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.
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Environmental Justice
EJ Evolution: EPA Closes Title VI Investigations into LDEQ and LDH
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.
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EJ Evolution: Environmental Justice Takes to the Sea
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…
U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act
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…
EJ Evolution: New Environmental Justice Executive Order Expands Agency Directives
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…
Louisiana State Court Reverses Issuance of Air Permits, Citing Environmental Justice Concerns
On September 14, 2022, the 19th Judicial District Court revoked air permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) under Louisiana’s Prevention and Significant Deterioration (“PSD”) regulations[1] for a Formosa Plastics facility (“FG LA”) planned to be built in St. James Parish.[2] The court ruled that LDEQ erred in issuing…