WEBVTT NOTE Created by CaptionSync from Automatic Sync Technologies www.automaticsync.com 00:00:00.036 --> 00:00:04.436 align:middle >> [inaudible] welcome here in a moment. 00:00:14.566 --> 00:00:14.676 align:middle Okay. 00:00:14.916 --> 00:00:17.576 align:middle >> We're just doing a sound test. 00:00:17.636 --> 00:00:18.516 align:middle Can you all hear us? 00:00:18.806 --> 00:00:21.226 align:middle >> Hi, you're in the conference room? 00:00:21.226 --> 00:00:22.816 align:middle Yes, we can hear you. 00:00:22.816 --> 00:00:24.356 align:middle >> Fantastic. 00:00:24.756 --> 00:00:25.176 align:middle >> Woo-hoo! 00:00:25.176 --> 00:00:25.396 align:middle Welcome. 00:00:25.526 --> 00:00:27.086 align:middle >> Well done. 00:00:27.086 --> 00:00:27.636 align:middle Well done. 00:00:27.636 --> 00:00:36.366 align:middle >> Welcome back to the office. 00:00:36.366 --> 00:00:39.216 align:middle For those of you who are already joining us, 00:00:39.216 --> 00:00:43.896 align:middle we're allowing the rest of our participants to join in. 00:00:44.196 --> 00:00:52.266 align:middle While you're doing that, adjust your screen for optimal viewing. 00:00:52.266 --> 00:00:53.546 align:middle What I recommend -- 00:01:02.266 --> 00:01:05.446 align:middle -- is going to the top right of your screen 00:01:05.446 --> 00:01:07.516 align:middle where you have the little three dots, a box speaking. 00:01:07.516 --> 00:01:10.856 align:middle You'll be concentrated on that person, 00:01:10.856 --> 00:01:14.546 align:middle we do ask that you keep your mic and your camera off. 00:01:15.036 --> 00:01:22.856 align:middle And this will have live transcription, 00:01:22.856 --> 00:01:25.376 align:middle and it is being recorded. 00:01:25.376 --> 00:01:28.366 align:middle And we'll get started in just a minute here. 00:02:05.316 --> 00:02:10.316 align:middle >> Do you want me to share the opening slide? 00:02:10.316 --> 00:02:11.096 align:middle [inaudible] Until Cynthia -- 00:02:11.096 --> 00:02:12.406 align:middle >> Yeah, that would be great, Gwen. 00:02:12.646 --> 00:02:12.976 align:middle Thank you. 00:02:12.976 --> 00:02:14.126 align:middle >> Yes, thank you. 00:02:14.126 --> 00:02:15.786 align:middle >> So it is 2:03. 00:02:15.786 --> 00:02:16.666 align:middle We're going to get started 00:02:16.666 --> 00:02:20.166 align:middle and we'll let folks continue to join. 00:02:20.166 --> 00:02:22.716 align:middle I want to welcome everybody. 00:02:22.996 --> 00:02:25.716 align:middle This is the Department of Justice, Environment 00:02:25.996 --> 00:02:28.826 align:middle and Natural Resources Division, 00:02:28.826 --> 00:02:32.416 align:middle and we have folks joining us not only within in ENRD 00:02:32.416 --> 00:02:37.036 align:middle and throughout the department, but our federal family partners, 00:02:37.216 --> 00:02:42.196 align:middle and state and local and tribal partners as well, 00:02:42.196 --> 00:02:44.446 align:middle so we're thrilled to have you here. 00:02:44.446 --> 00:02:49.416 align:middle This session is our EJ, Environmental Justice Overview, 00:02:49.416 --> 00:02:51.896 align:middle The History of the Environmental Justice Movement, 00:02:51.896 --> 00:02:54.636 align:middle the Legal Landscape and DOJ's Role 00:02:54.636 --> 00:02:57.506 align:middle in Addressing Current Challenges. 00:02:57.816 --> 00:03:02.506 align:middle This session kicks off a multipart webinar series 00:03:02.506 --> 00:03:05.166 align:middle on environmental justice and climate change. 00:03:05.586 --> 00:03:08.116 align:middle We have a another session on climate change the science 00:03:08.336 --> 00:03:10.696 align:middle and legal foundations on May 5th, 00:03:10.856 --> 00:03:16.066 align:middle a tribal legal landscape overview on May 10th, 00:03:16.066 --> 00:03:21.796 align:middle and a larger series of webinars May 17th to the 19th. 00:03:23.166 --> 00:03:27.346 align:middle You're welcome to contact your colleagues in ENRD 00:03:27.346 --> 00:03:32.646 align:middle for more information [inaudible] outside of ENRD. 00:03:32.646 --> 00:03:37.946 align:middle Today, we have three outstanding speakers today. 00:03:37.946 --> 00:03:42.316 align:middle I'm going to introduce just briefly 00:03:42.316 --> 00:03:46.746 align:middle but we'll get fuller bios later in the in the series but we have 00:03:46.746 --> 00:03:50.056 align:middle with us Cynthia Ferguson, who is ENRD senior litigation counsel 00:03:50.056 --> 00:03:54.276 align:middle for environmental justice, Robin Morris Collin, 00:03:54.636 --> 00:03:57.126 align:middle the senior adviser to the administrator 00:03:57.126 --> 00:03:59.416 align:middle for the Environmental Protection Agency. 00:03:59.416 --> 00:04:01.346 align:middle She's the senior advisor 00:04:01.346 --> 00:04:03.266 align:middle for environmental justice, I should say. 00:04:03.266 --> 00:04:04.916 align:middle And Gwendolyn Keyes Fleming. 00:04:04.916 --> 00:04:11.136 align:middle She's a partner at DLA Piper and advises the industrial sector 00:04:11.136 --> 00:04:13.606 align:middle on environmental justice issues. 00:04:13.706 --> 00:04:18.536 align:middle This session is going to go till 3:30. 00:04:18.616 --> 00:04:24.176 align:middle We're going to take questions in the last 15 minutes or so. 00:04:24.336 --> 00:04:26.746 align:middle You're welcome to put those questions in the chat. 00:04:27.126 --> 00:04:30.826 align:middle I'll be monitoring that and letting Cynthia and Robin 00:04:30.826 --> 00:04:36.306 align:middle and Gwen know about your questions, 00:04:36.476 --> 00:04:40.926 align:middle and of course we look forward to their presentation. 00:04:40.926 --> 00:04:46.886 align:middle Welcome again, and Cynthia, I'll turn it over to you. 00:04:48.226 --> 00:04:51.116 align:middle >> Great. Thank you so much, Jennifer, and thrilled 00:04:51.116 --> 00:04:53.826 align:middle that everyone could join us today for this session. 00:04:53.826 --> 00:04:57.216 align:middle I think you are in for a wonderful treat. 00:04:57.216 --> 00:05:01.176 align:middle As Jennifer said, we've got two extraordinary here guests here 00:05:01.176 --> 00:05:04.236 align:middle with us today, so before I introduce Robin 00:05:04.236 --> 00:05:10.036 align:middle and Gwen more formally, I wanted to take a few minutes 00:05:10.096 --> 00:05:12.896 align:middle to begin this session by talking about something 00:05:12.896 --> 00:05:16.246 align:middle that I think I consider to be sort of foundational, 00:05:16.246 --> 00:05:20.786 align:middle and that's the intersection of environmental justice 00:05:20.786 --> 00:05:24.176 align:middle and DOJ's mission, so my goal, again, is to be very brief 00:05:24.176 --> 00:05:27.166 align:middle in setting the stage for this webinar session, 00:05:27.166 --> 00:05:33.736 align:middle and I hope that it resonates not just with DOJ, 00:05:34.046 --> 00:05:37.356 align:middle but also with our, as Jennifer said, our state, local, 00:05:37.356 --> 00:05:40.196 align:middle and tribal partners who have joined us today 00:05:40.196 --> 00:05:43.866 align:middle or who may be watching the replay. 00:05:43.866 --> 00:05:45.586 align:middle So as you can see from the slide, 00:05:45.626 --> 00:05:51.476 align:middle there are five general elements to DOJ's mission statement, 00:05:51.526 --> 00:05:55.666 align:middle broken down in the bullet points, and I usually think 00:05:55.666 --> 00:05:58.696 align:middle of the mission in context of environmental justice. 00:05:58.696 --> 00:06:02.826 align:middle If you take a holistic view of communities that are living 00:06:02.826 --> 00:06:07.266 align:middle with environmental injustices, we might find any number 00:06:07.346 --> 00:06:11.566 align:middle of these DOJ mission elements that are relevant 00:06:11.566 --> 00:06:14.426 align:middle or that intersect with the concept 00:06:14.426 --> 00:06:16.736 align:middle of environmental justice, but as you can see, 00:06:16.806 --> 00:06:19.866 align:middle I highlighted just a few key words of the mission. 00:06:19.866 --> 00:06:21.786 align:middle First, enforce the law. 00:06:22.286 --> 00:06:25.156 align:middle Then ensure public safety. 00:06:25.156 --> 00:06:28.416 align:middle But I really wanted to focus a little bit more 00:06:28.416 --> 00:06:32.996 align:middle on the last bullet point, which is ensure fair 00:06:32.996 --> 00:06:37.866 align:middle and impartial administration of justice for all Americans. 00:06:38.176 --> 00:06:43.806 align:middle I think to truly achieve this mission statement, 00:06:43.806 --> 00:06:47.596 align:middle we have to include the pursuit of environmental justice 00:06:47.596 --> 00:06:52.406 align:middle in what we do, and many of you probably remember, 00:06:52.626 --> 00:06:57.246 align:middle those from ENRD, the Environment Natural Resources Division, 00:06:57.246 --> 00:07:01.216 align:middle remember several years ago when Vernice Miller-Travis, 00:07:01.216 --> 00:07:03.946 align:middle really well-respected EJ advocate, came and she spoke 00:07:04.026 --> 00:07:08.586 align:middle with us at one of our training sessions, and she talked 00:07:08.586 --> 00:07:11.816 align:middle about the role of DOJ attorneys in issues 00:07:11.816 --> 00:07:13.786 align:middle of societal injustices. 00:07:13.786 --> 00:07:18.106 align:middle She focused on the civil rights movement as being one 00:07:18.106 --> 00:07:22.116 align:middle of the first and most prolific occurrences 00:07:22.176 --> 00:07:26.926 align:middle where she saw DOJ attorneys travel around the country 00:07:26.926 --> 00:07:30.016 align:middle in order to protect people who were in danger, 00:07:30.016 --> 00:07:34.446 align:middle and she mentioned, individuals like Nicholas Katzenbach, 00:07:34.446 --> 00:07:36.426 align:middle as a leading historical example 00:07:36.426 --> 00:07:42.316 align:middle of how devoted DOJ attorneys put themselves on the line to fight 00:07:42.316 --> 00:07:45.206 align:middle for the rights of marginalized people, 00:07:45.826 --> 00:07:47.726 align:middle and she also shared something -- 00:07:47.786 --> 00:07:51.846 align:middle well, many things that she shared, were just very profound. 00:07:51.846 --> 00:07:54.336 align:middle She said that for those who come 00:07:54.336 --> 00:07:56.666 align:middle out of the civil rights movement, as she did, 00:07:56.976 --> 00:08:01.636 align:middle they think about the attorneys in DOJ is being the people 00:08:01.636 --> 00:08:05.606 align:middle who would put themselves in harm's way and in 00:08:05.606 --> 00:08:09.216 align:middle between communities and those who would do them harm, 00:08:09.216 --> 00:08:14.506 align:middle and so as she spoke to us in that room years ago, she was -- 00:08:14.506 --> 00:08:16.116 align:middle she knew she was addressing attorneys 00:08:16.116 --> 00:08:18.546 align:middle from the environment division of DOJ, 00:08:18.546 --> 00:08:22.116 align:middle and not the Civil Rights Division, and that those 00:08:22.116 --> 00:08:24.466 align:middle in the room were certainly not 00:08:24.466 --> 00:08:26.186 align:middle around during what she considered 00:08:26.186 --> 00:08:29.966 align:middle to be the pivotal period in the racial justice, history 00:08:29.966 --> 00:08:34.666 align:middle and constitutional history of our country, but she said, 00:08:34.666 --> 00:08:37.276 align:middle nevertheless, that's how communities feel 00:08:37.276 --> 00:08:39.576 align:middle about the Department of Justice. 00:08:39.576 --> 00:08:41.716 align:middle And we know they don't see DOJ 00:08:41.916 --> 00:08:44.976 align:middle as separate divisions or components. 00:08:45.026 --> 00:08:50.796 align:middle It's we are all one DOJ, and she really, I think, 00:08:51.176 --> 00:08:54.326 align:middle expressed this sentiment so powerfully. 00:08:54.326 --> 00:08:55.786 align:middle She said it's not a building. 00:08:55.786 --> 00:08:59.236 align:middle It's not an aggregation of concrete. 