Emerging Environmental Justice Concerns For Calif. Cos. – Environment

According to the U.S. Environmental Protection Agency
Environment justice is

Importantly, environmental justice concerns do not need to be new.

Ex-President Bill Clinton was elected in February 1994.
Signed Executive Order No. 12898 on federal efforts to focus on
Environmental justice for low- and minority-income communities

According to the executive order, each Federal agency shall
Include environmental justice in your plans
mission.”¹

Despite decades of awareness about environmental justice issues,
Both the federal and state governments have struggled with identification
Take concrete steps to address persistent poverty
Unexpected impacts of environmental stressors

This time might be different. Both California as well as the Biden
Administration are focused on taking concrete, verifiable steps.
Comprehensive actions to address persistent environment problems
Climate justice and inequalities.

This article will discuss recent enforcement and regulatory efforts
Both the Biden administration as well as the state of California.
Companies who wish to understand how to do this can find additional guidance here
They may be affected by environmental justice issues.

Biden Administration Starting to Make Environmental Justice
Goals Concrete

President Joe Biden has been President since the early days his administration.
A number of executive orders and memoranda have been issued by the President, which set the standard for executive order and memo writing.
Stage for addressing environmental justice at a national level.

Executive Order No. 14008 on the tackling of the
The government issued a statement on climate crisis on January 27, 2021.
Approach to addressing climate change, environmental justice and
The Justice40 Initiative is announced, which aims at delivering 40% of the Justice40 Initiative’s goals.
The overall benefits of federal investments into climate and
Sustainable transportation for disadvantaged communities

The EPA followed suit. On April 30, 2021 the Office of
Enforcement and Compliance Assurance issued a memorandum titled
“Strengthening Enforcement within Communities with Environmental Concerns”
Justice Concerns,” calling to increase facility inspections
In overburdened areas, the implementation of remedies is essential
Increased engagement with communities that are overburdened and the potential for greater benefits
Communities about enforcement cases that may affect them.

On June 21, 2021 the OECA issued a new memorandum titled
“StrengtheningEnvironmental Justice Through Criminal
Enforcement” calling for greater outreach to crime victims
Overburdened communities need enhanced remedies, which include
Restitution is a means of redressing the harms that these victims have suffered.

The EPA then released its draft strategic planning on October 1, 2021.
Fiscal years 2022-2026 include several environmental initiatives
Justice initiatives and specific numerical targets – such as for
For example, ensuring 55% of all inspections are related to the EPA
Communities with environmental justice concerns.

On Jan. 5, the EPA published a draft earlier this year.
Plan for environmental justice called “EJ Action Plan”
Building Environmental Justice in EPA Land Protection
Cleanup Programs” focusing on strategies for strengthening
Enforcement and compliance must be integrated with environmental justice
The agency should consider the following:
Advance the Justice40 initiative of the Biden administration.

On Jan. 26, following his November “Journey to”, he died.
Justice” Tour, Michael S. Regan, EPA Administrator, announced a
Number of actions the EPA will undertake to address the concerns
Overburdened communities can include unannounced events
Inspections of facilities suspected to be noncompliant and expanding air
Monitoring tools and technologies are used to increase enforcement.
Other actions

The administrator’s announcement also outlines various aspects
The EPA plans to take both agency-wide and community-specific actions.
As part of its renewed commitment, undertake
Environmental justice issues in communities that have been
“Marginalized, underserved and overburdened by
pollution.”

California is leading the way in environmental justice
Policy

California was a great place to live, both before and after the Biden administration.
A number of important actions have been taken that have been further incorporated
Incorporating environmental policy into government activities is affirmed
California’s position as a leader on environmental justice
policy.

A review of environmental justice developments in 2021
In the first half of this year, there is a rise in state
We expect that the environmental justice policy will be implemented.
Continue to 2022

California companies should pay attention
Pay attention to these developments and plan for the future.
Environmental justice issues are at the center of attention.

California law defines environmental justice as

Further, the law defines environmental justice as including a
Healthy environment for everyone; the elimination or reduction of
Pollution burdens for communities and populations affected by the
It can have adverse effects on the environment; technical assistance is available.
Assistance to communities most affected and the provision of assistance for those who are unable to pay;
Promotion of meaningful participation in such communities
Decision-making processes for land and environmental issues.

The law requires government entities to be at least minimally compliant with the law.
Consider the recommendations of communities most affected
Pollution when making decisions about land and environmental management.

A.B. A.B. 617 was signed into law in 2017. It focuses on implementing
Policies to improve air quality and public safety in communities
People who are exposed to the air experience disproportionate burdens
pollutants.

The law directs California Air Resources Board or CARB to comply with the law.
Protect overburdened communities with local air districts It
It is necessary to implement community-level air monitoring
emission reduction plans; expedited best available retrofit control
Technology; enhanced emission reporting requirements; increased
Penalties

CARB may also direct grant funds to communities determined to need it.
These areas have the highest levels of air pollution.

