Ral Grijalva (House Natural Resources Chair) is ready to return his party’s signature legislation on environmental justice to the forefront.
Tomorrow, the Arizona Democrat will convene the first hearing since late 2020 on the “Environmental Justice for All Act,” which would provide more protection for communities and individuals affected by pollution and environmental safety hazards.
Grijalva said to E&E News that the timing reflects the uncertain fate the $1.7 trillion climate- and social spending package which would have made large investments to help the most disadvantaged communities of environmental justice.
His latest version of the two-year-old “Environmental Justice for All Act,” H.R. 2021, would require federal agencies to consider community health impacts during permitting decisions; codify into law the federal government’s existing environmental justice initiatives; and impose new fees on oil, gas and coal companies to fund local transitions away from fossil fuel economies.
The bill would also reverse a Supreme Court ruling from 2001 that made it more difficult for private citizens to seek legal remedies when they are victims in actions that disproportionately affect poor, non-white communities.
It is undoubtedly the most ambitious environmental justice framework that Capitol Hill has ever seen. It was developed by Grijalva and Rep. Donald McEachin, (D-Va.), in consultation with advocates, activists, and those who live and/or work in front-line communities.
McEachin, Grijalva, and McEachin introduced the legislation again in March 2021. E&E News heard from the two lawmakers at that time that, while they didn’t plan to abandon their legislative push, they were content with allowing the new Biden administration the time it needed to demonstrate its commitment in implementing environmental justice policies through executive action.E&E Daily, Feb. 5, 2021).
President Biden signed a directive directing federal agencies that they should emphasize environmental justice in their policies. Additionally, he directed that 40 percent of the government’s climate-change spending be transferred to disadvantaged communities at the end January 2021. McEachin and Grijalva praised the directive as a game changer.
Then came the Democratic efforts to pass the budget reconciliation measure known as the “Build Back Better Act” another opportunity to achieve some of the goals of the “Environmental Justice for All Act” by reducing pollution, removing lead pipes and incentivizing companies to make the switch to clean energy sources.
Grijalva, however, was already concerned about what would survive in final package. He warned in a LetterBiden stated last fall that any spending cuts to the climate section of the reconciliation bill could prevent Democrats honor.[ing]Our shared commitment towards seeking environmental justice is embodied by the Environmental Justice for All Act, and the Justice40 initiative (E&E Daily, Oct. 15, 2021).
Grijalva was able to stop the cost-saving measures that he feared but Sen. Joe Manchin (D.W.Va.), who opposed the larger package, has now stalled momentum for the entire bill, seemingly indefinitely.E&E Daily, Feb. 11).
Uncertainty surrounding the “Build Back Better Act” is now paving the way for consideration of the “Environmental Justice for All Act.” Grijalva told E&E News in January that environmental justice legislation was just one of many areas the House Natural Resources Committee would address in the coming weeks now that the Democrats environmental agenda, almost entirely enshrined in the reconciliation package, is in limbo (E&E Daily, Jan. 31).
It will be impossible, however, to pass the “Environmental Justice for All Act” on its own. Although Democrats expect to get the votes to pass it in Congress, it will be impossible for it to be passed in the Senate without unanimous support from the Senate Democrats. The reconciliation bill would have withstood the threat of a filibuster in a 50-50 legislative body; the “Environmental Justice for All Act” would not.
Republicans are overwhelmingly opposed to environmental justice legislation. They argue that it would create burdensome regulations, slow economic growth, and drive up energy prices for consumers.E&E Daily, Oct. 2, 2020).
The Republicans on this committee did not immediately disclose who they had invited for witness service.
Schedule:The hearing will be held Tuesday, February 15, at 10 a.m. via webcast.
Witnesses:
- Nicky Sheats, director at the Center for the Urban Environment of the John S. Watson Institute for Urban Policy and Research (Kean University),
- Laura Cortez, coexecutive director at East Yard Communities for Environmental Justice.
- Amy Laura Cahn is the acting director of the Environmental Justice Clinic at Vermont Law School.