00:08:59.356 --> 00:09:02.676 align:middle It's a group of people who have fought the good fight 00:09:03.006 --> 00:09:08.286 align:middle with the tools at their disposal, and we, you, 00:09:08.466 --> 00:09:11.256 align:middle have fought the good fight to protect those 00:09:11.256 --> 00:09:16.166 align:middle who have been vulnerable, so vulnerable, overburdened, 00:09:16.306 --> 00:09:20.546 align:middle underserved communities of color, low-income communities 00:09:20.546 --> 00:09:22.136 align:middle and tribal communities, 00:09:22.136 --> 00:09:26.456 align:middle living with environmental injustices are looking to us 00:09:26.596 --> 00:09:32.596 align:middle to fulfill our mission, and so as I transition 00:09:32.596 --> 00:09:37.036 align:middle to introduce our speakers more formally, 00:09:37.036 --> 00:09:40.116 align:middle I just want to leave you with this one last thought 00:09:40.116 --> 00:09:43.606 align:middle and that is, as I think about environmental justice, 00:09:43.606 --> 00:09:46.346 align:middle environmental justice, it's not an initiative. 00:09:46.676 --> 00:09:50.686 align:middle It is a call to action that does not stop 00:09:50.686 --> 00:09:52.886 align:middle until the mission is accomplished. 00:09:53.056 --> 00:09:59.346 align:middle So with that, I'm going to introduce -- 00:09:59.416 --> 00:10:05.136 align:middle I'll read the bios for Professor Collins and Gwen 00:10:05.136 --> 00:10:10.426 align:middle and then I will turn the mic over to Sir Robin, 00:10:10.646 --> 00:10:15.846 align:middle so as Jennifer said, Professor Robin Morris Collins is Senior 00:10:15.846 --> 00:10:17.676 align:middle Advisor for environmental justice 00:10:17.676 --> 00:10:20.526 align:middle in EPA's office of the administrator. 00:10:20.526 --> 00:10:24.496 align:middle She advises EPA Administrator Regan as the agency works 00:10:24.496 --> 00:10:28.546 align:middle to advance environmental justice and civil rights in communities 00:10:28.546 --> 00:10:30.046 align:middle that continue to suffer 00:10:30.046 --> 00:10:33.096 align:middle from disproportionately high pollution levels, 00:10:33.096 --> 00:10:36.406 align:middle including low-income communities and communities of color. 00:10:36.406 --> 00:10:40.286 align:middle Previously, the Norma Paulus Professor of Law 00:10:40.286 --> 00:10:43.216 align:middle at Willamette University College of Law, 00:10:43.496 --> 00:10:45.676 align:middle Robin joined EPA just earlier this year. 00:10:45.836 --> 00:10:48.506 align:middle She was the first US law professor 00:10:48.506 --> 00:10:53.216 align:middle to teach sustainability courses in a US law school and served 00:10:53.216 --> 00:10:54.386 align:middle as the founding chair 00:10:54.386 --> 00:10:59.296 align:middle of the legislatively created Oregon Environmental Justice 00:10:59.296 --> 00:11:03.466 align:middle Task Force, which has done some really fabulous, fabulous work. 00:11:03.576 --> 00:11:06.296 align:middle Then, our other esteemed guest, 00:11:06.406 --> 00:11:10.646 align:middle Gwen Keyes Fleming was a partner at DLA Piper. 00:11:10.646 --> 00:11:14.946 align:middle She advises a wide variety of business, institutional 00:11:14.946 --> 00:11:18.196 align:middle and organizational clients on all aspects 00:11:18.196 --> 00:11:21.266 align:middle of environmental policy, government relations, 00:11:21.336 --> 00:11:25.196 align:middle enforcement, defense litigation, special investigations 00:11:25.196 --> 00:11:28.386 align:middle for private and municipal clients. 00:11:28.386 --> 00:11:32.976 align:middle Gwen spent more than 20 years in the public sector, serving both 00:11:32.976 --> 00:11:35.536 align:middle as elected and appointed officials at the state 00:11:35.536 --> 00:11:38.306 align:middle and local levels, as well as in various branches 00:11:38.306 --> 00:11:39.526 align:middle of the federal government. 00:11:39.566 --> 00:11:44.396 align:middle She's served as a principal legal advisor for immigration 00:11:44.396 --> 00:11:48.436 align:middle and customs enforcement at Department of Homeland Security, 00:11:48.436 --> 00:11:50.066 align:middle and also as the Chief of Staff 00:11:50.066 --> 00:11:53.146 align:middle to the Environmental Protection Agency during the 00:11:53.146 --> 00:11:54.456 align:middle Obama administration. 00:11:54.636 --> 00:11:57.076 align:middle Gwen was also -- also served 00:11:57.076 --> 00:11:59.736 align:middle as EPA Region 4 Regional Administrator, 00:11:59.736 --> 00:12:02.096 align:middle where she was responsible for establishing 00:12:02.096 --> 00:12:05.546 align:middle and implementing environmental policy, including the principles 00:12:05.546 --> 00:12:08.876 align:middle of environmental justice for eight southeastern states, 00:12:08.876 --> 00:12:12.136 align:middle including six federally recognized tribes. 00:12:12.436 --> 00:12:16.196 align:middle And Gwen is also currently working with a former colleague 00:12:16.196 --> 00:12:18.316 align:middle of ours, Quentin Pair on the ABA's -- 00:12:18.316 --> 00:12:20.656 align:middle I think is the environmental justice committee, 00:12:20.656 --> 00:12:25.186 align:middle but I'll let Gwen tell you more about that, when she presents, 00:12:25.186 --> 00:12:29.536 align:middle but with that, welcome, Robin and Gwen, 00:12:29.616 --> 00:12:32.656 align:middle and I will pass the mic over to Robin. 00:12:34.116 --> 00:12:36.456 align:middle >> Thank you so much, Cynthia. 00:12:36.876 --> 00:12:41.146 align:middle And welcome to all of the attendees today. 00:12:41.146 --> 00:12:45.756 align:middle It is an honor to be here and to be presenting 00:12:45.756 --> 00:12:47.756 align:middle on this particular topic to you. 00:12:48.016 --> 00:12:49.836 align:middle Especially want to thank Cynthia 00:12:49.836 --> 00:12:53.416 align:middle because she was the very first person outside of EPA to reach 00:12:53.416 --> 00:12:57.246 align:middle out to me, and I'm really pretty young and EPA years. 00:12:57.246 --> 00:13:01.696 align:middle I've only been here in DC and at EPA for two months. 00:13:01.896 --> 00:13:06.496 align:middle So with that, I want to begin a talk 00:13:06.496 --> 00:13:11.386 align:middle that really builds upon my previous academic career. 00:13:11.386 --> 00:13:13.966 align:middle I did include in the materials a chapter 00:13:14.036 --> 00:13:17.886 align:middle which is largely a history of environmental justice, 00:13:17.886 --> 00:13:23.516 align:middle and I'll turn to the history first, and noting at the outset 00:13:23.516 --> 00:13:24.276 align:middle that the history 00:13:24.276 --> 00:13:27.106 align:middle of environmental justice is a history of a movement. 00:13:27.556 --> 00:13:29.466 align:middle It's not a history of a statute. 00:13:29.466 --> 00:13:31.826 align:middle It's not like other legal history. 00:13:31.826 --> 00:13:35.086 align:middle It is really the history of a movement 00:13:35.086 --> 00:13:38.916 align:middle that is being written into law as we speak. 00:13:39.396 --> 00:13:44.436 align:middle So to begin in the United States, environmental justice, 00:13:44.436 --> 00:13:45.766 align:middle environmental racism, 00:13:45.766 --> 00:13:48.676 align:middle environmental equity are all terms that have been used 00:13:48.676 --> 00:13:52.856 align:middle to describe a social movement uniting low-income 00:13:52.856 --> 00:13:59.966 align:middle African-American, Native American, Asian/Pacific Islander 00:13:59.966 --> 00:14:01.896 align:middle and Latino communities. 00:14:01.896 --> 00:14:05.576 align:middle We'll call these environmental justice communities, 00:14:06.236 --> 00:14:08.916 align:middle and they are united in challenging the distribution 00:14:08.916 --> 00:14:12.996 align:middle of environmental burdens and benefits based upon race. 00:14:13.436 --> 00:14:17.146 align:middle Race is an iconic social structure, 00:14:17.446 --> 00:14:21.256 align:middle a construct deeply embedded in US history 00:14:21.256 --> 00:14:22.956 align:middle and in contemporary law. 00:14:23.436 --> 00:14:27.516 align:middle It's also embedded in our politics and our institutions, 00:14:27.516 --> 00:14:31.336 align:middle and even though race has no immutable genetic foundation, 00:14:31.336 --> 00:14:34.896 align:middle at least according to the Human Genome Project, 00:14:34.896 --> 00:14:38.836 align:middle US law and policies have made fundamental distinctions 00:14:39.136 --> 00:14:41.436 align:middle on the basis of race. 00:14:41.866 --> 00:14:45.216 align:middle Current social inequities in income, health, housing, 00:14:45.216 --> 00:14:48.606 align:middle transportation, and access to clean water 00:14:48.606 --> 00:14:53.376 align:middle and healthy food have their origin in deliberate political, 00:14:53.376 --> 00:14:57.826 align:middle economic and social decision making that treated both nature 00:14:58.026 --> 00:15:02.606 align:middle and environmental justice communities as sacrifice zones, 00:15:03.606 --> 00:15:06.526 align:middle and these approaches to vulnerable communities 00:15:06.526 --> 00:15:09.986 align:middle and to nature have destabilized our environment 00:15:09.986 --> 00:15:14.016 align:middle and our communities, and the most pernicious legacy 00:15:14.016 --> 00:15:17.466 align:middle of this history remains in our land, air, 00:15:17.766 --> 00:15:21.106 align:middle water and in the bodies of people 00:15:21.106 --> 00:15:24.366 align:middle who are most closely connected to the earth, 00:15:24.366 --> 00:15:28.896 align:middle including inherited genetic consequences of trauma 00:15:28.896 --> 00:15:31.066 align:middle to the land, and the cultures 00:15:31.066 --> 00:15:39.076 align:middle of environmental justice communities. 00:15:39.076 --> 00:15:43.856 align:middle For many years, most of its history in fact, 00:15:44.276 --> 00:15:45.676 align:middle racial segregation 00:15:45.676 --> 00:15:50.946 align:middle and race-based discrimination was US law at the local, 00:15:50.946 --> 00:15:55.596 align:middle state and federal levels and it affected private, financial, 00:15:55.596 --> 00:15:59.686 align:middle insurance, and real estate practices, and over time, 00:15:59.686 --> 00:16:02.196 align:middle those practices became customary 00:16:02.196 --> 00:16:06.236 align:middle and shaped the landscape of our communities. 00:16:06.666 --> 00:16:07.936 align:middle If you haven't read it, 00:16:07.936 --> 00:16:10.416 align:middle I recommend the book The Color of Law. 00:16:11.306 --> 00:16:15.996 align:middle In it, Richard Rothstein documents how American cities 00:16:15.996 --> 00:16:19.306 align:middle using the power of municipalities over housing, 00:16:19.306 --> 00:16:23.176 align:middle intentionally segregated American cities beginning 00:16:23.176 --> 00:16:26.956 align:middle in the 1920s, shaping the conduct of banks, 00:16:26.956 --> 00:16:31.206 align:middle insurance through redlining, and real estate agencies. 00:16:31.206 --> 00:16:35.156 align:middle Public zoning and public services placed the path 00:16:35.406 --> 00:16:37.726 align:middle of waste and pollution deliberately, 00:16:38.126 --> 00:16:42.726 align:middle into EJ communities already isolated by law and policy. 00:16:43.216 --> 00:16:45.996 align:middle Industrial and business decisions followed those 00:16:45.996 --> 00:16:49.706 align:middle footprints of the governmental agencies 00:16:49.706 --> 00:16:53.266 align:middle and policies situating streams of pollution and waste 00:16:53.266 --> 00:16:56.066 align:middle where environmental justice communities live, 00:16:56.066 --> 00:16:57.386 align:middle work, play and learn. 00:16:57.676 --> 00:17:00.986 align:middle Business decisions about benefits and burdens 00:17:00.986 --> 00:17:04.366 align:middle of development discounted the value of lives 00:17:04.546 --> 00:17:06.926 align:middle in environmental justice communities, 00:17:07.326 --> 00:17:10.496 align:middle depositing the waste and toxins of development 00:17:10.496 --> 00:17:14.376 align:middle into these enclaves and into the bodies of the people 00:17:14.376 --> 00:17:20.056 align:middle who live there, and in this way, racism transformed landscapes, 00:17:20.056 --> 00:17:24.406 align:middle polluted air, and water and all living forms. 00:17:24.406 --> 00:17:28.526 align:middle Racism shaped the places where we live, work and play. 00:17:28.886 --> 00:17:33.886 align:middle This pattern of governmental and business decision making 00:17:33.886 --> 00:17:37.806 align:middle that burdened environmental justice communities continues 00:17:37.806 --> 00:17:43.206 align:middle into the present, and indigenous people have also played a unique 00:17:43.206 --> 00:17:46.146 align:middle role in the environmental justice movement. 