While we do not know the precise environmental agenda of President Biden, based on executive orders and campaigning prior to the election, we have a general idea of the direction. We are confident that it will not be anything like we saw in the Trump Administration. We also know that the focus will include Environmental Justice or “EJ.”
As stated in Baker McKenzie’s Global Compliance News, “Overall, the first few days of the Biden Administration have demonstrated a clear departure from the Trump Administration with respect to almost every aspect of environmental regulation.”
In the same article, they state, “While it does not focus on environmental issues specifically, President Biden’s Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government sets the foundation for EPA, DOI, DOE and other agencies to consider equity issues in environmental policymaking.”
Finally, from a January 27th “Fact Sheet” from the White House, “The (executive) order formalizes President Biden’s commitment to make environmental justice a part of the mission of every agency by directing federal agencies to develop programs, policies, and activities to address the disproportionate health, environmental, economic, and climate impacts on disadvantaged communities (emphasis added).”
The Biden Administration seems clear in their intent to make EJ an important part of their mission. This is very ambitious when you consider the potential breadth of dispensing EJ across every agency.
Defining Environmental Justice
It should be noted that every EPA region as well as the headquarter office has an environmental justice coordinator (see the Environmental Justice Page for details).
The definition of environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation and enforcement of environmental laws, regulations, and policies (USEPA, 2017).
It’s difficult to find anything objectionable in that definition. The challenge is defining terms such as “fair” and “meaningful” (subjective terms) with respect to emission limits and control technologies (objective terms).
Climate Bill Focuses on Environmental Justice
The administration is indeed moving forward with the EJ program at least in proposed legislation. The House Committee on Energy and Commerce issued a press release on March 2, 2021. The release was to introduce “The Clean Future Act, Comprehensive Legislation to Combat the Climate Crises.” This press release includes a 6-page fact sheet. The phrase environmental justice or climate justice is mentioned 18 times in this document.
The section devoted to EJ includes:
- Restricts air pollution permits from being issued or renewed for major sources in census tracts already overburdened by pollution
- Sets a ten-year deadline for the cleanup of all federal Superfund sites that are vulnerable to the effects of climate change.
Note that there are 15 bulleted items under the Environmental Justice header.
How the administration handles the renewed focus on EJ will be a balancing act. As EJ seeks to protect vulnerable populations from additional exposure to potential pollutants, it also impacts company’s plans for expansion – this includes large-scale farming operations in rural communities.
How will future environmental permits be effected by Environmental Justice (Photo by Nick van der Ende on Unsplash)?
Environmental and Economic Considerations
Considering how an expansion of a facility, a new facility, or the continuing operation of a facility may affect the local community requires rational and sober thinking. Operating within the regulatory limits under EJ may no longer be sufficient as cumulative effects are considered; but sober-minded thinking also considers the economic impact of these decisions as well – especially if the regulations cause job loss in the community.
EPA Administrator Michael Regan
How the new EPA Administrator, Michael Regan, will govern with respect to the commitment to EJ is an important consideration.
Administrator Michael Regan said that with respect to his enforcement philosophy that it must have science-based environmental regulations in place if it wants to chase individual companies that flout them (Bloomberg Law).
Regan went on to say, “It’s more about focusing on the importance and the integrity of the intent of our programs—and enforcement and accountability guides…than it is to say we’re focused on the polluters themselves.”
However, in an article in Bloomberg Green (New EPA Chief Michael Regan Vows Assault on Environmental Injustice), they report that Administrator Regan is equally committed to Environmental Justice. “Every person in the United States has the right to clean air, clean water and a healthier life no matter how much money they have in their pockets, the color of their skin or their zip code. Yet too many Black, indigenous, Latinx and other people of color bear the highest burden of pollution.”
Regan later said, “What I think you’ll see in the coming year or so is an emphasis on environmental justice, equity and civil rights by which we reconstruct our resources in our offices here within the EPA so that it permeates through our regions and to the states.”
The article points out that the recent stimulus law included some $50 million in funding for state and local environmental justice work.
Dispensing Environmental Justice
By all indications, the Biden Administration will have immediate focus on EJ. While the intent is to protect vulnerable populations, it will necessarily have a ripple effect. Manufacturing facilities, many of whom are in urban areas, may face resistance when they propose expansion or try to renew a permit for continuing operations. Further, large farming operations in rural communities may too face resistance and increased cost for environmental controls. Balancing EJ goals and economic recovery from the global pandemic will prove to be a significant undertaking.
If you need help with environmental permitting, assessment, remediation, or other environmental challenge, we can help. You can contact me at 248-932-0228, Ext. 134 and I will put you in touch with one of our environmental experts.
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