Bonnie Barnett, left, and Sara Molinsky, right, of Faegre Drinker Biddle & Reath. Courtesy photos
The concept of Environmental Justice or EJ is not new—but over the past two years, the Biden administration and many state legislatures have been prioritizing its importance in enforcement and permitting decisions. A review of the national landscape shows that executive orders and federal enforcement agendas are focused on prioritizing EJ. At the same time, states are revising permitting regulations to incorporate EJ obligations that evaluate a facility’s impact on environmental equity, require community engagement and, in some cases, an evaluation of cumulative risk.
The Biden Administration’s EJ Agenda
From inception, the Biden administration announced several ambitious environmental and public health protections focused on advancing EJ. Two executive orders have shaped the rollout of federal EJ initiatives and enforcement strategies. First, President Joe Biden issued Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, which requires the federal government to prioritize EJ as a national objective and was accompanied by a noninclusive list of agency actions the White House requested federal agencies review to determine consistency with the Executive Order. Exec. Order No. 13,990, 86 Fed. Reg. 7037 (Jan. 20, 2021).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
