Environmental Justice
Members of the firm's Environment and Natural Resources Practice Group have extensive experience with environmental justice (EJ) issues. We have counseled numerous companies on the impact of former President Clinton's executive order on environmental justice in connection with facility siting and permitting issues. One of our attorneys participated in development of Title VI guidance at EPA, and led that agency's work in developing a position regarding the intersection of environmental laws and the Americans with Disabilities Act.
We have found that sometimes a pro-active approach towards EJ issues can lead to significant benefits for companies. For example, we assisted a Fortune 100 corporation establish community groups around major plants. The groups participated, as appropriate, in the management of the plant and were kept informed of new developments at the plant. The group's presence, and the involvement of the company in the groups, kept the public involved and informed, resulting in greatly improved relations with the community -- and possibly saving the company millions of dollars in potential claims. This is not an appropriate route for every company but will work to the great benefit of some.
Our representations include:
- Defending a major south Florida city in a case alleging environmental injustice associated with a Superfund Site;
- Representing a State transportation planning agency in a lawsuit brought by several organizations alleging that transportation alternatives adopted in the state Regional Transportation Plan and Transportation Improvement Program created a disproportional adverse environmental impact on low-income and minority residents;
- Advising a Virginia city on environmental justice issues in connection with concerns regarding tribal archaeological artifacts and a public water supply project;
- Defending an interstate pipeline company against charges that the pipeline's safety and environmental programs created disproportionate adverse impacts on minority and low income citizens and represented the pipeline before federal agencies investigating environmental justice allegations;
- Participating in an environmental justice impact assessment for a rail line extension; and
- Representing a large metropolitan county intervening party in a lawsuit brought against the City of Atlanta for alleged National Pollutant Discharge Elimination System (NPDES) permit violations and violations of the Georgia Water Quality Control Act. As part of this work, we assisted the County Commissioners and the County residents in addressing/responding to the environmental justice implications of the lawsuit, including attending community meetings to explain environmental issues to the community and participating in settlement discussions.