Republican attorneys general, led by Florida Attorney General Ashley Moody, have called out the Biden administration’s pursuit of environmental justice as a form of “racial engineering.” They are urging the Environmental Protection Agency (EPA) to stop using civil rights laws to investigate actions and policies that disproportionately harm Black people and other minority groups, even unintentionally. The petition demands that the EPA focus on enforcing environmental laws passed by Congress rather than what they perceive as Biden’s extreme agenda.
Despite the petition, EPA Administrator Michael Regan has been vocal about addressing environmental justice issues, particularly in communities of color. The agency has utilized Title VI of the Civil Rights Act of 1964 to investigate and pressure states to make changes to policies that negatively impact marginalized communities. However, the petition from Republican attorneys general pushes back against the use of Title VI, arguing that it could lead to unconstitutional actions by requiring demographic targets for projects.
Republicans see the petition as part of a broader fight against federal policies aimed at addressing historic racial discrimination, citing a recent Supreme Court decision that eliminated affirmative action in college admissions. They believe that the courts may be supportive of their argument against race-conscious federal policies. Florida’s attorney general’s office, along with other states, has threatened to sue the EPA if they do not amend their rules, highlighting the opposition to the use of civil rights laws in addressing environmental disparities.
Title VI of the Civil Rights Act is viewed as a critical tool in the fight against discrimination, especially in the context of environmental justice. Elected officials have historically allowed polluting facilities to be located near minority communities, leading to negative health impacts, decreased property values, and economic challenges. Environmental advocates argue that it is essential to account for past harms by creating policies that protect disproportionately affected communities, as environmental justice remains a pressing issue.
Under the Biden administration, there was hope that Title VI could be utilized more effectively to address environmental disparities. However, a recent legal battle in Louisiana has raised concerns about the EPA’s ability to use Title VI to investigate and address environmental discrimination. The lawsuit by Louisiana challenging the EPA’s investigative powers related to disparate impact has resulted in a temporary halt on the agency’s actions. Environmental groups fear this could signal a rollback on the administration’s commitment to fighting environmental discrimination.
While the EPA remains committed to using Title VI to address environmental justice, they also acknowledge challenges in the legal landscape. EPA Administrator Michael Regan emphasized the need to ensure that every action taken by the agency can withstand court challenges. Despite potential setbacks, the EPA continues to explore other avenues to hold polluters accountable, such as implementing stricter emissions limits for chemical plants. The outcome of the legal battle in Louisiana and the broader implications for environmental justice efforts remain uncertain amid ongoing court battles and regulatory challenges.
