Biden DOJ further supports environmental justice policies

The Department of Justice (DOJ), announced two important steps to address environmental justice issues on May 5, 2022. These included the unveiling of a comprehensive environmental strategy document and the reinstating of DOJ’s power to authorize community project as part of environmental violations settlements. The DOJ’s environmental justice initiatives reverse Trump-era policies. They also significantly strengthen the Department’s focus on environmental justice problems, as required by President Biden. The DOJ’s policies have a significant impact on environmental justice issues nationwide. Companies should understand the impact of the DOJs actions upon the overall administrations efforts for agencies to achieve its environmental justice goals.

DOJs Environmental Justice Policies

Last week, the DOJ announced its environmental justice initiatives.Plan for environmental justice. This action fulfilled an Executive Order issued by President Biden in 2021 that required such a plan to be created. The DOJ’s plan outlines that its criminal and civil enforcement arms will collaborate with the EPA and other federal agency to prioritize prosecution cases that will reduce environmental damages that disproportionately affect overburdened or underserved communities. The DOJ specifically mentions using Title VI of the Civil Rights Act to address environmental justice issues. Each of the 93 U.S. Attorneys is required to designate an Environmental Justice Coordinator to assist in identifying and addressing any areas of concern. [sic]to provide procedures for members to report their concerns to the community.

The Environmental Justice Strategy Plan will be supplemented by the DOJ’s plans to restore U.S. prosecutors’ power to allow.Settlement agreementsIt is a requirement in cases of environmental violation to include a component of undertaking community projects. Under the previous administration, such environmental projects were not allowed. As part of settlement agreements for environmental violations, the settlement components would be used as compensation for environmental justice communities. However, there would be some restrictions on the ability to include environmental justice elements in settlement agreements. These include the requirement that any settlement agreements specify the nature and scope and that any projects have a strong link to the underlying violation. The DOJ also must not propose any third party to receive payments. The DOJ would be prohibited from having control over settlement funds. However it could take any steps necessary to ensure compliance with the settlement agreement.

Key Takeaways For Companies

Given President Bidens and EPAs strong interest in protecting the environment justice communities, it shouldn’t surprise anyone that the DOJ has environmental justice policies. Companies and environmental violators who are being pursued in court by the DOJ because of alleged environmental infractions can expect that negotiations will include elements of environmental justice. The DOJ and EPA will both target alleged violators within the environmental justice communities. The EPAEJScreenCompanies can use this tool to find communities in the nation that could be targeted in the future to enforce their laws.

Companies that fail to do their due diligence about the environmental impact of a project that will affect marginalized communities will find it difficult to get justice in courts that are focused on environmental justice. Risk mitigation starts with the simple step to recognize the importance of environmental justice and incorporate it into the planning phase.