A.B. CARB established the Community Air in response to A.B.
Protection Program to Reduce Exposure in the Most Affected Communities
Air pollution

Already, air monitoring and emission reduction programs are in place
It can be implemented in many communities. These efforts can be
Monitored via CARB’s CommunityHub dashboard.

Despite these programs, there are still some non-profit organizations that have raised funds.
A.B. is questioned 617’s effectiveness is questioned and its critics
implementation.

Such organizations put pressure on us and we need to keep our eyes on the prize.
Environmental justice issues at both the federal and state levels
Could lead to increased state efforts to apply, and possibly
strengthen A.B. 617.

California Attorney General’s Higher Enforcement
Related to Environmental Justice

The California Attorney General’s Office was established in 2018.
Bureau of Environmental Justice with mission of
“protect[ing]People and communities that can endure hardships
Adisproportionate amount of environmental pollution and poor public health
hazards.”

California Attorney General Rob Bonta declared April 2021
The expansion of the bureau to eleven attorneys.

The bureau focuses on addressing environmental injustices
by:

• “Ensuring compliance to the California Environmental Act
  Quality Act… and land-use planning laws”
• “Penalizing illegal air pollution and preventing it from being released to the atmosphere and
  Water from facilities located within communities already burdened
  “Plutolution is disproportionately high”
• “Eliminating or reducing lead and other toxins
  “In the environment, consumer products”
• “Remediating contaminated drinking waters”;
• “Challenging the [federal government’s]Actions that
  Reduce public health and environmental protections or repeal them
  protections.”³

Bonta recently took a number of legal action that were successful.
Demonstrate his commitment to increasing the efficiency of his office
Participation in the upholding of environmental justice goals

Bonta, for example, filed a lawsuit in San Francisco in July 2021.
Superior Court of Bernardino County against Fontana
Refusal to approve a warehouse project near a
Polluted community⁴

The lawsuit – California against the City of Fontana
– The city’s environmental review of this project was not completed.
It failed to properly consider the environmental impacts of the project.
– Impacts in violation of the CEQA The proposed project would be
Located in a low-income area that is already being exposed to
High levels of pollution are especially dangerous.

Bonta won a job in September 2021.
Decision of the Fresno County Superior Court, Comite Progreso
de Lamont v. San Joaquin Valley Unified Air Pollution Control
District. District.
To comply with state air monitoring requirements
refineries.⁵

A.B. was passed by the California Legislature in 2017. 1647
Refineries must monitor air pollution from their facilities.
facilities crossing into neighboring communities. However, December is a busy month.
2019 San Joaquin Valley air District adopted regulations
This basically exempted the refineries that were under its jurisdiction from this
requirement.

These regulations were deemed illegal by the Fresno Superior Court.
The district was ordered to adopt new regulations.

As 2021 came to an end, Bonta announced a settlement.
December is the month Huntington Park plans to bring you the
S.B. 1000, which requires local
To ensure environmental justice in land use, governments must take action
planning.⁶

Bonta claims that the city failed S.B. 1000’s
When it adopted its 2030 general plans, it had to comply with certain requirements.

S.B. To comply with S.B.
Please describe any disadvantaged communities within its jurisdiction.
Policies, goals, and strategies that promote environmental justice are meaningful and tailored.
aims to address the needs these communities; and
In coordination with the local community.

Bonta then requested that the U.S. Court of Appeals be contacted in January
Rehear Center for Community Action & for the Ninth Circuit
Environmental Justice v. Federal AviationAdministration, an
Environmental challenge to FAA’s 2019 approval
Amazon Air Regional Air hub at San Bernardino International
Airport.⁷

Former Attorney General Xavier Becerra, and local environmentalist
Justice groups filed a federal suit in 2020, shortly after the FAA was repealed.
Approved the 660,000-square-foot logistics centre at the
Former Norton Air Force Base was closed on the ground that the FAA failed.
You should consider the cumulative impact of the project.
Surrounding, overburdened communities

The Ninth Circuit panel of three members rejected the challenge
In November 2021.

Bonta filed California against McWane Inc. a month later on February 15, 2015.
– McWane operating as AB&I Foundry is being sued
Superior Court Alameda County, for allegedly unlawfully emitting
In connection with operations at a particular metal, hexavalent chromemium
East Oakland Foundry⁸

The foundry neighbors both a low-income community as well as a community of the elderly.
According to the complaint of the attorney general, color this
High levels of pollution in the area can lead to health problems.
area.

Bonta also announced $10 million in September 2021
Research grants to investigate the effects vehicle-related air polluting pollution
public health and the environment as well as to mitigate any adverse impacts
California has several environmental justice groups.

We are likely to see the attorney general’s office continue to
Where development decisions affect environmental justice, intervene
Issues in the remaining 2022.

