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DOJ announces new initiative to advance the cause of environmental justice

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Attorney General Merrick B. Garland and EPA Administrator Michael S. Regan announced this week the launch of a new Office of Environmental Justice within the Justice Department.

Garland also announced a new comprehensive environmental justice enforcement strategy to guide the Justice Department’s work and issued an Interim Final Rule that will restore the use of supplemental environmental projects in appropriate circumstances.

“Although violations of our environmental laws can happen anywhere, communities of color, indigenous communities, and low-income communities often bear the brunt of the harm caused by environmental crime, pollution, and climate change,” Garland said. “For far too long, these communities have faced barriers to accessing the justice they deserve. The Office of Environmental Justice will serve as the central hub for our efforts to advance our comprehensive environmental justice enforcement strategy. We will prioritize the cases that will have the greatest impact on the communities most overburdened by environmental harm.”

“EPA and the Justice Department’s partnership to protect overburdened and underserved communities across America has never been stronger,” said EPA Administrator Regan. “This environmental justice enforcement strategy epitomizes the Biden-Harris Administration’s commitment to holding polluters accountable as a means to deliver on our environmental justice priorities. Critical to that is the return of Supplemental Environmental Projects as a tool to secure tangible public health benefits for communities harmed by environmental violations.”

Consistent with President Biden’s Executive Order on Tackling the Climate Crisis at Home and Abroad, Associate Attorney General Vanita Gupta issued a comprehensive environmental justice enforcement strategy to guide the Justice Department’s litigators, investigators, and U.S. Attorneys’ Offices nationwide to advance the cause of environmental justice through the enforcement of federal laws.

Developed by the Environment and Natural Resources Division in partnership with EPA, the strategy will ensure that the entire department is using all available legal tools to promote environmental justice.

Reps. A. Donald McEachin (VA-04), Nanette Barragán (CA-44), Pramila Jayapal (WA-07), and Raúl M. Grijalva (AZ-03) issued the following joint statement on the news:

“The Biden administration has shown a historic commitment to advancing environmental justice, and today’s announcement is another important step in bolstering those efforts. We applaud President Biden, Attorney General Garland, and Administrator Regan for prioritizing environmental justice and taking the necessary steps to ensure these commitments are carried out.

“We are encouraged to see the development and implementation of the DOJ’s environmental justice enforcement strategy, which underscores the agency’s commitment to addressing the harms facing frontline and fenceline communities by holding polluters accountable. With a plethora of legal enforcement mechanisms, the DOJ is well positioned to help advance our shared EJ priorities and make a meaningful difference in impacted communities.

“For too long, low-income communities, communities of color, and Tribal and Indigenous communities have borne the brunt of environmental degradation, pollution, and injustice. As we look to transition to a clean-energy future, we must consider the needs and lived experiences of these historically marginalized communities and aim to dismantle long-standing inequities. Overburdened communities have long said that environmental harms go unidentified and uninvestigated. We commend the Biden administration for listening to these concerns and taking appropriate action with the creation of this new office.

“Now more than ever, we must uphold our commitments and ensure vulnerable populations have a seat at the table when crafting these initiatives and solutions. Each community faces its own unique set of challenges, and we must be looking for targeted, tailored approaches to right these historical wrongs. We look forward to engaging with the new Office of Environmental Justice and finding opportunities for collaboration to address these needs.”

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