Republican attorneys general have criticized the Biden administration's focus on environmental justice, labeling it as a form of 'racial engineering.' They have urged the EPA to cease using civil rights laws to investigate actions and policies that disproportionately harm Black and minority communities. The attorneys argue that the EPA should prioritize enforcing existing environmental laws rather than pursuing what they perceive as an extreme agenda under the guise of 'environmental justice.'
The petition, led by Florida Attorney General Ashley Moody and joined by 22 other GOP officials, calls for changes to decades-old rules related to civil rights laws. However, the petition acknowledges that the civil rights law could still be applied in cases of intentional discrimination.
EPA Administrator Michael Regan has actively promoted environmental justice initiatives, including using Title VI of the Civil Rights Act of 1964 to address environmental harms faced by marginalized communities. This approach has involved investigations and advocacy to pressure states into making policy changes to address disparities.
Despite the Republican attorneys general's petition, the Biden administration is unlikely to back down from its commitment to environmental justice. The petition reflects a broader Republican opposition to federal policies aimed at addressing historical racial discrimination, with the attorneys general citing recent court decisions as support for their stance.
Environmental groups and advocates view Title VI as a crucial tool in combating environmental discrimination, particularly in communities burdened by pollution and its associated health and economic impacts. While Title VI has historically had limited impact on environmental policy, there were hopes that the Biden administration would leverage it more effectively.
However, recent legal challenges, including a lawsuit from Louisiana contesting the EPA's investigative authority, have raised concerns about potential setbacks to environmental justice efforts. The EPA faces pressure from unfavorable court rulings and a conservative Supreme Court that has constrained its regulatory powers in various environmental matters.
Despite these challenges, EPA officials remain committed to using all available tools to hold polluters accountable and address environmental injustices. The agency continues to pursue stricter emissions limits for industrial facilities, such as the Denka Performance Elastomer plant in Louisiana, as part of its broader environmental protection efforts.
