Attorney General Steve Marshall has filed a petition urging the Environmental Protection Agency (EPA) to withdraw its "environmental justice" initiatives, which he claims are detrimental to states. The petition criticizes the EPA's use of "disparate impact" regulations under Title VI of the Civil Rights Act of 1964, arguing that these regulations unlawfully expand federal power and compel states to engage in racial engineering.
Marshall stated, "The hallmark of Biden’s administration has been to seize power and control people’s lives through any means possible." He emphasized that labeling such initiatives as "environmental justice" does not legitimize them. The coalition supporting this petition is committed to taking legal action against what they perceive as an overreach by the federal government.
Title VI was designed to prevent discrimination based on race, color, or national origin in federally funded programs. However, according to Marshall and his colleagues, the EPA's current application of these regulations exceeds this mandate by promoting racial considerations in environmental decision-making processes.
The petition highlights that the U.S. Supreme Court has previously expressed skepticism about the legality of these regulations, noting their tension with rules prohibiting only intentional discrimination. Additionally, some scholars have suggested that these regulations may violate the Equal Protection Clause.
In 2020, a proposal from the Trump administration aimed to revise similar Title VI regulations by removing disparate impact provisions. This proposal was rescinded by the Biden administration upon taking office.
The attorneys general argue that imposing disparate impact liability without statutory basis deviates from Title VI's original intent and forces states into unconstitutional practices. They urge the EPA to amend its Title VI regulations in alignment with both Title VI and the Equal Protection Clause.
Joining Attorney General Marshall on this petition are attorneys general from Florida, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.