A Louisiana federal court recently blocked EPA and DOJ from enforcing Title VI against the State of Louisiana to require disparate and cumulative impact analyses under federal environmental justice (EJ) policies for its state permitting. Read more about this decision and its ramifications here.
Continue Reading EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting

In the recent First Circuit Court of Appeal decision reinstating the Formosa facility permits, the court clarified that consideration of environmental justice is included in the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permit challenges and permit requirements, read more here.
Continue Reading Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty

In the Fifth Circuit’s first application of Sackett v. EPA, the court ends a ten-year conflict regarding federal Clean Water Act jurisdiction over a Louisiana property, holding that under the new Supreme Court standard no WOTUS exist on the property.
Continue Reading Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute

EPA issued draft guidance revising its Technical Guidance for Assessing Environmental Justice in Regulatory Analysis. The proposed revisions incorporate portions of Executive Order 14096, and they align with the federal government’s push to enhance community involvement, to assess cumulative impacts, and put EJ issues front and center in agency decision-making. Read more about the proposed changes here. #environmentaljustice
Continue Reading EJ Evolution: EPA Issues Draft Revision of Technical Guidance for Assessing Environmental Justice in Regulatory Analysis

EPA and the Army Corps published their new regulatory definition of “Waters of the United States” (WOTUS) today in response to the Supreme Court’s landmark Sackett decision from earlier this year. While the rule clearly narrows the scope of federally regulated wetlands, ambiguity remains as to certain types of wetlands.
Continue Reading EPA and Army Corps Release New WOTUS Rule

The Council on Environmental Quality’s recent proposed revisions to NEPA regulations would explicitly include environmental justice in the NEPA process and codify a definition for the term. This proposal signals an upcoming first, a fixed place for EJ in federal law.
Continue Reading EJ Evolution: Proposed NEPA Regulations Spotlight Environmental Justice

EPA administratively closed its Title VI investigations into whether LDEQ and LDH engaged in racial discrimination when issuing approvals for two Louisiana facilities. To find out more about how this impacts environmental justice considerations in Louisiana, read it on the Energy Law Blog.
Continue Reading EJ Evolution: EPA Closes Title VI Investigations into LDEQ and LDH

On June 8, 2023, the Ocean Policy Committee (composed of members from the Council on Environmental Quality and Office of Science and Technology Policy) published a Request for Information, seeking input on developing an “Ocean Justice Strategy.” This strategy will focus on environmental justice (“EJ”) concerns for communities residing near the ocean, coasts, and Great

The U.S. Supreme Court decision in Sackett v. EPA, No. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. The Court’s ruling holds

On April 21, 2023, the Biden administration reinforced and expanded its commitment to promoting environmental justice by signing new Executive Order 14096, “Revitalizing Our Nation’s Commitment to Environmental Justice for All.” This executive order is the latest in a series of actions under the Biden Administration that build upon Executive Order 12898, signed in 1994