The Biden Administration’s Commitment To Environmental Justice: What To Watch For

President Biden’s Executive Order on Tackling the Climate Crisis at Home and Abroad commits executive agencies to incorporating environmental justice concerns into their actions and directs agencies to take concrete actions to improve conditions in afflicted communities. As part of this initiative, the order calls for increased enforcement of environmental law in underserved communities. It directs the EPA Office of Enforcement and Compliance Assurance to provide data tools to affected communities, which data may be used by private citizens or environmental groups to bring citizen suits under environmental laws. The order also calls on the Attorney General to develop a comprehensive enforcement strategy to ensure timely remedies for violations with a disproportionate impact.

The order establishes the Justice 40 initiative to promote federal investments that benefit disadvantaged communities, focusing on clean energy, energy efficiency, sustainable housing, clean transit, workforce training, clean water, and reducing legacy pollution. Rather than limit investments to projects directly addressing pollution, the initiative endorses investments that bolster economic resiliency in these communities (e.g., job training). The Justice 40 initiative provides businesses in underserved communities with an opportunity to receive federal money that supports investments in their facilities or workforce to promote more sustainable and equitable outcomes.

Follow our blog for further updates on enforcement trends and other metrics regarding implementation of EPA’s environmental justice initiatives.