Republican AGs attack Biden's EPA for pursuing environmental discrimination cases

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Twenty-three Republican attorneys general are attacking the Biden administration's stated goal of pursuing environmental justice.

FILE - The Fifth Ward Elementary School and residential neighborhoods sit near the Denka Performance Elastomer Plant, back, in Reserve, La., Sept. 23, 2022. More than 20 Republican attorneys general on Tuesday, April 16, 2024, asked the EPA to stop investigating environmental policies that disproportionately harm Black people but aren't intentionally discriminatory.

“Because the EPA's regulations prohibit any action that results in racial disparities, a funding recipient must set demographic targets for their projects to maintain compliance," the attorneys general wrote. “This kind of allocation based on group membership is a constitutional nonstarter.” “I think it is a perversion of our civil rights laws to say otherwise, to say that you can't account for these past harms by creating policies that protect communities that are disproportionately harmed,” she said.

That lawsuit has so far seen success. In January, a federal judge in Louisiana put a temporary halt on the EPA's power to investigate discrimination that had a so-called “disparate impact.” A final decision in the case hasn't come yet.that the EPA's move in Louisiana amounts to a pullback on the Biden administration's commitment to fighting environmental discrimination.

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