00:17:46.146 --> 00:17:49.946 align:middle Genocide of indigenous people and relocation far 00:17:49.946 --> 00:17:54.306 align:middle from ancestral land was part of us territorialism. 00:17:54.406 --> 00:17:58.726 align:middle Tribes resisted that expansion and continued 00:17:58.726 --> 00:18:00.796 align:middle to fiercely protect their sovereignty, 00:18:00.796 --> 00:18:02.126 align:middle their lands, and their culture. 00:18:02.126 --> 00:18:05.486 align:middle Indigenous communities have also felt pressure 00:18:05.486 --> 00:18:10.106 align:middle to continuously accept hazardous waste. 00:18:10.106 --> 00:18:13.756 align:middle For example, you can consider Yucca Mountain in Nevada, 00:18:14.356 --> 00:18:17.086 align:middle which was named as a potential site 00:18:17.136 --> 00:18:19.556 align:middle for long-term nuclear waste. 00:18:20.026 --> 00:18:25.216 align:middle These kinds of waste disposal decisions place pressure 00:18:25.346 --> 00:18:28.076 align:middle on environmental justice communities in the US 00:18:28.076 --> 00:18:33.986 align:middle and globally to accept waste, and with it, the exposures 00:18:33.986 --> 00:18:35.466 align:middle that come to the community. 00:18:36.356 --> 00:18:41.056 align:middle Native American lands have also been the site of illegal dumping 00:18:41.056 --> 00:18:43.446 align:middle from outside sources, a practice 00:18:43.446 --> 00:18:47.526 align:middle that is sometimes colloquially known as midnight dumping. 00:18:47.836 --> 00:18:51.916 align:middle The relationship of indigenous people to their environment, 00:18:52.176 --> 00:18:55.166 align:middle their understanding of local knowledge 00:18:55.166 --> 00:18:57.696 align:middle and their human rights are all violated 00:18:57.696 --> 00:19:01.936 align:middle when the US environmental laws fail to address this dumping. 00:19:03.406 --> 00:19:06.306 align:middle Many of the early environmental justice protests began 00:19:06.306 --> 00:19:10.456 align:middle as protests over waste siting, transfer, treatment and storage, 00:19:10.456 --> 00:19:12.416 align:middle and these issues persist, 00:19:12.416 --> 00:19:14.636 align:middle in many environmental justice communities 00:19:14.636 --> 00:19:15.896 align:middle in the US and globally. 00:19:15.896 --> 00:19:22.186 align:middle Extreme weather events will increase with climate change, 00:19:22.676 --> 00:19:27.056 align:middle and as they do, they spread hazards that were once confined 00:19:27.136 --> 00:19:29.316 align:middle to environmental justice communities 00:19:29.376 --> 00:19:33.666 align:middle to the general population with disastrous consequences for all 00:19:33.666 --> 00:19:39.106 align:middle as hurricanes, floods, droughts and landslides, 00:19:39.106 --> 00:19:44.416 align:middle fires all increase in intensity and frequency exposure 00:19:44.416 --> 00:19:49.196 align:middle to these wastes released by these disasters, spread hazards 00:19:49.196 --> 00:19:52.506 align:middle to people, all people and the environment. 00:19:53.806 --> 00:19:58.916 align:middle So the origins of the US environmental justice movement 00:19:59.516 --> 00:20:05.326 align:middle begin as protests based upon racial distinctions 00:20:05.326 --> 00:20:05.966 align:middle in our public policy. 00:20:06.446 --> 00:20:13.736 align:middle As the US began formulating an environmental policy, 00:20:14.476 --> 00:20:17.806 align:middle on a separate track and a later time, by the way, 00:20:17.806 --> 00:20:19.936 align:middle than the civil rights movement. 00:20:19.936 --> 00:20:23.926 align:middle The US EPA was formed, for example, in 1970, 00:20:23.926 --> 00:20:26.396 align:middle and it became the lead governmental agency 00:20:26.396 --> 00:20:32.426 align:middle on the environment, and the EPA was unprepared to engage cities 00:20:32.426 --> 00:20:35.256 align:middle or address racial discrimination even though both 00:20:35.256 --> 00:20:37.556 align:middle of them were obviously embedded 00:20:37.556 --> 00:20:39.896 align:middle in the fabric of the environment. 00:20:40.356 --> 00:20:44.686 align:middle Despite overwhelming evidence 00:20:44.686 --> 00:20:48.336 align:middle of a racially disproportionate exposure 00:20:48.336 --> 00:20:50.016 align:middle to environmental hazards, 00:20:50.016 --> 00:20:52.206 align:middle the mainstream environmental movement 00:20:52.206 --> 00:20:55.306 align:middle in the US remained predominantly white, 00:20:55.626 --> 00:20:58.376 align:middle middle to upper middle class and did not embrace 00:20:58.376 --> 00:21:01.046 align:middle or support the growing environmental justice movement. 00:21:01.046 --> 00:21:08.206 align:middle In 1990, several environmental justice organizations sent a 00:21:08.206 --> 00:21:09.846 align:middle scathing letter to the, quote, 00:21:09.846 --> 00:21:13.586 align:middle group of 10 national environmental organizations, 00:21:13.586 --> 00:21:17.716 align:middle the big greens, criticizing their monocultural perspective 00:21:17.716 --> 00:21:21.376 align:middle on environmentalism, their lack of racial and ethnic diversity 00:21:21.376 --> 00:21:25.676 align:middle in their membership, staffs, and boards of directors 00:21:25.676 --> 00:21:28.286 align:middle and their blindness to the plight of people 00:21:28.286 --> 00:21:31.816 align:middle of color struggling against environmental racism. 00:21:31.816 --> 00:21:35.986 align:middle Similarly, the civil rights movement didn't address issues 00:21:35.986 --> 00:21:40.106 align:middle of environmental -- urban environmentalism, 00:21:40.486 --> 00:21:42.816 align:middle even though these issues had been raised 00:21:42.816 --> 00:21:45.506 align:middle in the early formative years. 00:21:45.506 --> 00:21:47.856 align:middle The rise of community right to know law, 00:21:48.116 --> 00:21:52.366 align:middle Toxics Release Inventory dramatically increased community 00:21:52.366 --> 00:21:55.066 align:middle awareness of the unequal distribution 00:21:55.066 --> 00:21:58.386 align:middle of environmental harm and their public health risks, 00:21:58.386 --> 00:22:00.366 align:middle but these new environmental laws 00:22:00.366 --> 00:22:04.416 align:middle and policies did not protect environmental justice 00:22:04.486 --> 00:22:09.866 align:middle communities even [inaudible] this became known. 00:22:09.866 --> 00:22:12.416 align:middle EJ found no friend in the courts. 00:22:12.576 --> 00:22:17.126 align:middle In the US, perhaps more so than anywhere else in the world, 00:22:17.126 --> 00:22:20.496 align:middle it's traditional to seek redress of wrongs through litigation, 00:22:20.496 --> 00:22:24.846 align:middle but regrettably, environmental justice communities have rarely 00:22:25.136 --> 00:22:29.476 align:middle found vindication in court for several reasons, including lack 00:22:29.476 --> 00:22:31.106 align:middle of adequate legal protection 00:22:31.106 --> 00:22:34.176 align:middle for disproportionately burdened communities 00:22:34.176 --> 00:22:38.016 align:middle under US anti-discrimination law, and limited access 00:22:38.016 --> 00:22:39.456 align:middle to legal representation. 00:22:39.456 --> 00:22:43.986 align:middle By contrast, mainstream environmental organizations 00:22:43.986 --> 00:22:46.686 align:middle such as Sierra Club and the Natural Resources Defense 00:22:46.686 --> 00:22:50.936 align:middle Council have been able to make use of environmental statutes 00:22:50.936 --> 00:22:53.006 align:middle that permit citizen enforcement 00:22:53.006 --> 00:22:56.096 align:middle such as the Clean Water Act and Clean Air Act. 00:22:56.096 --> 00:23:01.116 align:middle Furthermore, access to judicial forms is prohibitively expensive 00:23:01.336 --> 00:23:05.236 align:middle for poor communities, and adversarial models 00:23:05.236 --> 00:23:07.916 align:middle of litigation focusing on two stakeholders 00:23:07.916 --> 00:23:09.076 align:middle such as the government 00:23:09.076 --> 00:23:11.776 align:middle and an offender often exclude community 00:23:11.776 --> 00:23:13.036 align:middle involvement altogether. 00:23:13.036 --> 00:23:17.116 align:middle Finally, when a remedy requires further litigation 00:23:17.116 --> 00:23:19.456 align:middle to enforce it, it isn't empowering 00:23:19.456 --> 00:23:22.066 align:middle to the community left behind. 00:23:23.636 --> 00:23:26.286 align:middle While environmentalists were winning in court, 00:23:26.286 --> 00:23:28.676 align:middle environmental justice claims rarely succeeded, 00:23:28.676 --> 00:23:31.086 align:middle and the failure to find an adequate remedy 00:23:31.086 --> 00:23:33.256 align:middle in court has forced environmental justice 00:23:33.256 --> 00:23:36.616 align:middle communities to mobilize in other ways 00:23:36.736 --> 00:23:40.426 align:middle to challenge unequal environmental treatment, 00:23:40.426 --> 00:23:44.566 align:middle and those other ways include protest and policy research. 00:23:44.706 --> 00:23:49.176 align:middle As I said, many of the early environmental justice protests 00:23:49.666 --> 00:23:53.056 align:middle were over waste siting, waste transfer, 00:23:53.056 --> 00:23:55.216 align:middle waste treatment and storage. 00:23:56.576 --> 00:23:59.256 align:middle In addition, important research studies, 00:23:59.256 --> 00:24:02.896 align:middle public policy research studies by government, nonprofits 00:24:02.896 --> 00:24:06.306 align:middle and academics validated community claims 00:24:06.306 --> 00:24:11.486 align:middle about underlying racism and its impacts on communities of color. 00:24:13.526 --> 00:24:17.576 align:middle So in the readings that I gave you, I provided much more 00:24:17.576 --> 00:24:21.476 align:middle of the history of the key protests, but I'll just note 00:24:21.476 --> 00:24:26.116 align:middle that in the beginning in 1982, there is a particular protest 00:24:26.116 --> 00:24:32.356 align:middle in Warren County in North Carolina, over a PCB, 00:24:32.356 --> 00:24:34.886 align:middle polychlorinated biphenyl landfill, 00:24:34.986 --> 00:24:39.556 align:middle and it's worth hearing the story of this one because it's so -- 00:24:39.556 --> 00:24:42.026 align:middle this pattern is repeated so often. 00:24:42.346 --> 00:24:48.016 align:middle So this landfill was located in a majority African-American town 00:24:48.016 --> 00:24:52.936 align:middle with high homeownership rates, and the waste dumped 00:24:52.936 --> 00:24:57.086 align:middle in this landfill was soil laced with PCBs 00:24:57.086 --> 00:24:59.836 align:middle from 200 miles of state highways. 00:24:59.836 --> 00:25:04.226 align:middle The state of North Carolina decided to deposit it in an area 00:25:04.846 --> 00:25:08.736 align:middle where the greatest concentration of African-Americans lived, 00:25:08.996 --> 00:25:10.386 align:middle even though it was unsafe due 00:25:10.386 --> 00:25:13.976 align:middle to a sandy soil and high water table. 00:25:14.516 --> 00:25:18.686 align:middle Several hundred protesters gathered including national 00:25:18.686 --> 00:25:21.556 align:middle civil rights activists to bring attention to this issue 00:25:21.556 --> 00:25:23.266 align:middle for the very first time. 00:25:23.266 --> 00:25:27.546 align:middle They were of course arrested, and protesters then began 00:25:27.546 --> 00:25:30.616 align:middle to call for studies of environmental racism, 00:25:30.616 --> 00:25:32.126 align:middle and that call was heard. 00:25:32.266 --> 00:25:37.506 align:middle So then we've got a series of very important formative, 00:25:37.786 --> 00:25:40.936 align:middle public policy-based research studies. 00:25:41.116 --> 00:25:42.356 align:middle I'll give you a few of them. 00:25:42.356 --> 00:25:49.366 align:middle In 1983, the year after the Warren County protest, 00:25:49.396 --> 00:25:53.926 align:middle the US General Accounting Office did a study that revealed three 00:25:53.926 --> 00:25:58.616 align:middle out of four commercial hazardous waste sites in the southeast 00:25:58.616 --> 00:26:01.086 align:middle of the United States, were located 00:26:01.086 --> 00:26:04.326 align:middle in predominantly African-American communities, 00:26:04.326 --> 00:26:08.136 align:middle even though African-Americans made up only one-fifth 00:26:08.136 --> 00:26:10.376 align:middle of the entire population. 