By John B. King, a Partner in the Baton Rouge, LA office of Breazeale, Sachse & Wilson, L.L.P. He formerly served as Chief Attorney for Enforcement with the Louisiana Department of Environmental Quality.

Summary:
Claims of discriminatory exposure to pollutants, though technically directed at government permitting authorities, will increasingly arise for permit applicants, a reality for which many businesses must prepare.

This timely and informative publication is organized into five sections:

• The Statute (Discussing Sections 601 and 602 of Title VI and their application to state permitting authorities.)
• Executive Order 12898 and EPA’s Regulations (Describing President Clinton’s 1994 Order and EPA’s establishment of an environmental justice complaint process.)
• EPA Guidance—The 2000 Draft Revised Investigative Guidance (Explaining a document that sets forth the process EPA should use when assessing an awarded emissions permit for disparate effects instances.)
• EPA Guidance—The Toolkit (Spotlights a little-known document in which EPA details the legal arguments available to it for disparate treatment and disparate effects.)
• Considerations in Site Selection