{"id":819,"date":"2020-07-20T12:32:39","date_gmt":"2020-07-20T12:32:39","guid":{"rendered":"https:\/\/news.law.fordham.edu\/elr\/?p=819"},"modified":"2020-07-20T12:32:39","modified_gmt":"2020-07-20T12:32:39","slug":"part-ii-joe-bidens-got-a-climate-plan","status":"publish","type":"post","link":"https:\/\/fordhamlawelr.org\/?p=819","title":{"rendered":"Part II \u2013 Joe Biden\u2019s Got a Climate Plan"},"content":{"rendered":"

\"\"<\/p>\n

by Michael Albalah<\/p>\n

Here are the parts of Joe Biden\u2019s environmental justice plan that could positively affect race-based environmental injustice and rely only executive branch powers:<\/p>\n

First, he would direct executive agencies (i.e. the EPA) to pursue environmental crimes to the fullest extent of the law.<\/p>\n

Next, he would fully utilize the 1994 Executive Order 12898 (EO 12898) on\u00a0Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations<\/a> by elevating the EPA\u2019s environmental justice<\/a>\u00a0groups into the White House as the White House Environmental Justice Advisory Council and White House Environmental Justice Interagency Council<\/a>.\u00a0 They would report directly to the Chair of the White House Council on Environmental Quality who reports directly to the President. \u00a0Their mandate would be to collaborate with local environmental justice leaders to address current and historic environmental injustice and revise EO 12898. \u00a0Both the White House Environmental Justice Advisory Council and White House Environmental Justice Interagency Council would publish an annual public performance score-card on EO 12898\u2019s implementation.<\/p>\n

Additionally, he would create an Environmental and Climate Justice Division within the Department of Justice.\u00a0 This division, as proposed by Governor Inslee<\/a>, would complement the work of the Environment and Natural Resources Division. The President would instruct the Attorney General to use the division to implement to the greatest extent possible, Senator Booker\u2019s\u00a0Environmental Justice Act of 2019<\/a>, to increase enforcement, to strategically support ongoing plaintiff-driven climate litigation against polluters, and work hand-in-hand with EPA\u2019s Office of Civil Rights. \u00a0We will be covering this proposal closely.<\/p>\n

Lastly, the administration would remobilize the EPA External Civil Rights Compliance Office<\/a> to execute its requirements under Title VI of the 1964 Civil Rights Act<\/a>. In particular, it would rescind the EPA\u2019s decision in\u00a0Select Steel<\/em>\u00a0<\/em><\/a>and its\u00a0Angelita C<\/a><\/em>.<\/em> and conduct a rulemaking and open a public comment process to seek Americans\u2019 input on agency guidance for investigating Title VI Administrative complaints.<\/p>\n","protected":false},"excerpt":{"rendered":"

by Michael Albalah Here are the parts of Joe Biden\u2019s environmental justice plan that could positively affect race-based environmental injustice and rely only executive branch powers: First, he would direct executive agencies (i.e. the EPA)<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[51],"tags":[],"class_list":["post-819","post","type-post","status-publish","format-standard","hentry","category-civil-rights"],"_links":{"self":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts\/819","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=819"}],"version-history":[{"count":0,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts\/819\/revisions"}],"wp:attachment":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}