Legislative Actions to Implement Stronger Environment Justice
California Policies

There were several bills that sought to expand environmental policy.
Last year, it was introduced.

A.B. 1296 and S.B. 342 proposed adding two
Additional members to the South Coast Air Quality Management
District, or SCAQMD, board will work with South African communities
Coast Air Basins that are disproportionately impacted by and
High levels of pollution can make it vulnerable to environmental issues and other environmental problems.
justice.

The SCAQMD is responsible to maintain the air quality in Los Angeles.
Angeles County, Riverside and San Bernardino’s urban parts
All Orange County Counties

A.B. 1296 people died in accordance with Article IV, Section 10 (c) of the
California Constitution in January, and S.B. 342 was rejected
Passage in the same calendar month.

S.B. S.B. 499 would prohibit local governments to designate land
Uses that could significantly alter the local air, soil, or water quality
Quality or adversely affect the health outcomes of disadvantaged populations
communities. This bill was returned by the secretary of the senate
pursuant to Joint Rule 56 dated February 1.

A.B. 1547, acknowledging the expansion of logistics
Industries face environmental justice and air quality issues
For communities with poor air quality, it would be necessary to
Before approving a warehouse project, local governments must approve it.
project, to:

• Do a cumulative analysis of air quality impacts of the
  project;
• You require the project applicant to sign certain agreements
  Residents or groups that were affected by the incident.
  Interest may choose to sign
• Residents affected by the project should be allowed to participate in the public process
  project.

The bill was killed pursuant to Article IV Section 10(c).
January is the California Constitution

A.B. 1001 received fair attention last spring
Because of its potential effect on environmental permitting As it
It would have required, among others,
California Environmental Protection Agency publishes
Maintain and update a list to identify overburdened communities. It would
Also, permit applications were required for existing or new permits
Facilities located or proposed for being located in areas of overburdened
Community involvement to be accompanied through an environmental justice impact
Statement that evaluated the potential environmental and public impacts
There are health risks associated with the facility.

The bill was amended and passed by the California Assembly.
January, which was first read in Senate in February.
The bill also includes many of the more prominent, attention-grabbing provisions.
They were struck.

The bill does not contain any language that would require such a permit.
Candidates must prepare an Environmental Justice Impact Statement.

The bill proposes to add only the two following provisions
The general provisions of this document are relevant to environmental justice.
Environmental quality regulation in the Public Resources Code

And

While most of these legislative efforts seem to have either
Companies should continue monitoring for any failures or loss of potency.
Legislative proposal

These legislative efforts will give insight into how
California agencies examine environmental justice issues in
Decisions regarding environmental permits.

Environmental Justice – Key Considerations for Companies
California

A renewed focus on environmental justice at state
Federal levels, it is vital that California companies develop
These are some strategies to help you navigate these issues.

First, companies need to investigate whether there are any communities
Considerations around a proposed or current facility are made
overburdened.

Companies should think about environmental justice
When selecting new sites or considering a project, it is important to conduct analyses
Expanding operations at existing facilities

A facility located in an area of environmental justice or similar should be sufficient.
Overburdened communities are likely to experience higher levels of stress.
Agency scrutiny in relation to inspections, permits and other matters
enforcement. For example, see the controversial approval of an
Elementary and middle school located near a hazardous waste landfill by the city
Cudahy was found to be illegal under the CEQA.

To help identify communities where there is adisproportionate amount of poverty
California offers a screening tool called “Cleaning” for those who are affected by pollution.
CalEnviroScreen. CalEPA’s Office of Environment and Public Policy created the tool.
Environmental Health Hazard Assessment.

The most recent version of CalEnviroScreen came out in October 2013.
Version 4.0 was released.

Version 4.0 incorporates the most recent publicly accessible data and.
CalEPA uses improved calculations for better reflectivity
Environmental conditions or vulnerability of a population
environmental pollutants. A report on the findings of this tool was
Also released in October

Companies that are concerned about environmental justice or that
CalEnviroScreen can help you choose a site for your new project.
to collect information about local communities and decide whether or not they are worthy of your attention.
Further investigation is needed.

Second, companies should look at developing stand-alone products.
Environmental justice policies or incorporating environmental
Justice policies in existing environmental, social, and governance policies
policies.

Companies that ignore environmental justice issues may be found guilty.
They are always there for the cause of problems.

Lastly, there are companies that have facilities that may be or could be
If you live in an overburdened neighborhood, you should work together to form a team.
Relations with representatives of the local community
Understand their concerns and avoid potential problems.

Businesses might consider adding fenceline air.
Monitoring programs to maintain transparency and communication with agencies and the
community.

Companies managing legacy contamination issues in the same way
Similar actions should be considered by environmental justice sites.

Industrial justice issues continue to impact industrial.
Development, operations andRemediation
California is attracting more attention from companies.
Enforcement at the federal and state levels.