00:26:10.376 --> 00:26:16.406 align:middle Subsequent studies identified the specific fact 00:26:16.526 --> 00:26:22.166 align:middle that industry avoided communities that were more able 00:26:22.166 --> 00:26:25.896 align:middle to resist these unwanted land uses. 00:26:27.276 --> 00:26:30.216 align:middle both government and business sought 00:26:30.316 --> 00:26:34.426 align:middle out environmental justice communities lacking 00:26:34.426 --> 00:26:38.816 align:middle in financial, scientific, technical and other resources 00:26:38.816 --> 00:26:45.086 align:middle that would have enabled them to resist or to participate 00:26:45.086 --> 00:26:49.106 align:middle in the decision making processes regarding citing 00:26:49.106 --> 00:26:51.526 align:middle of polluting facilities in their neighborhood. 00:26:51.526 --> 00:26:56.086 align:middle I say all this to say we know where these communities are, 00:26:56.086 --> 00:26:58.666 align:middle and we know where these facilities are, 00:26:58.876 --> 00:27:02.576 align:middle and they are located together for a very specific reason. 00:27:02.576 --> 00:27:08.066 align:middle In 1987, the United Church of Christ commissioned 00:27:08.066 --> 00:27:11.546 align:middle for racial justice issued the first national study, 00:27:11.546 --> 00:27:15.756 align:middle to correlate waste facilities and demographic characteristics, 00:27:15.756 --> 00:27:20.726 align:middle something that you can now do on EJ screen, which we'll talk 00:27:20.726 --> 00:27:24.586 align:middle about a bit more later, but it's a very important tool 00:27:24.586 --> 00:27:29.556 align:middle that the EPA has developed and placed free online. 00:27:31.306 --> 00:27:36.586 align:middle The study in 1987 was entitled Toxic Waste and Race, 00:27:36.586 --> 00:27:40.726 align:middle and it found that race was the most significant factor 00:27:40.726 --> 00:27:43.936 align:middle in determining where waste facilities were located 00:27:43.936 --> 00:27:49.156 align:middle to a 99.9% certainty nationally. 00:27:49.156 --> 00:27:53.246 align:middle Among other findings, the study revealed that three 00:27:53.246 --> 00:27:57.146 align:middle of five African-Americans and Hispanic Americans -- 00:27:57.276 --> 00:27:59.796 align:middle that was the term used by the study then -- 00:27:59.836 --> 00:28:02.136 align:middle lived in communities with one 00:28:02.136 --> 00:28:05.306 align:middle or more uncontrolled hazardous waste sites, 00:28:05.306 --> 00:28:08.496 align:middle as did half of the Asian/Pacific Islander Americans 00:28:08.496 --> 00:28:10.346 align:middle and Native Americans. 00:28:11.386 --> 00:28:14.326 align:middle By the way, a follow up study was done in 1994 00:28:14.326 --> 00:28:17.486 align:middle and concluded this trend had worsened. 00:28:17.486 --> 00:28:21.346 align:middle A couple more studies because they indicate 00:28:21.346 --> 00:28:24.116 align:middle where EJ has focused. 00:28:24.116 --> 00:28:31.036 align:middle In 1992, a study by the National Law Journal called Unequal 00:28:31.036 --> 00:28:35.326 align:middle Protection uncovered significant disparities in the way 00:28:35.326 --> 00:28:37.556 align:middle that US EPA enforced its law 00:28:37.796 --> 00:28:39.806 align:middle in environmental justice communities. 00:28:39.806 --> 00:28:43.366 align:middle White communities saw faster action, better results 00:28:43.366 --> 00:28:47.096 align:middle with the imposition of stiffer penalties on perpetrators 00:28:47.096 --> 00:28:50.386 align:middle than environmental justice communities. 00:28:52.096 --> 00:28:58.066 align:middle In 1994, the first real legal response from government came 00:28:58.266 --> 00:29:03.336 align:middle as President Clinton signed Executive Order 12898 00:29:03.336 --> 00:29:04.996 align:middle That's 12898. 00:29:04.996 --> 00:29:07.776 align:middle It was signed in 1994. 00:29:07.776 --> 00:29:11.276 align:middle President Clinton directed federal agencies to identify 00:29:11.276 --> 00:29:13.866 align:middle and address the disproportionately high 00:29:13.866 --> 00:29:17.286 align:middle and adverse human health or environmental effects 00:29:17.286 --> 00:29:22.396 align:middle of their actions on minority and low income populations. 00:29:22.826 --> 00:29:26.406 align:middle These became the two key components 00:29:26.406 --> 00:29:30.646 align:middle of environmental justice analysis, disproportionate, 00:29:30.916 --> 00:29:35.876 align:middle high, and adverse human health or environmental effects, 00:29:35.996 --> 00:29:40.036 align:middle and the focus was minority and low income -- 00:29:40.216 --> 00:29:41.886 align:middle those are the terms used -- 00:29:42.226 --> 00:29:44.926 align:middle minority and low income populations. 00:29:46.976 --> 00:29:51.306 align:middle Executive Order 12898 also ordered the federal agencies 00:29:51.306 --> 00:29:52.616 align:middle to develop a strategy 00:29:52.616 --> 00:29:56.286 align:middle for implementing environmental justice, and three, 00:29:56.286 --> 00:29:59.746 align:middle to promote non-discrimination in federal programs 00:29:59.816 --> 00:30:02.426 align:middle that affect human health and the environment, 00:30:02.786 --> 00:30:04.996 align:middle as well as to provide minority 00:30:04.996 --> 00:30:08.966 align:middle and low income communities access to public information 00:30:08.966 --> 00:30:09.966 align:middle and public participation. 00:30:10.046 --> 00:30:14.596 align:middle This was, as I say, the first governmental public policy 00:30:14.596 --> 00:30:19.136 align:middle statement in favor of environmental justice. 00:30:19.436 --> 00:30:24.666 align:middle It has proven durable, even if implementation has been uneven, 00:30:24.666 --> 00:30:29.166 align:middle and from it, I think, you see these two core principles 00:30:29.166 --> 00:30:33.816 align:middle that I'll talk about later as essential for lawyers, one, 00:30:34.266 --> 00:30:38.556 align:middle disproportionate adverse impact analysis. 00:30:38.556 --> 00:30:42.556 align:middle This is far easier for us to do now because we have some 00:30:42.556 --> 00:30:45.166 align:middle of the online tools that we'll talk about, 00:30:45.166 --> 00:30:48.366 align:middle such as environmental justice green, 00:30:48.606 --> 00:30:54.696 align:middle and a way to engage communities, especially minority 00:30:54.696 --> 00:30:57.116 align:middle and low income communities that have been left 00:30:57.206 --> 00:31:01.116 align:middle out of the promise of equal environmental protection, 00:31:01.116 --> 00:31:07.746 align:middle to engage them in robust and meaningful public participation. 00:31:08.206 --> 00:31:13.316 align:middle I will just note one other study that was done as late 00:31:13.316 --> 00:31:17.156 align:middle as February 2018 that was even under the Trump administration. 00:31:17.156 --> 00:31:22.456 align:middle EPA confirmed that a focus on poverty to the exclusion 00:31:22.456 --> 00:31:25.506 align:middle of race may be insufficient to meet the needs 00:31:25.506 --> 00:31:28.506 align:middle of all burdened populations. 00:31:29.096 --> 00:31:33.236 align:middle I think this is an extremely important point to emphasize 00:31:33.236 --> 00:31:35.686 align:middle about race and income. 00:31:37.086 --> 00:31:41.476 align:middle Income does not eviscerate or eliminate all 00:31:41.476 --> 00:31:44.136 align:middle of the negative effects of racism. 00:31:44.476 --> 00:31:45.876 align:middle Therefore, when we look 00:31:46.026 --> 00:31:50.316 align:middle at disproportionate high adverse impacts, 00:31:50.316 --> 00:31:57.806 align:middle income and race are important as we think about what is happening 00:31:57.806 --> 00:32:00.626 align:middle to the lived experience of communities. 00:32:00.626 --> 00:32:03.016 align:middle Both of these things are important. 00:32:03.016 --> 00:32:10.826 align:middle So let's talk about a new relationship, and I'll move 00:32:10.826 --> 00:32:14.186 align:middle on towards the end of my remarks. 00:32:14.356 --> 00:32:16.836 align:middle We are in a new relationship with government. 00:32:16.836 --> 00:32:21.516 align:middle The environmental justice has important champions 00:32:21.726 --> 00:32:24.576 align:middle in leadership positions in the government. 00:32:24.646 --> 00:32:27.326 align:middle So for example, on his very first day in office, 00:32:27.326 --> 00:32:32.476 align:middle President Biden issued Executive Order 13985. 00:32:32.476 --> 00:32:37.246 align:middle This was 2021-13985. 00:32:37.246 --> 00:32:40.126 align:middle It's called advancing racial equity, 00:32:40.126 --> 00:32:42.556 align:middle and support for underserved communities 00:32:42.556 --> 00:32:44.276 align:middle through the federal government. 00:32:44.596 --> 00:32:48.756 align:middle In issuing this order, President Biden said, and I'll quote, 00:32:48.756 --> 00:32:51.986 align:middle our country faces converging economic, health, 00:32:51.986 --> 00:32:55.036 align:middle and climate crises, that have exposed 00:32:55.036 --> 00:32:57.206 align:middle and exacerbated inequities. 00:32:57.706 --> 00:32:59.706 align:middle While the historic movement 00:32:59.706 --> 00:33:03.386 align:middle for justice has highlighted the unbearable human cost 00:33:03.386 --> 00:33:06.786 align:middle of systemic racism, it is therefore the policy 00:33:06.786 --> 00:33:10.426 align:middle of my administration, that the federal government should pursue 00:33:10.426 --> 00:33:14.816 align:middle a comprehensive approach to advancing equity for all, 00:33:15.326 --> 00:33:17.846 align:middle including people of color and others 00:33:17.936 --> 00:33:21.676 align:middle who have been historically underserved, marginalized 00:33:21.676 --> 00:33:23.746 align:middle and adversely affected 00:33:23.746 --> 00:33:27.036 align:middle by persistent poverty and inequality. 00:33:29.866 --> 00:33:34.466 align:middle That policy has been carried forward at EPA by Michael Regan, 00:33:34.466 --> 00:33:36.786 align:middle the 16th administrator of US EPA, 00:33:36.786 --> 00:33:42.486 align:middle who says that EPA has a responsibility to pursue justice 00:33:42.486 --> 00:33:44.846 align:middle as we jointly confront environmental 00:33:44.846 --> 00:33:48.226 align:middle and climate challenges with our federal, tribal, 00:33:48.226 --> 00:33:50.486 align:middle state and local partners, 00:33:50.876 --> 00:33:55.586 align:middle including through the vigorous enforcement of civil rights. 00:33:55.586 --> 00:34:00.816 align:middle In our strategic plan at EPA, we have done something 00:34:00.816 --> 00:34:02.756 align:middle for the first time in our history, 00:34:02.756 --> 00:34:07.346 align:middle which is to add two cross-cutting across-the-agency 00:34:07.346 --> 00:34:09.726 align:middle goals in our strategic plan. 00:34:09.726 --> 00:34:13.826 align:middle One is environmental justice, and the other is 00:34:13.856 --> 00:34:16.866 align:middle to pursue climate change. 00:34:17.026 --> 00:34:22.926 align:middle Our EPA's equity action plan is available online, 00:34:22.926 --> 00:34:25.176 align:middle and I encourage you to take a look at it, but I did want 00:34:25.176 --> 00:34:28.536 align:middle to highlight one or two important pieces 00:34:28.646 --> 00:34:30.796 align:middle of these -- this action plan. 00:34:30.856 --> 00:34:34.396 align:middle Number one, the plan calls for EPA 00:34:34.396 --> 00:34:37.516 align:middle to develop a comprehensive framework 00:34:37.516 --> 00:34:40.856 align:middle for considering cumulative impacts 00:34:40.856 --> 00:34:45.786 align:middle in relevant EPA decisions that operationalize the framework 00:34:45.786 --> 00:34:48.806 align:middle in EPA's programs and activities. 