News & Analysis as of

Environmental Protection Agency (EPA) Department of Justice (DOJ) Environmental Justice

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

King & Spalding

Key Recent Developments In Environmental Justice Litigation

King & Spalding on

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

ArentFox Schiff

Environmental Justice Update: Seven Lessons from Louisiana

ArentFox Schiff on

Environmental justice (EJ) issues continue to feature prominently in national headlines in 2024. Below, we unpack two Louisiana EJ-focused court decisions and outline seven takeaways for the regulated community....more

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

Roetzel & Andress on

There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...more

Jenner & Block

Justice Department Issues First-Ever Comprehensive Environmental Justice Enforcement Strategy Report

Jenner & Block on

On October 13, 2023, the U.S. Department of Justice’s Office of Environmental Justice (OEJ) released its Comprehensive Environmental Justice Enforcement Strategy Report (Report). The Report outlines what OEJ considers to be...more

ArentFox Schiff

Environmental Justice Update: DOJ Releases Inaugural EJ Enforcement Strategy Report

ArentFox Schiff on

The Comprehensive Environmental Justice Enforcement Strategy Annual Report builds on the DOJ’s creation of its Office of Environmental Justice within the DOJ’s Environment and Natural Resources Division (ENRD), which has...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

ArentFox Schiff

Is Environmental Justice at a Crossroads? Three Issues to Watch in Fall 2023

ArentFox Schiff on

More so than any other issue, environmental justice (EJ) remains a central pillar of the Biden Administration’s regulatory agenda. Below, we’ll answer three EJ-related questions that the regulated community may struggle with...more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Roetzel & Andress

Biden Administration Changes to Enforcement Policies

Roetzel & Andress on

This year, the Biden Administration has ushered in changes to enforcement guidance and policy, including criminal self-disclosures and deference to State regulators. In addition, the Administration has further bolstered its...more

Kelley Drye & Warren LLP

New EPA Enforcement and Compliance Assistant Administrator Expected to Advance Environmental Justice Enforcement Efforts

On July 20, 2023, the U.S. Senate confirmed the long-awaited appointment of David Uhlmann as the new Assistant Administrator of the Environmental Protection Agency’s (“EPA”) Enforcement and Compliance Division. Mr. Uhlmann...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

ArentFox Schiff

Environmental Justice Update: EPA Announces $100 Million in EJ Grants to Local Groups and Issues Guidance Outlining Potential...

ArentFox Schiff on

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. Below, we unpack two recently announced EJ efforts: a grant program for groups in...more

Kelley Drye & Warren LLP

U.S. Justice Department Unveils New Efforts to Tackle Environmental Justice Concerns

Kelley Drye & Warren LLP on

In this article, the authors review the series of actions announced by Attorney General Merrick B. Garland and Environmental Protection Agency Administrator Michael Regan to advance environmental justice, including the launch...more

Faegre Drinker Biddle & Reath LLP

Prepare Now for the Inevitable EJ Questions: A Practitioner’s Guide to Regulatory Impacts of Environmental Justice

The incorporation of environmental justice (EJ) and civil rights into the environmental agenda of the Biden administration has not been confined to grant making and enhanced visibility. Through a series of executive orders,...more

ArentFox Schiff

Environmental Justice Update: Chicago Forcing Facility Relocation to Environmental Justice Area Puts Federal HUD Funding at Issue

ArentFox Schiff on

Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws - to address...more

WilmerHale

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

WilmerHale on

Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

Kilpatrick

Abraham Lincoln and Environmental Justice – Department of Justice Highlights Civil War-Era False Claims Act under Environmental...

Kilpatrick on

On May 5, 2022, Attorney General Merrick Garland and EPA Administrator Michael Regan issued a comprehensive environmental justice enforcement strategy designed to improve and promote environmental justice through the...more

Lowenstein Sandler LLP

U.S. Department of Justice and U.S. Environmental Protection Agency Launch Enhanced Environmental Justice Strategy

Lowenstein Sandler LLP on

Environmental justice is one of the hottest topics in the environmental world. The New Jersey Department of Environmental Protection (NJDEP) recently rolled out its long-awaited proposed environmental justice regulations,1...more

King & Spalding

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

King & Spalding on

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

Venable LLP

Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity

Venable LLP on

Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more

Nossaman LLP

Biden Administration Announces New Environmental Justice Initiatives

Nossaman LLP on

On May 5, 2022, Attorney General Merrick B. Garland, along with Environmental Protection Agency (EPA) Administrator Michael S. Regan, announced a series of initiatives intended to “secure environmental justice for all...more

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