EPA’s Office of General Counsel (OGC) released new guidance for agency lawyers and policymakers on Legal Tools to Advance Environmental Justice. The document is an updated compilation of EPA’s legal authorities to identify and address the disproportionate pollution impact on underserved and overburdened communities. The document provides new guidance on implementing environmental laws and adds a new chapter on civil rights enforcement, including the need to consider community input when investigating and resolving complaints. The guidance also expressly prohibits “discriminatory siting,” and “provides authority for EPA to address impacts on communities that are disproportionately impacted due to the siting of multiple polluting sources.”
On Jan. 11, 2023, EPA released an addendum on legal authorities to address cumulative pollution impacts to advance environmental justice.
In June 2024, EPA released an addendum on Executive Order 14096, which President Biden signed on April 21, 2023. In the addendum, the agency discusses how it will implement the directives in the order consistent with its statutory authorities.