00:34:48.956 --> 00:34:52.296 align:middle This is an important first foundational step 00:34:52.296 --> 00:35:01.116 align:middle because instead of regulating in a landscape that is anchored 00:35:01.116 --> 00:35:05.956 align:middle in racist public policy, we are seeking to uncouple 00:35:05.956 --> 00:35:12.836 align:middle that historical landscape from our regulatory actions, 00:35:12.836 --> 00:35:18.416 align:middle and instead base our regulatory actions on the lived experience 00:35:18.556 --> 00:35:23.466 align:middle of environmental justice communities and all communities. 00:35:23.466 --> 00:35:25.586 align:middle I mention all communities, 00:35:25.706 --> 00:35:29.536 align:middle because all communities are entitled to the equal protection 00:35:29.536 --> 00:35:31.246 align:middle of the environmental laws. 00:35:31.246 --> 00:35:34.856 align:middle The fact is that some communities have been left out, 00:35:35.256 --> 00:35:39.036 align:middle and to be left out of that promise is to be exposed 00:35:39.036 --> 00:35:42.436 align:middle and vulnerable to the worst dangers and hazards 00:35:42.436 --> 00:35:47.216 align:middle that our industrial society has been able to produce. 00:35:47.406 --> 00:35:51.346 align:middle A couple of our other initiatives 00:35:51.346 --> 00:35:56.166 align:middle as an action commitment is to develop the capacity 00:35:56.166 --> 00:36:00.196 align:middle of communities to act for themselves, 00:36:00.456 --> 00:36:05.386 align:middle and this involves our grants-making opportunities 00:36:05.386 --> 00:36:08.496 align:middle and other opportunities, including technical assistance 00:36:08.496 --> 00:36:11.516 align:middle to make sure that communities are empowered to speak 00:36:11.516 --> 00:36:14.196 align:middle for themselves, which has long been part 00:36:14.196 --> 00:36:17.356 align:middle of the environmental justice movement. 00:36:17.356 --> 00:36:21.566 align:middle A couple of other ideas is to strengthen 00:36:21.566 --> 00:36:24.916 align:middle and support participatory science. 00:36:24.916 --> 00:36:28.776 align:middle Participatory science is science that is led by the people 00:36:28.776 --> 00:36:30.896 align:middle who live in a place and is accountable 00:36:30.896 --> 00:36:32.956 align:middle to the people who live in a place. 00:36:33.376 --> 00:36:38.036 align:middle These are just some of the important action plans 00:36:38.036 --> 00:36:41.306 align:middle that we have committed to at the agency, 00:36:41.306 --> 00:36:43.836 align:middle so together with political leadership, 00:36:43.836 --> 00:36:47.826 align:middle a committed action plan, there is one more important step 00:36:47.826 --> 00:36:50.456 align:middle that has changed for environmental justice 00:36:50.456 --> 00:36:52.726 align:middle in this landscape, and that is money. 00:36:53.006 --> 00:36:55.236 align:middle For the first time, 00:36:55.236 --> 00:36:59.936 align:middle environmental justice communities have financial 00:36:59.936 --> 00:37:03.066 align:middle commitments to back promises of help. 00:37:03.066 --> 00:37:09.176 align:middle As you know, ARPA, the American Rescue Plan Act will provide $26 00:37:09.176 --> 00:37:15.716 align:middle billion in fiscal recovery funds to state and $16 billion 00:37:15.716 --> 00:37:18.866 align:middle to counties and cities with a population of over 50,000. 00:37:18.866 --> 00:37:21.566 align:middle In addition to that, 00:37:21.566 --> 00:37:27.596 align:middle the bipartisan infrastructure law will put $1 trillion 00:37:27.906 --> 00:37:32.536 align:middle into infrastructure all over this nation, and together, 00:37:32.706 --> 00:37:37.116 align:middle ARPA and BIL will invest many, many billions of dollars 00:37:37.416 --> 00:37:43.846 align:middle into areas that have been plagued by neglect, and worse. 00:37:44.616 --> 00:37:49.726 align:middle So in conclusion, let me say we are building towards a new 00:37:49.726 --> 00:37:54.606 align:middle shared mental model of environmental protection, 00:37:54.736 --> 00:37:58.216 align:middle shared not just within the federal government, 00:37:58.266 --> 00:38:02.026 align:middle but a shared mental model that we hope will spread 00:38:02.026 --> 00:38:05.746 align:middle to the other partners with whom we do work, 00:38:05.746 --> 00:38:10.756 align:middle and that mental model is to uncouple our work 00:38:10.756 --> 00:38:16.986 align:middle from a landscape that has been shaped by racist public policy 00:38:16.986 --> 00:38:21.546 align:middle and move together towards accountability 00:38:21.546 --> 00:38:24.576 align:middle to our communities, all of our communities, 00:38:24.656 --> 00:38:27.586 align:middle for their lived experience. 00:38:27.696 --> 00:38:30.226 align:middle Lawyers have a role to play. 00:38:31.016 --> 00:38:35.646 align:middle Lawyers may not always be in the heroic, visible position 00:38:35.646 --> 00:38:39.606 align:middle that sometimes was the case under the Civil Rights Act, 00:38:39.606 --> 00:38:41.986 align:middle but lawyers in this transition 00:38:41.986 --> 00:38:46.066 align:middle to environmental justice must cultivate 00:38:46.066 --> 00:38:48.696 align:middle to important competencies, 00:38:48.696 --> 00:38:51.506 align:middle disproportionate adverse impact analysis -- 00:38:51.506 --> 00:38:54.866 align:middle and I know Gwen is going to talk more about that -- 00:38:54.866 --> 00:38:56.866 align:middle and also the understanding 00:38:56.866 --> 00:38:59.336 align:middle of what meaningful robust engagement 00:38:59.336 --> 00:39:01.066 align:middle of communities looks like. 00:39:01.066 --> 00:39:05.286 align:middle And to do this, well, lawyers must be prepared to ask 00:39:05.586 --> 00:39:08.486 align:middle at each stage of decision making, 00:39:08.626 --> 00:39:13.186 align:middle how these core competencies might shape their work. 00:39:13.186 --> 00:39:17.586 align:middle In addition, lawyers for are governments will need 00:39:17.586 --> 00:39:20.496 align:middle to participate in the work 00:39:20.496 --> 00:39:23.456 align:middle of creating a whole-of-government approach, 00:39:23.456 --> 00:39:26.236 align:middle so that when we go into communities 00:39:26.236 --> 00:39:31.066 align:middle who do not see their communities in the same silos as we do, 00:39:31.456 --> 00:39:35.846 align:middle we come prepared to offer help and not simply 00:39:35.846 --> 00:39:37.726 align:middle to say what we cannot do. 00:39:38.376 --> 00:39:43.416 align:middle A key part of this nascent work is to ask, how should we think 00:39:43.416 --> 00:39:48.606 align:middle about environmental justice disproportionate adverse impact 00:39:48.606 --> 00:39:51.306 align:middle analysis in the work that we do? 00:39:51.306 --> 00:39:55.196 align:middle If you'd like a thoughtful, provoking example of how 00:39:55.196 --> 00:39:59.886 align:middle to do that, consider the New York State Senate bill 8830 00:39:59.976 --> 00:40:02.126 align:middle which just passed -- let's see. 00:40:02.126 --> 00:40:04.446 align:middle Today is Tuesday -- last week, 00:40:04.556 --> 00:40:10.526 align:middle requiring that environmental impact address the cumulative 00:40:10.526 --> 00:40:14.586 align:middle effects on disadvantaged communities and can be the basis 00:40:14.586 --> 00:40:16.936 align:middle for denying a permit in that community. 00:40:18.076 --> 00:40:24.396 align:middle Last thought, as lawyers, we should recognize discretion. 00:40:24.626 --> 00:40:27.806 align:middle We have discretion in the legal authorities and tools 00:40:27.806 --> 00:40:31.136 align:middle that we presently employ to do environmental protection, 00:40:31.136 --> 00:40:36.296 align:middle and where we have discretion, I asked you to use that discretion 00:40:36.296 --> 00:40:41.606 align:middle in favor of communities that have been so left out, 00:40:41.606 --> 00:40:44.416 align:middle and so exposed for so long. 00:40:45.276 --> 00:40:49.296 align:middle The EPA will publish in the upcoming two weeks, I hope, 00:40:49.296 --> 00:40:53.506 align:middle an updated version of legal tools for environmental justice 00:40:53.506 --> 00:40:58.336 align:middle that will also consider the role of cumulative impacts in it, 00:40:58.336 --> 00:41:02.476 align:middle so I know that you have lots of work in your webinar, 00:41:02.476 --> 00:41:06.316 align:middle but I urge you to pay close attention to these things, 00:41:06.316 --> 00:41:10.016 align:middle disproportionate adverse impact analysis, 00:41:10.016 --> 00:41:13.816 align:middle the robust meaningful engagement of community, 00:41:13.816 --> 00:41:17.126 align:middle and the environmental justice legal tools. 00:41:17.786 --> 00:41:19.466 align:middle Thank you so much for your patience, 00:41:19.496 --> 00:41:24.146 align:middle and especially thank you, Gwen, as you wait for me to finish. 00:41:24.146 --> 00:41:28.226 align:middle I look forward to the question and answers. 00:41:28.226 --> 00:41:29.066 align:middle Over to you, Gwen. 00:41:29.066 --> 00:41:29.636 align:middle >> Thanks, Robin. 00:41:29.636 --> 00:41:33.636 align:middle I was going to say you were taking me back to law school. 00:41:33.636 --> 00:41:38.476 align:middle I'm sitting here taking notes as you're giving new information. 00:41:38.476 --> 00:41:41.106 align:middle So Professor, I appreciate it, and let me be one of the first 00:41:41.106 --> 00:41:43.626 align:middle to also congratulate you on your appointment to EPA, 00:41:43.626 --> 00:41:45.146 align:middle and it's an agency that I love. 00:41:45.146 --> 00:41:47.966 align:middle I'm thrilled to see that you're there with so many friends, 00:41:47.966 --> 00:41:50.956 align:middle and here's to hoping they get that AA position 00:41:50.956 --> 00:41:52.676 align:middle that they are looking for dedicated 00:41:52.676 --> 00:41:54.376 align:middle to environmental justice and equity. 00:41:54.376 --> 00:41:56.306 align:middle That may be something else we could talk in the group 00:41:56.306 --> 00:42:00.426 align:middle about later, and love to see you nominated for that. 00:42:00.426 --> 00:42:03.176 align:middle Just going to put that out there in the space. 00:42:03.386 --> 00:42:05.216 align:middle Well, good afternoon, everybody. 00:42:05.516 --> 00:42:07.526 align:middle My name is Gwen Keyes Fleming. 00:42:07.526 --> 00:42:11.386 align:middle Hopefully you are able to see and hear me okay. 00:42:11.386 --> 00:42:13.856 align:middle Please send a note in the chat if there are any issues, 00:42:13.856 --> 00:42:16.716 align:middle or Cynthia or Jennifer, let me know, 00:42:16.716 --> 00:42:18.986 align:middle if we have some challenges. 00:42:18.986 --> 00:42:24.266 align:middle I again am thrilled to be here., I consider it an honor to talk 00:42:24.266 --> 00:42:27.996 align:middle with many of you that have spent decades in government. 00:42:27.996 --> 00:42:31.986 align:middle As Cynthia said in my opening, I was in public service 00:42:31.986 --> 00:42:36.506 align:middle for 24 years before coming into the private sector, 00:42:36.506 --> 00:42:39.116 align:middle and so I always relish the opportunity to come back 00:42:39.116 --> 00:42:40.586 align:middle and talk to folks in government. 00:42:41.056 --> 00:42:47.076 align:middle The majority of my 29 years as a lawyer was as a prosecutor, 00:42:47.076 --> 00:42:52.546 align:middle so I have a particular affinity for the folks from DOJ 00:42:52.546 --> 00:42:54.796 align:middle on the phone, even my EPA colleagues, 00:42:54.796 --> 00:42:56.366 align:middle I saw a couple in the roster. 00:42:56.806 --> 00:43:00.836 align:middle As I made the transition from a line prosecutor, 00:43:00.836 --> 00:43:03.596 align:middle elected District Attorney into the federal government working 00:43:03.596 --> 00:43:07.346 align:middle for EPA in Region 4, considered myself a environmental cop 00:43:07.346 --> 00:43:08.376 align:middle on the beat. 00:43:08.376 --> 00:43:11.876 align:middle So again, I'm just excited to be here and talk with you 00:43:11.876 --> 00:43:12.926 align:middle about a couple of things. 00:43:12.926 --> 00:43:15.556 align:middle Now that I'm in the private sector, one of the things 00:43:15.556 --> 00:43:18.856 align:middle that we wanted to do is give you a little bit of a preview 00:43:18.856 --> 00:43:23.266 align:middle of how the private sector looks at environmental justice issues. 