Call for State and Federal Affirmation of Environmental Justice Protections
WHEREAS, State attorneys general are typically tasked with enforcing environmental laws and representing the public's interest; and
WHEREAS, State attorneys general have the authority to hold polluters accountable to frontline and other historically excluded communities through their role; and
WHEREAS, The Office of the Illinois Attorney General filed a lawsuit and an interim order against Sims Metal Management for emitting volatile organic material into a community in Chicago called Little Village; and
WHEREAS, New Jersey signed a historic piece of legislation directing the New Jersey Department of Environmental Protection to evaluate environmental and public health impacts at certain facilities in overburdened communities and its Office of Attorney General has filed over 45 lawsuits to stop the dumping of toxic waste, permitting issues that harmed overburdened communities, and enforcement actions against industries that left toxic chemicals behind in communities; and
WHEREAS, State attorneys general can file comment letters to help frontline communities such as when the California Office of Attorney General outlines deficiencies in proposed projects regarding environmental injustices; and
WHEREAS, 23 state attorneys general including Florida, Alabama, Georgia, Indiana, Kansas, Mississippi, Montana, North Dakota, South Carolina, Arkansas, Idaho, Iowa, Kentucky, Missouri, Nebraska, Oklahoma, South Dakota, Tennessee, Utah, West Virginia, Texas, Virginia, and Wyoming weaponized their power to petition the United States Environmental Protection Agency (EPA) to rescind the language that holds federal recipients accountable to environmental injustices based on criteria or methods of administering its program or activity which have the "effect of " subjecting individuals to the lack of protection from discrimination in Title VI environmental complaints; and
WHEREAS, The EPA has opened its first Office of Environmental Justice and External Civil Rights, made historic financial investments in environmental justice programs, and vowed to ensure more robust environmental justice protections under the Biden Administration; and
WHEREAS, Title VI bars recipients of federal funds from discriminating with those funds on the basis of race, color, national origin; and
WHEREAS, These 23 attorneys general have considered current Title VI protections at the EPA as "racial engineering" and do not want residents to have access to Title VI protections under the current framework at the EPA; and
WHEREAS, Title VI protections are a fundamental tool for uplifting community voices and ensuring that federal funds are not used to perpetuate environmental injustices in communities; and
WHEREAS, Louisiana recently asked the EPA to remove community engagement components of the Title VI process through litigation (Louisiana v. EPA); and
WHEREAS, Louisiana and the 23 states that filed for rollbacks to environmental justice protections have disproportionate air pollution, water infrastructure issues, and soil contamination in Black and other frontline communities; and
WHEREAS, In October 2023, the NAACP along with more than 60 groups and individuals asked the U.S. Department of Justice and EPA to take more decisive actions to defend and enforce Title VI; and
WHEREAS, On May 6, 2024, The Department of Justice's (DOJ) Civil Rights Division, the Department of Health and Human Services' (HHS) Office for Civil Rights, Department of Transportation's (DOT) Departmental Office of Civil Rights, Environmental Protection Agency's (EPA) Office of External Civil Rights Compliance, Department of Homeland Security's (DHS) Office for Civil Rights and Civil Liberties, and Department of Housing and Urban Development's (HUD) Office of Fair Housing and Equal Opportunity jointly reaffirmed their commitment to environmental and civil rights protections; and
WHEREAS, The NAACP reaffirms its resolutions regarding Title VI protections in 2007 and 2023.
THEREFORE, BE IT RESOLVED, the National Association for the Advancement of Colored People affirm its position that state attorneys general should build environmental protections not actively decimate them within their state.
BE IT FURTHER RESOLVED, the NAACP demands Congressional oversight into practices by states that are using federal funds to discriminate against environmental justice communities.
BE IT FURTHER RESOLVED, the NAACP demands that Congress provides a private right of action under Title VI.
BE IT FURTHER RESOLVED, the NAACP urges the EPA to fully enforce and monitor civil rights laws in environmental justice communities and defend its authority to investigate and resolve civil rights complaints.
BE IT FURTHER RESOLVED, the NAACP demands the Biden Administration to push for robust environmental justice protections in historically excluded communities and make systemic reforms to address federal deficiencies in environmental protections across the entire federal government.
BE IT FURTHER RESOLVED, the NAACP urges states to enact legislation, policies, and regulations that ensure residents have robust civil rights protections in environmental justice communities.
BE IT FINALLY RESOLVED, NAACP units will continue to advocate for comprehensive policy change to ensure better protections for environmental justice communities.