR”) recently issued eight Principles for Addressing Environmental Justice Concerns in Air Permitting (“Principles”) for the consideration of environmental justice in Clean Air Act (“CAA”)...more

King & Spalding

EPA Releases a Cumulative Impacts Addendum to its Environmental Justice Tool Kit

King & Spalding on

On January 11, 2023, EPA’s Office of the General Counsel released a Cumulative Impacts Addendum (“Addendum”) to its May 2022 publication Legal Tools To Advance Environmental Justice, continuing to signal its focus on...more

ArentFox Schiff

Environmental Justice Update: Five End-of-Year Lessons from EPA's 2022 Efforts

ArentFox Schiff on

The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver...more

WilmerHale

EPA’s New Office and Environmental Justice Guidance: Implications for Project Permitting and Beyond

WilmerHale on

Recent actions by the US Environmental Protection Agency (EPA) aim to institutionalize environmental justice as a key agency function and support development of tools, guidance and policies to advance it. A newly formed...more

Smith Gambrell Russell

EPA Issues Interim Environmental Justice (EJ) and Civil Rights Permitting FAQ

Smith Gambrell Russell on

On August 16, the EPA released its frequently asked questions (“FAQ”) document advising state regulators to deny permits if applicants do not demonstrate compliance with the civil rights of affected persons and communities in...more

ArentFox Schiff

Environmental Justice Update: EPA Issues Initial Findings Regarding Louisiana Civil Rights Complaints

ArentFox Schiff on

In a recent US Environmental Protection Agency (EPA) letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title VI Civil Rights Act/Environmental Justice: U.S. Environmental Protection Agency October 12th Letter of Concern to Louisiana...

The United States Environmental Protection Agency Office of Environmental Justice and External Civil Rights (“EPA”) sent an October 12th Letter of Concern (“LOC”) to the following Louisiana state agencies: Louisiana...more

Beveridge & Diamond PC

EPA Letter of Concern Cements Use of Title VI/Environmental Justice as Permit Challenge Tool

Beveridge & Diamond PC on

On October 12, 2022, the Office of Environmental Justice and External Civil Rights of the U.S. Environmental Protection Agency (EPA) issued a Letter of Concern setting forth its initial analysis and recommendations in...more

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