Environmental justice groups have asked the EPA to reject a state implementation (SIP), pertaining to pollutants in this case, fine particulate matter, (PM2.5), for environmental justice reasons only. In particular, the request to EPA cites Title VI of the Civil Rights Act to argue that the SIP would discriminate against a group of citizens. In light of the increasing scrutiny on environmental justice issues, particularly in light of theDraft Environmental Justice Action Plan for 2022 by the EPACompanies should be reminded by the request to EPA that considering the environmental justice effects of projects is a crucial consideration in risk mitigation.
SIP addresses environmental justice issues
California submitted a SIP for San Joaquin Valley pertaining PM2.5 air quality standards. The EPA must approve it as in compliance with the Clean Air Act. Several groups petitioned EPA to reject the state’s SIP in a 28-page letter. They were concerned that the plan doesn’t alleviate the disproportionate burden Latino communities have borne from PM2.5 contamination over many years. According to Title VI of Civil Rights Act, organizations argue that the SIP discriminates. Therefore, it should be rejected. PM2.5 is a notable topic, given that it has been a pollutant that has received a lot attention under the Biden administration and that the EPA has promised to address. Environmental justice groups are urging EPA not to violate the Civil Rights Act. They also want the state to prove that the SIP doesn’t discriminate. The EPA must issue a final decision on the issue by April 29, 2022.
Lessons For Companies
The San Joaquin Valley SIP dispute does not directly concern a challenge to private entities that are alleged to have an impact on marginalized communities. Companies considering projects that have potential impacts on water, soil, or air that could impact marginalized communities can learn from the backlash against the proposed SIP to PM2.5. Corporate expansion projects are being challenged more often on environmental justice grounds. This includes through the Clean Air Act, Clean Water Act, Civil Rights Act Title VI, and the Clean Water Act.
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.
2022 CMBG3 Law, LLC. All rights reserved.National Law Review Volume XII, Number 47
