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LEGAL NEWSLINE

Tuesday, November 5, 2024

Coalition challenges EPA's environmental justice practices as racially discriminatory

State AG

Tennessee Attorney General Jonathan Skrmetti has joined a coalition of 23 states urging the Environmental Protection Agency (EPA) to amend its regulations under Title VI of the Civil Rights Act of 1964. The coalition argues that these regulations, which consider "disparate impacts" as part of race-conscious "environmental justice" initiatives, are unconstitutional.

“Federal agencies continue to pursue rules that treat people differently based solely on the color of their skin, in violation of the Constitution and our American ideal of equality,” stated Tennessee Attorney General Jonathan Skrmetti. He further criticized what he described as "illegal racial decision-making," claiming it diverts resources from the EPA's primary mission.

Title VI prohibits discrimination by government programs receiving federal funding based on race, color, or national origin. However, since 2021, the EPA has been incorporating racial factors into policy decisions related to environmental justice. This approach requires states to consider racial and demographic characteristics when issuing permits or allocating funds, which the coalition contends violates Title VI.

The petition asserts that current EPA regulations exceed statutory authority and must align with both the Equal Protection Clause and legislative mandates.

Attorney General Skrmetti joined this initiative alongside counterparts from Florida, Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia and Wyoming.

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