00:43:23.796 --> 00:43:25.576 align:middle And so we'll talk through that in a little bit, 00:43:25.576 --> 00:43:29.076 align:middle and many of you may wonder, why do we need to know that? 00:43:29.076 --> 00:43:29.926 align:middle We are the government. 00:43:29.926 --> 00:43:32.516 align:middle It's our job to come in and protect communities. 00:43:32.516 --> 00:43:34.336 align:middle We wield a big stick. 00:43:34.336 --> 00:43:38.516 align:middle We have a huge responsibility in administering the laws, 00:43:38.516 --> 00:43:42.246 align:middle and it's our job to hold folks accountable, and the reason I go 00:43:42.246 --> 00:43:46.696 align:middle into this with folks is because as a prosecutor or as any member 00:43:46.696 --> 00:43:48.566 align:middle of law enforcement, there are three things 00:43:48.566 --> 00:43:50.786 align:middle that you absolutely need to know in my view. 00:43:50.786 --> 00:43:54.326 align:middle You need to know your case, your facts, your witnesses, 00:43:54.326 --> 00:43:56.996 align:middle the documents, all of the things that you need 00:43:56.996 --> 00:43:59.596 align:middle to prove the various elements of whatever charge, 00:43:59.596 --> 00:44:03.426 align:middle whether it's criminal or civil that you are proceeding on. 00:44:03.426 --> 00:44:05.416 align:middle You need to know your court. 00:44:05.416 --> 00:44:08.306 align:middle For us local prosecutors, it's very often people 00:44:08.306 --> 00:44:09.386 align:middle that we're familiar with. 00:44:09.386 --> 00:44:11.806 align:middle Same is somewhat true on the federal level, though, 00:44:11.806 --> 00:44:14.016 align:middle obviously, it's a broader landscape, but you need 00:44:14.016 --> 00:44:17.846 align:middle to know your judge their inclinations, 00:44:17.846 --> 00:44:21.896 align:middle what they like to do, how they like to operate their courtroom. 00:44:21.896 --> 00:44:24.986 align:middle Again, that's your home field, and so you want to maintain 00:44:24.986 --> 00:44:28.466 align:middle that home field advantage every time you step into a courtroom, 00:44:28.906 --> 00:44:31.676 align:middle but what I found as a prosecutor is in addition 00:44:31.676 --> 00:44:34.666 align:middle to knowing your case and your court, you also want 00:44:34.666 --> 00:44:36.286 align:middle to know your opponent. 00:44:36.286 --> 00:44:39.116 align:middle You need to know what the defense is thinking, 00:44:39.116 --> 00:44:42.666 align:middle where they might be headed, what kind of witnesses do they have? 00:44:42.666 --> 00:44:44.486 align:middle And the reason at least as a prosecutor, 00:44:44.486 --> 00:44:47.966 align:middle I focused on those things was because I like to play chess, 00:44:47.966 --> 00:44:50.336 align:middle and so if I'm planning to put up a particular witness 00:44:50.336 --> 00:44:53.186 align:middle and to focus on a particular element of the case, 00:44:53.186 --> 00:44:57.236 align:middle I want to know what's coming at me as a potential counter 00:44:57.236 --> 00:44:58.106 align:middle to what that witness says, 00:44:58.106 --> 00:45:02.036 align:middle and that I can build an even stronger case. 00:45:02.036 --> 00:45:05.066 align:middle It's sort of the notion of getting -- letting -- 00:45:05.096 --> 00:45:06.876 align:middle knowing the end at the beginning, 00:45:07.316 --> 00:45:11.786 align:middle and planning accordingly, and so I want to give you a little -- 00:45:11.786 --> 00:45:14.866 align:middle a few thoughts of how I have been advising clients 00:45:14.866 --> 00:45:16.836 align:middle and what I've seen now in the private sector 00:45:16.836 --> 00:45:19.866 align:middle for the last couple of days, or last couple of years, 00:45:19.866 --> 00:45:24.006 align:middle specifically, when it comes to environmental justice, 00:45:24.006 --> 00:45:27.226 align:middle and let me also say, all that I had learned 00:45:27.226 --> 00:45:30.036 align:middle about environmental justice and the opportunities that I have, 00:45:30.036 --> 00:45:32.726 align:middle I'm tremendously grateful to Quentin Pair 00:45:32.726 --> 00:45:34.686 align:middle who Cynthia mentioned earlier. 00:45:34.686 --> 00:45:38.176 align:middle He trained me on environmental justice along 00:45:38.176 --> 00:45:43.176 align:middle with Vernice Miller-Travis, Mustafa Santiago, 00:45:43.176 --> 00:45:48.066 align:middle so many good friends, again, and so as I make this transition 00:45:48.066 --> 00:45:52.026 align:middle into the private sector, it's my hope that while advocates 00:45:52.026 --> 00:45:54.676 align:middle and government attorneys are working 00:45:54.676 --> 00:45:59.626 align:middle to create positive change for communities and eliminate some 00:45:59.626 --> 00:46:03.256 align:middle of the environmental injustices, I would be that counterpoint 00:46:03.256 --> 00:46:05.496 align:middle on the other side of the V, if you will, 00:46:05.496 --> 00:46:08.886 align:middle working to effect positive change inside companies, 00:46:08.886 --> 00:46:11.286 align:middle and hopefully as we come together, whether it's 00:46:11.286 --> 00:46:14.586 align:middle through enforcement cases or other means, there's a way 00:46:14.586 --> 00:46:18.256 align:middle for us all to be focused on the same thing, and that's one 00:46:18.256 --> 00:46:22.346 align:middle of the things that Quentin Pair and I are focused on. 00:46:22.346 --> 00:46:27.426 align:middle We both are co-chairs of the new American Bar Association, 00:46:27.426 --> 00:46:31.066 align:middle Environmental Justice Task Force, and so I ask 00:46:31.066 --> 00:46:35.556 align:middle that you stay current on what we're going to be doing. 00:46:35.556 --> 00:46:39.836 align:middle We've had a few meetings so far with our 13-member task force. 00:46:39.836 --> 00:46:42.526 align:middle Lawrence Pittman, who I saw earlier, is one of the members. 00:46:43.076 --> 00:46:46.346 align:middle He's attending this conference, but there's a lot of great work, 00:46:46.346 --> 00:46:49.456 align:middle but we obviously want all folks at the table dialoguing 00:46:49.456 --> 00:46:52.436 align:middle about these issues, so we can work towards making positive 00:46:52.436 --> 00:47:00.266 align:middle change for communities, and so let me put my slides back up. 00:47:00.596 --> 00:47:02.776 align:middle I have my chat up as well. 00:47:02.776 --> 00:47:05.236 align:middle As folks have questions, please let me know. 00:47:10.956 --> 00:47:18.996 align:middle Okay, so as Robin was saying, there are a lot of folks 00:47:18.996 --> 00:47:22.716 align:middle in government that are focused on advancing the President 00:47:22.716 --> 00:47:25.156 align:middle and the Vice President's agenda with respect 00:47:25.186 --> 00:47:26.396 align:middle to environmental justice. 00:47:26.396 --> 00:47:27.876 align:middle You heard about administrator Regan. 00:47:27.876 --> 00:47:30.646 align:middle We're certainly thrilled that he is in that post 00:47:30.646 --> 00:47:32.906 align:middle as a history maker himself. 00:47:32.906 --> 00:47:37.266 align:middle You heard Brenda Mallory, who has been confirmed to head CEQ, 00:47:37.266 --> 00:47:41.896 align:middle also a history maker in that role as well as Shalonda Young, 00:47:42.166 --> 00:47:45.456 align:middle the head of the Office of Management and Budget, 00:47:45.456 --> 00:47:48.226 align:middle another history maker in that role, and so it does seem 00:47:48.226 --> 00:47:52.296 align:middle as though now is the time, to really be able to identify ways 00:47:52.296 --> 00:47:56.406 align:middle that the federal government can institutionalize some 00:47:56.406 --> 00:47:59.486 align:middle of the thoughts, ideas and concepts 00:47:59.486 --> 00:48:01.596 align:middle that were first presented in 1994 00:48:01.596 --> 00:48:03.536 align:middle in President Clinton's executive order. 00:48:04.046 --> 00:48:07.506 align:middle To assist the government and all of the people that I named 00:48:07.506 --> 00:48:10.156 align:middle as well as their various staffs, President Biden, 00:48:10.156 --> 00:48:13.076 align:middle as you all know, in his executive orders, 00:48:13.076 --> 00:48:18.796 align:middle particularly Executive Order 14008, created what many 00:48:18.796 --> 00:48:20.786 align:middle of us affectionately call as the WHEJAC, 00:48:20.786 --> 00:48:24.326 align:middle the White House Environmental Justice Advisory Council, 00:48:24.326 --> 00:48:26.276 align:middle and so again, those of you are in government, 00:48:26.276 --> 00:48:28.856 align:middle or at least what I learned when I joined EPA, 00:48:28.856 --> 00:48:32.666 align:middle it is alphabet soup, but there is the WHEJAC, 00:48:32.946 --> 00:48:37.366 align:middle which is the advisory council that is made up largely 00:48:37.366 --> 00:48:41.446 align:middle of community advocates to be able to advise the President 00:48:41.446 --> 00:48:45.766 align:middle and all of the -- not the folks that have been nominated 00:48:45.766 --> 00:48:48.226 align:middle and confirmed to the positions that I said earlier, 00:48:48.626 --> 00:48:51.666 align:middle but there's also the WHEJIC, the White House, 00:48:51.926 --> 00:48:54.786 align:middle Environmental Justice Interagency Council, 00:48:54.786 --> 00:48:56.756 align:middle and so one of the things the President has said is 00:48:56.756 --> 00:48:59.836 align:middle that this is going to be a whole of government approach, 00:48:59.836 --> 00:49:05.076 align:middle so those are all of the Cabinet Secretaries and subcabinet folks 00:49:05.076 --> 00:49:08.706 align:middle that are looking at how to direct change 00:49:08.706 --> 00:49:11.906 align:middle down through the government in their various agencies 00:49:11.906 --> 00:49:14.996 align:middle and departments, with the advice and counsel 00:49:14.996 --> 00:49:16.916 align:middle and assistance of the WHEJAC. 00:49:16.916 --> 00:49:19.116 align:middle So again, one of the ways that you see all 00:49:19.116 --> 00:49:22.166 align:middle of that coming together is the justice 40 initiative 00:49:22.166 --> 00:49:26.886 align:middle that was mentioned, where the government endeavors to have 40% 00:49:26.886 --> 00:49:31.586 align:middle of its benefits in order to the benefit of communities 00:49:31.586 --> 00:49:33.966 align:middle that are overburdened and that are most in need, 00:49:33.966 --> 00:49:35.516 align:middle and so various policies have come 00:49:35.516 --> 00:49:37.346 align:middle out of the Office of Management Budget. 00:49:37.396 --> 00:49:42.456 align:middle You see those marrying up with various resources at EPA, 00:49:42.456 --> 00:49:43.836 align:middle and the reason I'm saying all of this is 00:49:43.836 --> 00:49:48.956 align:middle because that will then flow down to a OECA in EPA and so as many 00:49:48.956 --> 00:49:53.316 align:middle of you partner with the attorneys in OECA 00:49:53.316 --> 00:49:55.816 align:middle for various enforcement actions, you will be thinking 00:49:55.816 --> 00:50:00.066 align:middle of the different ways that settlements or policy 00:50:00.066 --> 00:50:03.266 align:middle or other things can work to the benefit of these communities, 00:50:03.266 --> 00:50:04.976 align:middle but it's important to note that it's not just enforcement. 00:50:05.086 --> 00:50:08.296 align:middle You see that at the bottom of the slide here, 00:50:08.296 --> 00:50:11.206 align:middle but the commitment to environmental justice, 00:50:11.486 --> 00:50:15.376 align:middle as noted in Michael Regan's memo early on in his tenure is 00:50:15.376 --> 00:50:17.376 align:middle that it will be all aspects of EPA. 00:50:17.376 --> 00:50:20.706 align:middle So you see that it will be as part of the scientific reviews 00:50:20.706 --> 00:50:23.196 align:middle that are done out of the Office of Research and Development. 00:50:23.726 --> 00:50:24.786 align:middle It will obviously be part 00:50:24.786 --> 00:50:27.226 align:middle of the rulemaking that's largely governed by the Office 00:50:27.226 --> 00:50:30.996 align:middle of General Counsel, but involves all of the media, 00:50:30.996 --> 00:50:34.596 align:middle whether it's the Office of Land and Emergency Management, 00:50:34.756 --> 00:50:39.796 align:middle the Office of Chemical Safety, Pollution and Prevention, OCSPP, 00:50:39.796 --> 00:50:42.086 align:middle whether it's the Office of Water, whether it's the Office 00:50:42.086 --> 00:50:44.936 align:middle of Air, all of those, all will be looking 00:50:44.936 --> 00:50:49.496 align:middle to infuse environmental justice or have it evaluated 00:50:49.496 --> 00:50:52.586 align:middle as it proposes various regulations. 