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.

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