Trump Administration’s Approach to Environmental Justice

TL/DR –

The Trump administration has eliminated many federal environmental justice programs, leaving state programs with environmental justice laws and policies in place. As the federal government has become more antagonistic towards environmental justice initiatives, some states have signaled an interest in expanding their programs. However, these state programs may come under scrutiny or conflict with federal law and policy under the Trump administration.

Key Points: Environmental Justice Laws and Policies

• Federal elimination of environmental justice (EJ) programs under Trump’s administration doesn’t deter states from enforcing their EJ laws and policies.
• State EJ activities may increase in the absence of federal initiatives, with several states already showing interest in enhancing their EJ activities.
• Regulated entities need to navigate potential conflicts between federal and state EJ laws, aware that state programs could face future scrutiny under the current administration.
• Despite these uncertainties, community engagement remains crucial to mitigate project development risks and foster community relationships.

Trump Administration’s Impact on Environmental Justice

EJ, previously defined by the U.S. Environmental Protection Agency as the fair treatment of all people irrespective of race, color, nationality, or income, witnessed a significant shift under Trump’s administration. The federal EJ policy, never cemented in binding federal authority, became susceptible to political changes. The Trump administration actively opposed previous EJ initiatives, resulting in significant legislative reversals, including EO 14148, EO 14173, EO 14151, and EO 14154.

EPA responded by abolishing its Office of Environmental Justice, canceling EJ project grants, and removing the EJScreen tool from its website. The Department of Justice (DOJ) also terminated its Office of Environmental Justice and rescinded EJ policies and guidelines.

Implications for Regulated Entities

The abrupt reversal of EJ policies poses challenges for regulated entities, particularly for those in states with standalone EJ laws. Companies may encounter conflicts between state and federal EJ directives, leading to unpredictable business landscapes. Furthermore, federal funding could be withdrawn from non-compliant entities. However, companies should continue engaging with communities, mitigating project risks, and fostering beneficial relationships despite political uncertainties.

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