00:50:52.706 --> 00:50:55.426 align:middle And then obviously, permitting this is an opportunity whether 00:50:55.426 --> 00:50:59.716 align:middle it's the federal government that'll be issuing permits 00:50:59.796 --> 00:51:04.296 align:middle in limited space, or working with its state partners, 00:51:04.296 --> 00:51:06.506 align:middle who through delegated programs will be handling a lot 00:51:06.506 --> 00:51:10.206 align:middle of the permitting as well, you will start to see more 00:51:10.206 --> 00:51:13.706 align:middle of a focus on environmental justice considerations, 00:51:13.706 --> 00:51:17.626 align:middle how those permits are written and again, for this audience, 00:51:17.626 --> 00:51:20.716 align:middle largely, how those permits will be enforced. 00:51:20.906 --> 00:51:27.456 align:middle So again, who are these partners? 00:51:27.456 --> 00:51:29.246 align:middle We talked about the federal agencies. 00:51:29.246 --> 00:51:31.906 align:middle That includes a lot of folks here on the phone. 00:51:31.906 --> 00:51:34.716 align:middle I'm thrilled to see that we have almost 500 participants, 00:51:34.716 --> 00:51:36.446 align:middle and I understand it's broader 00:51:36.446 --> 00:51:39.546 align:middle than just the DOJ and EPA family. 00:51:39.546 --> 00:51:41.216 align:middle So we're excited. 00:51:41.216 --> 00:51:44.016 align:middle Again, that plays into the whole of government approach 00:51:44.016 --> 00:51:49.336 align:middle to what is happening to advance environmental justice 00:51:49.406 --> 00:51:51.166 align:middle at the federal level. 00:51:51.166 --> 00:51:55.016 align:middle Robin spoke about tribal considerations, 00:51:55.486 --> 00:51:57.876 align:middle and the unique -- some of the unique dynamics 00:51:57.876 --> 00:52:00.856 align:middle of environmental justice on tribal lands. 00:52:00.856 --> 00:52:03.916 align:middle Obviously, we recognize the sovereignty of our tribes 00:52:03.916 --> 00:52:07.796 align:middle and the very important consultative requirements 00:52:07.796 --> 00:52:11.776 align:middle when it comes to various policies that are executed 00:52:11.776 --> 00:52:14.056 align:middle or considered on tribal lands. 00:52:14.056 --> 00:52:16.356 align:middle I talked about state and local governments, 00:52:16.356 --> 00:52:20.226 align:middle state governments largely in that permitting and also 00:52:20.226 --> 00:52:23.596 align:middle as co-partners and enforcement actions, 00:52:23.596 --> 00:52:25.636 align:middle but local governments are coming to the table 00:52:25.846 --> 00:52:28.456 align:middle on environmental justice as well, 00:52:28.456 --> 00:52:31.086 align:middle which I think is an important consideration when you -- 00:52:31.086 --> 00:52:34.716 align:middle if you go back to what Robin said, a lot of the policies 00:52:34.716 --> 00:52:38.486 align:middle that have put environmental justice communities 00:52:38.486 --> 00:52:43.276 align:middle in such a difficult and horrific situation, they all go back 00:52:43.276 --> 00:52:45.886 align:middle to zoning laws, where you either had redlining, 00:52:46.346 --> 00:52:50.356 align:middle which prevented people of color from living in certain areas 00:52:50.356 --> 00:52:55.586 align:middle of a community and/or restricted them to certain areas. 00:52:55.586 --> 00:52:58.966 align:middle When you think about siting various facilities, 00:52:58.966 --> 00:53:02.066 align:middle that all goes back to zoning laws, which are covered largely 00:53:02.066 --> 00:53:04.706 align:middle by your local elected officials. 00:53:04.986 --> 00:53:08.126 align:middle And so these are some things to think about in different ways 00:53:08.126 --> 00:53:12.866 align:middle that even as members of the enforcement corps, you can work 00:53:12.866 --> 00:53:15.756 align:middle with some of these local officials, or at least reach 00:53:15.756 --> 00:53:19.356 align:middle out to them as part of an engagement plan, 00:53:19.356 --> 00:53:24.466 align:middle make sure you understand or look for the opportunities for them 00:53:24.466 --> 00:53:26.756 align:middle to exercise their local authority 00:53:26.756 --> 00:53:30.696 align:middle to help various communities by changing zoning laws 00:53:30.696 --> 00:53:33.796 align:middle or those types of things, in addition to some 00:53:33.796 --> 00:53:36.296 align:middle of the enforcement actions or requirements that you may build 00:53:36.296 --> 00:53:38.616 align:middle into various enforcement documents. 00:53:38.616 --> 00:53:40.276 align:middle And then obviously, community-based work, 00:53:40.276 --> 00:53:42.436 align:middle this really should have been first. 00:53:42.436 --> 00:53:44.016 align:middle This is the most important thing 00:53:44.016 --> 00:53:47.576 align:middle about environmental justice is ensuring that communities are 00:53:47.576 --> 00:53:54.206 align:middle in a position to dictate or to least give input 00:53:54.206 --> 00:53:57.536 align:middle on various decisions that affect them, whether it comes 00:53:57.536 --> 00:53:59.716 align:middle down to permitting, whether it's at the higher levels 00:53:59.716 --> 00:54:03.436 align:middle of rulemaking, whether it's in enforcement actions, 00:54:03.436 --> 00:54:05.876 align:middle and we know obviously, various consent decrees, 00:54:05.876 --> 00:54:07.276 align:middle as they're proposed, they are put 00:54:07.276 --> 00:54:09.546 align:middle out for public comment for a period of time. 00:54:09.926 --> 00:54:11.456 align:middle Hopefully, discussions 00:54:11.456 --> 00:54:15.556 align:middle with communities would have happened long before anything is 00:54:15.556 --> 00:54:17.186 align:middle published on the federal docket 00:54:17.186 --> 00:54:20.256 align:middle so the original proposals can include 00:54:20.256 --> 00:54:22.976 align:middle that very critical community voice. 00:54:23.246 --> 00:54:26.656 align:middle One of the things we tell clients, 00:54:26.656 --> 00:54:28.766 align:middle and what I think is most interesting, particularly 00:54:28.766 --> 00:54:32.176 align:middle under the Biden administration, is the notions 00:54:32.176 --> 00:54:36.636 align:middle of environmental justice will affect almost every industry, 00:54:37.016 --> 00:54:38.216 align:middle every industry. 00:54:38.216 --> 00:54:41.036 align:middle Obviously, when you think about manufacturing, when you think 00:54:41.036 --> 00:54:43.376 align:middle about oil and gas and some of the energy industries, 00:54:43.376 --> 00:54:46.466 align:middle even if you think about it in terms of renewable energy, 00:54:46.466 --> 00:54:50.146 align:middle but you've got technology industries and things 00:54:50.146 --> 00:54:52.496 align:middle that may also be implicated. 00:54:52.786 --> 00:54:55.646 align:middle You obviously -- we had in region four, 00:54:55.646 --> 00:54:57.496 align:middle whereas the Regional Administrator, 00:54:57.496 --> 00:54:59.476 align:middle we had environmental concerns around our -- 00:54:59.476 --> 00:55:02.966 align:middle environmental justice concerns around our ports. 00:55:03.196 --> 00:55:06.356 align:middle We had them -- I, unfortunately, fortunately 00:55:06.356 --> 00:55:09.696 align:middle or unfortunately was a regional administrator soon 00:55:09.696 --> 00:55:14.636 align:middle after the decision was made to transfer 4 million tons 00:55:14.636 --> 00:55:19.516 align:middle of coal ash to Perry County, Alabama, and so again, 00:55:19.516 --> 00:55:22.856 align:middle going back to that siting requirements, 00:55:22.856 --> 00:55:25.016 align:middle that was how the state of Alabama 00:55:25.016 --> 00:55:31.916 align:middle and the local elected officials, at least in that case, 00:55:31.976 --> 00:55:34.356 align:middle relied on their zoning laws in a way that was 00:55:34.356 --> 00:55:35.736 align:middle to the detriment of the community. 00:55:35.736 --> 00:55:37.976 align:middle So I think there's an opportunity again, 00:55:37.976 --> 00:55:41.426 align:middle for folks in government to really drill down as 00:55:41.426 --> 00:55:43.616 align:middle to who are you hearing from? 00:55:43.796 --> 00:55:47.076 align:middle Very often I counsel clients that it's not enough just 00:55:47.076 --> 00:55:48.476 align:middle to talk to elected officials. 00:55:48.476 --> 00:55:51.786 align:middle You also have to look for the influencers in a community, 00:55:51.786 --> 00:55:54.976 align:middle and I would advise this group of the same thing. 00:55:54.976 --> 00:55:56.806 align:middle It could be that the elected officials 00:55:56.806 --> 00:55:59.636 align:middle and the actual community members are not on the same page, 00:55:59.636 --> 00:56:02.666 align:middle and so again, as members of the enforcement corps, 00:56:02.666 --> 00:56:08.046 align:middle it's important for you to really understand who stands 00:56:08.046 --> 00:56:12.686 align:middle to benefit, and what they stand to gain from various decisions 00:56:12.686 --> 00:56:15.016 align:middle that are made and who do you really seek 00:56:15.016 --> 00:56:17.356 align:middle to provide the service to? 00:56:17.356 --> 00:56:23.136 align:middle So let's talk a little bit more directly about private companies 00:56:23.136 --> 00:56:27.216 align:middle and how they view environmental justice or at least how, 00:56:27.216 --> 00:56:29.786 align:middle in the past, I've provided some guidance 00:56:29.786 --> 00:56:32.826 align:middle on how they should view environmental justice, 00:56:32.826 --> 00:56:35.726 align:middle and as I do this, I want to make sure that folks know, 00:56:35.726 --> 00:56:38.616 align:middle just like any industry, just like any segment 00:56:38.616 --> 00:56:42.746 align:middle of the population, companies are in different spaces 00:56:42.976 --> 00:56:46.286 align:middle when it comes to how they consider environmental justice. 00:56:46.286 --> 00:56:49.706 align:middle You have obviously the recalcitrant operators 00:56:49.706 --> 00:56:54.556 align:middle that may go so far as to say my plant was here first. 00:56:54.556 --> 00:56:56.216 align:middle This community built up around me. 00:56:56.216 --> 00:57:00.166 align:middle We're not going to change our policies or operations. 00:57:00.696 --> 00:57:03.986 align:middle Basically, they came to us, which again, I think, 00:57:03.986 --> 00:57:06.526 align:middle fails to take into account some of the zoning 00:57:06.526 --> 00:57:08.206 align:middle and possibly redlining 00:57:08.206 --> 00:57:10.776 align:middle that might have occurred in a particular area. 00:57:10.776 --> 00:57:14.516 align:middle You've got folks more in the middle that are curious 00:57:14.516 --> 00:57:15.956 align:middle about what's happening environment -- 00:57:15.956 --> 00:57:17.096 align:middle in environmental justice. 00:57:17.096 --> 00:57:18.356 align:middle They want to learn more about it. 00:57:18.356 --> 00:57:21.956 align:middle They want to understand where the opportunities might lie 00:57:22.036 --> 00:57:24.626 align:middle in their operations to be able 00:57:24.626 --> 00:57:27.176 align:middle to do the right thing by these communities. 00:57:27.176 --> 00:57:29.996 align:middle And then then you've got folks at the top end of the spectrum, 00:57:30.316 --> 00:57:34.336 align:middle that not only are educated and absorbing everything that comes 00:57:34.336 --> 00:57:37.386 align:middle out of the administration, but they are going one step further. 00:57:37.386 --> 00:57:40.246 align:middle They're building it into some of their ESG, 00:57:40.246 --> 00:57:43.836 align:middle or their environment social governance policies, 00:57:43.836 --> 00:57:45.046 align:middle and many of you may know 00:57:45.046 --> 00:57:49.986 align:middle that the SEC has just issued a proposal on climate aspects, 00:57:49.986 --> 00:57:53.216 align:middle climate disclosures under that ESG space. 