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Environmental Justice and Enforcement: What to Expect from the U.S. Environmental Protection Agency Under the Biden Administration

Addressing climate change and environmental injustice have been key priorities for President Biden since he took office. In the first month of his presidency, he signed multiple executive orders establishing the National Climate Taskforce, the White House Environmental Justice Interagency and Advisory Councils, and the Justice40 Initiative. Moving forward, it is apparent that under the progression of the new administration, environmental justice, and climate-focused policies will become integrated into all government activities.

This departure from the previous administration’s approach to protecting public health and the environment will likely have significant regulatory implications for chemical distributors and other businesses.

The most notable of these changes is the U.S. Environmental Protection Agency’s (EPA) focus and method for enforcing its policies. The EPA will pursue a more systematic approach to ensuring vulnerable communities are incorporated into the regulatory process. By placing an added emphasis on community science and local stakeholder input, community perspectives could soon hold more weight in the EPA’s decision-making process than traditional cost-benefit analysis. Companies should consider taking a proactive approach to reducing their impacts on the environment and fenceline communities by analyzing their business practices and making any necessary adjustments.

Historically, environmental justice enforcement has operated solely within the Environmental Justice Department of EPA. Now, the agency has incorporated environmental justice into all their departments and programs. Additionally, EPA has outlined plans to maximize their relationship with the U.S. Department of Justice (DOJ) to address environmental crimes more aggressively.

This will likely mean a rise in inspections, installation of additional air monitoring systems, more communication between EPA and DOJ, and wider community outreach. Data will be collected through these activities and then mined by the agency to determine which facilities impact disadvantaged communities the most. In addition, environmental justice efforts will likely include a focus on worker safety. 

The bottom line to all this activity is that chemical distributors should expect even greater enforcement activities from EPA, especially with an environmentally focused administration. These changes are significant for many companies, and NACD will be there every step of the way to help you understand and navigate any future regulations. We will also continue to work with the administration and our champions in Congress to advance smart policies. that enhance safety and reliability.

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