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Key Takeaways - While the Trump administration has taken action to eliminate environmental justice (EJ) programs at the federal level, state programs with EJ laws and policies remain in place and apply to regulated...more
Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders...more
Addressing so-called “environmental justice” (EJ) issues was a major focus for the Biden Administration from the time it took office. But, as we prepare for a new administration, the Biden Administration’s primacy in...more
Office of Management and Budget (OMB) Circular: Acquisition Data Management - On May 30, OMB’s Office of Federal Procurement Policy published a circular entitled, “Strategic Management of Acquisition Data and Information.”...more
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
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
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
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
In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more
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
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
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
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
“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
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
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
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
Outlook for This Week in the Nation’s Capital - Congress. The House and Senate are in session this week. The House plans to take up an FY23 appropriations minibus this week in addition to a handful of natural resources,...more
Outlook for This Week in the Nation’s Capital - Congress. The House and Senate are in recess this week. Once Congress returns after the July 4th recess, leaders aim to reach an agreement on the USICA/COMPETES bill and...more
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
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
The Department of Justice (“DOJ”) is the latest executive branch agency to join the Biden-Harris Administration’s (“Administration”) efforts to address environmental justice concerns. On May 5, 2022, Attorney General Merrick...more
On May 5, 2022, Attorney General Merrick Garland announced key developments that would elevate environmental justice (EJ) as a key priority for the nation’s largest and most powerful enforcement agency. These historic...more
Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice. The U.S. Department of Justice...more
The Biden Administration has made clear that environmental justice (EJ) is a priority in all aspects of its environmental work, most recently through Department of Justice (DOJ)-led enforcement efforts. To that end, on May 5,...more