News & Analysis as of

Title VI Environmental Protection Agency (EPA)

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

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

City of Albuquerque/Albuquerque Environmental Health Department: Natural Resources Defense Council Submits Title VI Civil Rights...

The Natural Resources Defense Council and Los Jardines Institute (collectively, “NRDC”) submitted a May 30th document to EPA styled: Complaint under Title VI of the Civil Rights Act of 1964 and the Environmental Protection...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

Cozen O'Connor

Republican AGs Push Back on Scope of EPA’s Anti-Discrimination Regulations

Cozen O'Connor on

A group of 23 Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under Title VI of the Civil Rights Act that prohibit recipients of EPA funds from engaging in certain...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

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

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

Supreme Court 2023 Highlights – Administrative and Environmental Law

ArentFox Schiff on

This US Supreme Court’s administrative and environmental decisions were somewhat predictable for much of the 2022-2023 term. And then they weren’t – the final weeks of the term especially featured some high-drama decisions....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,...

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

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

Morgan Lewis

Texas Commission on Environmental Quality Implements Public Involvement Requirements for Applicants

Morgan Lewis on

Requirements associated with the Texas Commission on Environmental Quality’s (TCEQ’s) new Public Participation Plan became effective on November 1, 2022. The plan, which is intended to enhance TCEQ’s compliance with Title VI...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

Goldberg Segalla

EPA Establishes Office of Environmental Justice and External Civil Rights

Goldberg Segalla on

On September 24, 2022, the Environmental Protection Agency announced the establishment of a new office dedicated to advancing civil rights and environmental justice. The Office of Environmental Justice and External Civil...more

King & Spalding

EPA Addresses Environmental Justice and Civil Rights in Permitting

King & Spalding on

The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more

Jenner & Block

U.S. EPA Offers Roadmap for Environmental Justice-Based Permit Denials

Jenner & Block on

On August 16, 2022, U.S. EPA released its Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (FAQ) that provides guidance to federal, state, and local environmental permitting entities on...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

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

Environmental Justice/Texas Commission on Environmental Quality: Environmental Organizations Submit Petition to U.S. Environmental...

Earthjustice and 11 other environmental organizations submitted a document to the Administrator of the United States Environmental Protection Agency (“EPA”) on June 28th titled: Petition for Action Regarding Deficiencies...more

Williams Mullen

The Federal Government Expands Environmental Justice Strategy Including New Equity Action Plan and Reinstatement of SEPS

Williams Mullen on

The Biden Administration and EPA continue to strengthen and expand the federal Environmental Justice (EJ) strategy as evidenced by the President’s April 2022 Equity Action Plan (Plan) and the United States DOJ’s May 2022...more

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

Refrigerant Recovery Management Program/Air Enforcement: U.S. Department of Justice and Scrap Recycling Company Enter into Consent...

The United States Department of Justice (“DOJ”) entered into a Consent Decree (“CD”) on behalf of the United States with Schnitzer Steel Industries, Inc. (“Schnitzer”) addressing alleged violations of the Clean Air Act and...more

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