Barragán & Padilla Introduce Empowering and Enforcing Environmental Justice Act

Press Release

Today, Congresswoman Nanette Diaz Barragán (CA-44) and Senator Alex Padilla (D-Calif.) introduced legislation to establish an Office of Environmental Justice and an Environmental Justice Section at the Department of Justice. The legislation will strengthen efforts at the Department to hold polluters in environmental justice communities accountable and support state and local environmental enforcement capacity.

The Empowering and Enforcing Environmental Justice Act builds on the recent announcement by the Department to create a new Office of Environmental Justice. The bill would make this new office permanent and authorize $50 million in grant funding to assist state and local governments with environmental enforcement efforts. The Act also creates a new Section for Environmental Justice within the Environment and Natural Resources Division to bring cases for violations of environmental laws in low-income communities and communities of color burdened by pollution.

"A whole of government approach to environmental justice must include enforcement by the Department of Justice that prioritizes the right of all communities to clean air and clean water. The Empowering and Enforcing Environmental Justice Act will strengthen work at the Department of Justice to hold polluters accountable when they violate these rights in low-income communities and communities of color," said Rep. Barragán. "We also recognize that state and local governments have a critical role to play in the enforcement of local environmental laws, but they are often severely understaffed with limited capacity for oversight and enforcement. This legislation provides resources to strengthen environmental enforcement at all levels of government. It's time to empower communities to defend themselves against polluting industries."

"Every federal agency has a responsibility to provide justice to communities who have been overburdened by exposure to toxic pollution," said Senator Padilla. "I'm committed to advancing a whole-of-government effort to advancing addressing environmental justice and guaranteeing clean air and water for all. Our legislation will ensure that environmental justice is at the forefront of the DOJ's enforcement work while also boosting capacity within state, local, and Tribal governments to improve their own environmental justice work. This bill is necessary to ensure that DOJ holds polluters accountable for environmental crimes and better works with communities on the front lines of the climate and environmental justice crises."

The Empowering and Enforcing Environmental Justice Act would establish an Office of Environmental Justice and an Environmental Justice Section at the Department of Justice.

The Main Functions of the Environmental Justice Office are:

Help the public and nonprofits participate in DOJ's environmental justice work and mission.
Coordinate across agencies on implementation of the Justice 40 Initiative.
Coordinate with state & local governments on addressing environmental justice issues.
Provide $50 million in annual grants to boost local and state agency capacity to hold polluters accountable.
Manage a Senior Advisory Council made up of different components at DOJ to advise the Natural Resource Division's Assistant Attorney General on matters of environmental justice.

The Main Functions of the Environmental Justice Section are:

Initiate legal action to enforce environmental laws that impact environmental justice & civil rights.
Ensure enforcement of Title VI of the Civil Rights Act of 1964 to investigate civil rights complaints related to environmental justice.
Coordinate with federal agencies on enforcement, advises agencies on the creation of legally enforceable permits.
Work with state & local governments on environmental litigation.

Source