Ruiz Statement on SCOTUS Decision Undermining Air Pollution Enforcement

Washington, D.C. - Today, the U.S. Supreme Court ruled against the ability of the Environmental Protection Agency (EPA) to regulate pollution in West Virginia v. Environmental Protection Agency. Congressman Raul Ruiz, M.D. (CA-36), who has been a long-time champion of environmental justice, issued the below statement:

"Today's decision by right-wing justices on the Supreme Court, halts years of progress toward cleaner air and responding to climate change. The right-wing Supreme Court decision to curb the EPA's authority to regulate carbon emissions from power plants will disproportionately harm underserved communities. It will make the air our kids breathe dirtier and increase asthma rates in our communities.

"Our planet cannot wait. Our communities cannot wait. Future generations cannot wait. I will continue to fight with urgency for communities who already bear the brunt of climate change and rising greenhouse gas emissions. Passing environmental justice legislation, such as my bill, the Environmental Justice Act, is now more critical than ever before."

BACKGROUND

This Congress, Ruiz introduced the Environmental Justice Act with Senator Cory Booker (D-NJ) to strengthen environmental protections for vulnerable communities. The legislation does the following:

Codifies and expands the 1994 Executive Order on Environmental Justice. Executive Order 12898 focused federal attention on environmental and human health impacts of federal actions on minority and low-income communities. The Environmental Justice Act of 2021 would codify this order into law, protecting it from being revoked by future Presidents. It would also expand the EO by improving the public's access to information from federal agencies charged with implementing the bill and creating more opportunities for the public to participate in the agencies' decision-making process.

Codifies the existing National Environmental Justice Advisory Council (NEJAC) and environmental justice grant programs. The bill ensures that NEJAC will continue to convene and provide critical input on environmental justice issues to federal agencies, and that several important environmental justice grant programs, including Environmental Justice Small Grants and CARE grants, will continue to be implemented under federal law. Since these grant programs and NEJAC have never been Congressionally authorized, they are susceptible to being discontinued by future Administrations.

Establishes requirements for federal agencies to address environmental justice. The bill requires agencies to implement and update annually a strategy to address negative environmental and health impacts on communities of color, indigenous communities, and low-income communities. In addition, the bill codifies CEQ (Council on Environmental Quality) guidance to assist federal agencies with their NEPA (National Environmental Policy Act) procedures so that environmental justice concerns are effectively identified and addressed. The bill also codifies existing EPA guidance to enhance EPA's consultations with Native American tribes in situations where tribal treaty rights may be affected by a proposed EPA action.

Requires consideration of cumulative impacts and persistent violations in federal or state permitting decisions under the Clean Water Act and the Clean Air Act. Currently, Clean Air Act and Clean Water Act permitting decisions do not take into account an area's cumulative pollutant levels when a permit for an individual facility is being issued or renewed. This can result in an exceedingly high concentration of polluting facilities in certain areas. The bill also requires permitting authorities to consider a facility's history of violations when deciding to issue or renew a permit.

Clarifies that communities impacted by events like the Flint water crisis may bring statutory claims for damages and common law claims in addition to requesting injunctive relief. Under current legal precedent, environmental justice communities are often prevented from bringing claims for damages. The bill would ensure that impacted communities can assert these claims.

Reinstates a private right of action for discriminatory practices under the Civil Rights Act. The bill overrules the Supreme Court decision in Alexander v. Sandoval and restores the right for individual citizens to bring actions under the Civil Rights Act against entities engaging in discriminatory practices that have a disparate impact. Currently citizens must rely upon federal agencies to bring such actions on their behalf.

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