The Department of Justice announced three major environmental justice actions Thursday, including the creation of a new office as well as the resurrection of an old enforcement tool that was abandoned during Trump’s presidency.
Comprehensive enforcement of environmental justice strategyAttorney General Merrick Grland announced that the order was issued in conjunction with the Justice Department’s first ever Office of Environmental Justice (OEJ).
Supplemental environmental ProjekteAn interim final rule will also allow for the return of SEPs (or SEPs). SEPs were once popular as an enforcement tool. However, President Donald Trump’s Environmental Protection Agency removed them as a way to settle industry violations through community projects.
Garland stated that the initiatives will combat environmental crime in overburdened communities who have long faced barriers to accessing justice.
He stated that OEJ, along with the Office for Access to Justice and Civil Rights Divisions, as well as the Office for Tribal Justice and Office for Civil Rights, will prioritize constructive and meaningful engagement with those communities most affected and harmed by environmental crime and injustice.
The action was praised and hailed by congressional Democrats. The DOJ has a multitude of legal enforcement tools, so it is well-positioned to help advance our shared EJ priorities. This was the joint statement of Reps. Donald McEachin, Nanette Barragn, Pramila Jayapal, Arizona, and Ral Guilva, Arizona.
Cynthia Ferguson, an associate in the department Environment and Natural Resources Division will lead the DOJs environmental justice division.
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A powerful tool
Michael Regan, EPA Administrator, praised the Justice Department’s restoration of SEPs and called them an important part agency enforcement for more that three decades.
The enforcement work EPA has worked hard to improve since President Obama’s time will be accelerated if this powerful tool is restored. [Joe]Biden stated at the news conference that he took office.
SEPs are projects that have a positive impact on the environment and can be offered by companies as part of a settlement.
SEPs are generally supported by the government, industry, and non-profit attorneys as a method to directly benefit areas affected from environmental violations and speed up settlement negotiation. SEPs have been supported by many environmentalists, who claim they make local communities more sustainable.
The Trump administration issued a 2020 memo that limited the use of SEPs. ENRD retracted it shortly after Biden became president.
According to the EPA’s Office of Inspector General, the number of supplemental projects fell by 48% between fiscal 2007 and fiscal 2018, even before Trump’s guidance.
Many in the business community were unhappy with the reduction. They wanted the projects to lower their fines and allow them to do projects that improve their public image.