The U.S. Environmental Protection Agency's New Environmental Civil Rights Policy
By Michael D. Mattheisen
INTRODUCTION
In February 1998, the U.S. Environmental Protection Agency (the “EPA”) issued a new civil rights policy to implement environmental justice through state environmental permitting. The EPA's new Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits (the “Interim Guidance”) prescribes how the EPA's Office of Civil Rights (the “OCR”) will process, analyze, and decide complaints filed under Title VI of the Civil Rights Act of 1964 “alleging discriminatory effects resulting from the issuance of pollution control permits by state and local governmental agencies that receive EPA funding.” Title VI prohibits discrimination in federally-assisted programs. Pursuant to the Disparate Impact Rule of Law, discriminatory effects are prohibited by the EPA and other federal Title VI regulations. The Interim Guidance construes as a discriminatory effect of state environmental permitting the uneven distribution by racial demographics of facilities with state environmental permits. The Interim Guidance acknowledges: “As reflected in this Interim Guidance, Title VI environmental permitting cases may have implications for a diversity of interests, including those of the recipient, the affected community, and the permit applicant or permittee.”
This article reviews the principle features of the EPA's new Title VI environmental justice initiative, including:
(1) The Environmental Justice concept, which calls for uniform environmental and public health conditions or results by race and income;
(2) Title VI of the Civil Rights Act of 1964, which prohibits intentional discrimination based on race, color or national origin in federally-assisted programs;
(3) The Disparate Impact Rule of Law, which prohibits unintentionally causing discriminatory effects;
(4) The EPA's Title VI regulations, which include a discriminatory effects standard;
(5) The President's Executive Order on Environmental Justice, which applies the environmental justice concept to federal actions; and
(6) The EPA's new Interim Title VI Guidance, which applies Title VI and the Disparate Impact Rule of Law to state environmental permitting.
In February 1998, the U.S. Environmental Protection Agency (the “EPA”) issued a new civil rights policy to implement environmental justice through state environmental permitting. The EPA's new Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits (the “Interim Guidance”) prescribes how the EPA's Office of Civil Rights (the “OCR”) will process, analyze, and decide complaints filed under Title VI of the Civil Rights Act of 1964 “alleging discriminatory effects resulting from the issuance of pollution control permits by state and local governmental agencies that receive EPA funding.” Title VI prohibits discrimination in federally-assisted programs. Pursuant to the Disparate Impact Rule of Law, discriminatory effects are prohibited by the EPA and other federal Title VI regulations. The Interim Guidance construes as a discriminatory effect of state environmental permitting the uneven distribution by racial demographics of facilities with state environmental permits. The Interim Guidance acknowledges: “As reflected in this Interim Guidance, Title VI environmental permitting cases may have implications for a diversity of interests, including those of the recipient, the affected community, and the permit applicant or permittee.”
This article reviews the principle features of the EPA's new Title VI environmental justice initiative, including:
(1) The Environmental Justice concept, which calls for uniform environmental and public health conditions or results by race and income;
(2) Title VI of the Civil Rights Act of 1964, which prohibits intentional discrimination based on race, color or national origin in federally-assisted programs;
(3) The Disparate Impact Rule of Law, which prohibits unintentionally causing discriminatory effects;
(4) The EPA's Title VI regulations, which include a discriminatory effects standard;
(5) The President's Executive Order on Environmental Justice, which applies the environmental justice concept to federal actions; and
(6) The EPA's new Interim Title VI Guidance, which applies Title VI and the Disparate Impact Rule of Law to state environmental permitting.
