Today, Attorney General Merrick B. Galrland and EPA Administrator Michael S. Regan joined in announcing a series to ensure environmental justice for all Americans. The Justice Department launched a new Office of Environmental Justice. Attorney General Garland also announced a new comprehensive strategy for environmental justice enforcement. He also issued an Interim Final Rule, which will allow the Justice Department to resume the use of supplemental projects in the appropriate circumstances.
Attorney General Garland said that environmental crimes, pollution and climate change can occur anywhere. However, communities of color and indigenous communities are often the hardest hit. These communities have been denied the justice they deserve for far too long. The Office of Environmental Justice is the central hub of all our efforts to promote our comprehensive environmental justice enforcement strategy. We will prioritise the cases that will have the most impact on the communities most affected.
The partnership between the Justice Department and EPA to protect underserved and overburdened communities across America has never been stronger, stated EPA Administrator Regan. This environmental justice enforcement strategy is a perfect example of the Biden–Harris Administration’s commitment in holding polluters accountable to fulfill our environmental justice priority. As a tool to provide tangible public health benefits for communities that have been harmed by environmental violations, the return to Supplemental Environmental Projects is crucial.
In accordance with President Biden’s Executive Order Climate Crisis: Home and AbroadVanita Gupta, Associate Attorney General, issued a comprehensive strategy for environmental justice enforcement to guide the Justice Departments investigators and litigators. Attorneys Offices across the country are working to promote environmental justice by enforcing federal laws. The strategy was developed by the Environment and Natural Resources Division, ENRD in partnership with EPA. It will ensure that all Department departments use all legal tools available to promote environmental justice.
Today, the Justice Department also launched its first Office of Environmental Justice (OEJ), which is part of ENRD. This new office will be a vital resource as the Justice Department implements its new comprehensive enforcement policy. Cynthia Ferguson, a seasoned ENRD attorney with over ten years of experience, was appointed Acting Director by Todd Kim, Assistant Attorney General.
Today’s Justice Department Interim Final Rule will allow for the restoration of the use of supplemental environment projects in the appropriate circumstances. It is subject to guidelines and limitations as set out in a separate memorandum by the Attorney General. These projects were used by ENRD and EPA for decades to provide redress for communities directly affected by violations to federal environmental laws. These projects are powerful tools for environmental justice advancement. The Justice Departments Interim Final Rule invites comments from the public on the new guidelines and limitations. This will also help inform future changes in the Justice Departments approach.