
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: February 22, 2021
Partner
201-896-7115 dmckillop@sh-law.comThe federal government is about to follow New Jersey’s lead when it comes to environmental justice. Since taking office, President Joe Biden has signaled that improving the health and environment of overburdened communities will be one of his top environmental priorities. This means increased scrutiny for entities that operate in or near environmental justice communities.
On January 27, 2021, President Biden signed an Executive Order on Tackling the Climate Crisis at Home and Abroad (Order). The Order establishes a whole-of-government approach to both climate issues and environmental justice.
The Order specifically provides that “agencies shall make achieving environmental justice part of their missions by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts.” The Order further states that it is the Administration’s policy “to secure environmental justice and spur economic opportunity for disadvantaged communities that have been historically marginalized and overburdened by pollution and underinvestment in housing, transportation, water & wastewater infrastructure, and health care.”
Below are several key provisions of the Order with regard to environmental justice:
The Biden Administration’s increased focus on environmental justice will likely lead to greater scrutiny of permit and license approvals governed by federal environmental regulations. In terms of enforcement, violations of environmental laws that occur in and around overburdened communities are likely to generate greater attention and may face harsher penalties.
For the regulated community, it can be highly beneficial to be proactive. For instance, evaluating operations located near environmental justice communities for potential compliance issues can help avoid a costly enforcement action down the road. Entities should also continue to monitor environmental justice initiatives at both the state and federal level.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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