Environmental justice (EJ) policies fell out of favor when the current administration took office. However, outside the EPA, states are implementing their own EJ statutes. There is also action in the courts to keep EJ grants and policies alive. A recent O’Melveny memo gives an update on the status of environmental justice in the U.S.:
- “Federal EJ Rollbacks: The administration has rescinded major EJ executive orders, closed federal EJ offices, narrowed enforcement tools, and shifted EPA policy away from prior EJ priorities.
- State-Level Momentum: California, New York, New Jersey, Colorado, Maryland, Pennsylvania, and other states continue to advance EJ statutes, screening tools, cumulative impact reviews, and permitting requirements.
- Litigation and Grant Uncertainty: Court challenges involving EPA grant cancellations, state EJ permitting authority, and citizen suits may shape the next phase of EJ-related compliance and enforcement risk.
- Business Compliance Priorities: Companies should evaluate state-specific EJ obligations, monitor preemption disputes, and plan for a more fragmented regulatory environment.”
Even as EJ policies are on the decline, states are looking to preserve and advance historical progress on EJ issues. This may tee up litigation from the federal government as it seeks to preempt state environmental agencies.
Our members can learn more about environmental justice here.
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