00:57:53.216 --> 00:57:56.636 align:middle There's an opportunity for environmental justice 00:57:56.636 --> 00:57:59.416 align:middle to also be incorporated into the social aspect 00:57:59.416 --> 00:58:03.376 align:middle of what's happening in a particular company. 00:58:03.376 --> 00:58:07.816 align:middle They are also writing or changing various protocols, 00:58:07.816 --> 00:58:10.356 align:middle plant protocols to include environmental 00:58:10.356 --> 00:58:11.486 align:middle justice provisions. 00:58:11.486 --> 00:58:15.036 align:middle Some in the past have hired an environmental justice 00:58:15.036 --> 00:58:19.526 align:middle coordinator to help not just take a one-time look 00:58:19.526 --> 00:58:23.276 align:middle at policies, but really evaluate on an ongoing basis. 00:58:23.346 --> 00:58:25.376 align:middle And the reason I tell folks, particularly 00:58:25.376 --> 00:58:28.036 align:middle in the enforcement corps, to kind of know 00:58:28.306 --> 00:58:33.046 align:middle where your company is or where your defendant might be, 00:58:33.046 --> 00:58:37.456 align:middle is because having that knowledge helps you build various types 00:58:37.456 --> 00:58:39.496 align:middle of carrots and sticks to get them 00:58:39.496 --> 00:58:42.816 align:middle to do whatever it is you are requiring them to do, 00:58:43.006 --> 00:58:45.826 align:middle or would like them to do as part of a settlement. 00:58:45.826 --> 00:58:46.896 align:middle And obviously, we all know 00:58:46.896 --> 00:58:48.726 align:middle that the government carries a big stick. 00:58:48.726 --> 00:58:52.396 align:middle I have to candidly say it's something that I miss. 00:58:52.396 --> 00:58:55.646 align:middle I miss being on that side of the V, but at the same time. 00:58:55.646 --> 00:58:57.476 align:middle in terms of environmental justice, 00:58:57.506 --> 00:59:03.096 align:middle because there is no statute for environmental justice yet -- 00:59:03.366 --> 00:59:07.046 align:middle there's obviously several that have been dropped in Congress -- 00:59:07.046 --> 00:59:10.906 align:middle it's important to realize that this -- 00:59:10.906 --> 00:59:13.916 align:middle sometimes to be able to reach what is needed 00:59:13.916 --> 00:59:15.706 align:middle in environmental justice community, 00:59:15.706 --> 00:59:16.676 align:middle you need to be creative. 00:59:16.756 --> 00:59:18.456 align:middle It's one of the reasons why we've got -- 00:59:18.606 --> 00:59:22.066 align:middle I was thrilled to see that SEPs we're back in consideration 00:59:22.066 --> 00:59:25.766 align:middle at the Department of Justice. 00:59:25.766 --> 00:59:28.486 align:middle But again, in the absence of a law, the stick, 00:59:28.486 --> 00:59:29.816 align:middle the environmental justice stick 00:59:29.816 --> 00:59:33.596 align:middle that a government attorney may wield may be slightly -- 00:59:33.596 --> 00:59:34.906 align:middle and I only say slightly -- 00:59:35.096 --> 00:59:37.766 align:middle weaker than what you might be able to wield 00:59:37.766 --> 00:59:40.336 align:middle under the substantive environmental statute. 00:59:40.336 --> 00:59:43.776 align:middle So you just want to make sure that you understand how far, 00:59:43.776 --> 00:59:46.926 align:middle where the opportunities are to really push a defendant 00:59:46.926 --> 00:59:49.256 align:middle to where you want any of them to be for the community. 00:59:49.256 --> 00:59:54.476 align:middle So what we tell companies is the reason they should consider 00:59:54.476 --> 00:59:57.306 align:middle environmental justice first and foremost, 00:59:57.306 --> 00:59:59.966 align:middle it maintains the company's status as an industry leader. 01:00:00.046 --> 01:00:04.666 align:middle Again, we have been fortunate that as we have continued 01:00:04.666 --> 01:00:07.116 align:middle to talk about environmental justice over the years, 01:00:07.356 --> 01:00:09.666 align:middle companies are beginning to appreciate, 01:00:09.666 --> 01:00:10.976 align:middle particularly their stakeholders 01:00:10.976 --> 01:00:13.426 align:middle and stockholders are paying attention to these issues, 01:00:13.426 --> 01:00:15.256 align:middle and so there's an opportunity 01:00:15.256 --> 01:00:18.436 align:middle to use those pressures or influences. 01:00:18.736 --> 01:00:21.896 align:middle It bolsters a record of compliance. 01:00:21.896 --> 01:00:24.266 align:middle Again, I think this is a place 01:00:24.266 --> 01:00:27.006 align:middle where it really hits companies in the pocketbook. 01:00:27.006 --> 01:00:29.326 align:middle They want to make sure they are limiting their legal risk, 01:00:29.326 --> 01:00:31.906 align:middle and that also goes back to some of the SEC disclosures 01:00:31.906 --> 01:00:33.206 align:middle that they are required to make. 01:00:33.206 --> 01:00:36.956 align:middle It helps build relationships with their customers 01:00:36.956 --> 01:00:38.146 align:middle and folks on the ground. 01:00:38.146 --> 01:00:41.196 align:middle I have clients where their plant managers are 01:00:41.196 --> 01:00:46.096 align:middle in on various community meetings or local government meetings 01:00:46.096 --> 01:00:47.816 align:middle or local chamber meetings. 01:00:47.816 --> 01:00:49.716 align:middle They're trying to build these relationships, 01:00:49.716 --> 01:00:53.296 align:middle so it's not just a arm's length transaction. 01:00:53.296 --> 01:00:55.636 align:middle Companies that are at that upper end of the spectrum, 01:00:55.636 --> 01:00:57.416 align:middle they want to be a part of the community 01:00:57.416 --> 01:00:58.866 align:middle and be a part of the solution. 01:00:59.306 --> 01:01:02.166 align:middle And then again, obviously, the transparency is favored 01:01:02.166 --> 01:01:05.596 align:middle by regulators, and we'll talk about some cases where attempts 01:01:05.596 --> 01:01:10.346 align:middle to be transparent or attempts to adhere to or at least try 01:01:10.346 --> 01:01:13.696 align:middle to apply to environmental justice considerations were, 01:01:13.696 --> 01:01:17.006 align:middle I don't want to say rewarded, but at least that didn't result 01:01:17.006 --> 01:01:20.716 align:middle in the project being completely gutted, 01:01:20.716 --> 01:01:24.566 align:middle that the company was able to go forward with various tweaks 01:01:24.566 --> 01:01:29.086 align:middle in part, I think, because the court saw or at least perceived 01:01:29.086 --> 01:01:31.506 align:middle that the company was trying to do something 01:01:31.506 --> 01:01:33.156 align:middle in the environmental justice space, 01:01:33.156 --> 01:01:36.146 align:middle even if they didn't get it exactly right. 01:01:36.276 --> 01:01:41.486 align:middle So when we talk to clients, again, we are focusing 01:01:41.486 --> 01:01:46.756 align:middle on the fact that very often, the enforcers are using either NEPA 01:01:46.756 --> 01:01:51.096 align:middle or title six or other statutes on the books to affect -- 01:01:51.096 --> 01:01:52.996 align:middle and obviously the environmental statutes 01:01:52.996 --> 01:01:56.416 align:middle to effectuate enforcement and permitting. 01:01:56.526 --> 01:01:59.676 align:middle We outline for companies that there are three major risks. 01:01:59.676 --> 01:02:02.726 align:middle You've got legal risk, you've got the financial risk, 01:02:02.906 --> 01:02:05.226 align:middle and then you've got reputational risk. 01:02:05.586 --> 01:02:09.276 align:middle So legal risk, I think we all, those of us on the phone, 01:02:09.276 --> 01:02:10.556 align:middle are very familiar with this. 01:02:10.556 --> 01:02:16.086 align:middle There's the challenge of citizen suits, lawsuits challenging EPA 01:02:16.086 --> 01:02:18.756 align:middle in its action or inaction and various things. 01:02:18.756 --> 01:02:21.766 align:middle All of that has operational consequences 01:02:21.766 --> 01:02:26.056 align:middle for various sectors and industries. 01:02:26.056 --> 01:02:29.816 align:middle You've -- and I'm sure Robin knows of dozens of cases 01:02:29.816 --> 01:02:34.456 align:middle of legal claims based in the due process clause 01:02:34.456 --> 01:02:36.356 align:middle or in the equal protection clause. 01:02:36.356 --> 01:02:41.116 align:middle You have some states that have created a state constitutional 01:02:41.116 --> 01:02:42.836 align:middle right to a clean environment, 01:02:42.836 --> 01:02:45.176 align:middle and there could be legal cases brought 01:02:45.176 --> 01:02:48.186 align:middle under those particular statutes. 01:02:48.186 --> 01:02:49.566 align:middle You have your Title VI claims, 01:02:49.566 --> 01:02:54.466 align:middle and I know EPA is working diligently to continue to look 01:02:54.466 --> 01:02:58.256 align:middle and address Title VI and disparate impacts, 01:02:58.256 --> 01:03:00.216 align:middle and those kinds of things through that construct. 01:03:00.216 --> 01:03:03.766 align:middle I think Marian Rutigliano is still with the agency focused 01:03:03.766 --> 01:03:06.156 align:middle on those areas, and so it's an opportunity again, 01:03:06.156 --> 01:03:10.086 align:middle for I think the enforcement corps, to look and examine, 01:03:10.086 --> 01:03:15.006 align:middle for opportunities to partner with EPA or expand, amplify some 01:03:15.006 --> 01:03:16.446 align:middle of the work that's happening there. 01:03:16.896 --> 01:03:20.486 align:middle And then the legal risk of regulatory uncertainty. 01:03:20.486 --> 01:03:24.316 align:middle Basically, we tell clients, even though there is no law, 01:03:24.396 --> 01:03:31.066 align:middle and even as you see policies come out of agencies like EPA, 01:03:31.066 --> 01:03:32.776 align:middle there's a chance that this is not going to go away 01:03:32.776 --> 01:03:34.256 align:middle with the election of a new president, 01:03:34.256 --> 01:03:36.856 align:middle and so it's not something that you can wait it out. 01:03:36.856 --> 01:03:40.336 align:middle For these and other risks, as companies begin to think 01:03:40.336 --> 01:03:44.546 align:middle about long-term capital plans, we advise them to think 01:03:44.546 --> 01:03:48.166 align:middle about the various ways that they can be protective of communities 01:03:48.166 --> 01:03:51.616 align:middle in the long term, as opposed to taking a risk, 01:03:51.616 --> 01:03:54.686 align:middle building a facility or expanding a facility in a way 01:03:54.686 --> 01:03:57.956 align:middle that is not protective, and then ultimately being 01:03:57.956 --> 01:04:01.156 align:middle on the wrong end of an enforcement action 01:04:01.156 --> 01:04:04.416 align:middle or not being able to get a permit renewed 01:04:04.416 --> 01:04:05.936 align:middle or not getting a permit at all. 01:04:06.376 --> 01:04:09.696 align:middle You heard Robin talk about the New York law that focused 01:04:09.696 --> 01:04:11.086 align:middle on cu -- or is now going to focus 01:04:11.086 --> 01:04:14.286 align:middle on cumulative impacts in EJ analysis. 01:04:14.286 --> 01:04:16.986 align:middle New Jersey was, I think, one of the first in the country 01:04:17.406 --> 01:04:20.026 align:middle to issue an environmental justice law 01:04:20.026 --> 01:04:22.156 align:middle where their state regulators can take away the permit 01:04:22.156 --> 01:04:25.506 align:middle if environmental justice considerations are not 01:04:25.506 --> 01:04:26.626 align:middle handled adequately. 01:04:26.626 --> 01:04:30.086 align:middle So again, those are all examples of legal risks. 01:04:30.086 --> 01:04:33.416 align:middle The financial risks, you know, this is easily summarized 01:04:33.416 --> 01:04:35.626 align:middle as an ounce of prevention is worth a pound of cure. 01:04:35.626 --> 01:04:38.536 align:middle When companies are investing literally millions, 01:04:38.536 --> 01:04:41.896 align:middle if not billions of dollars in projects 01:04:41.896 --> 01:04:47.316 align:middle or as they are thinking about, maybe even an enforcement action 01:04:47.316 --> 01:04:49.046 align:middle so they have to have new equipment and all 01:04:49.046 --> 01:04:50.186 align:middle of those kinds of things. 01:04:50.436 --> 01:04:53.536 align:middle We advise them it's best to think 01:04:53.536 --> 01:04:56.836 align:middle about what provides the most and greatest level of protection 01:04:56.836 --> 01:05:01.886 align:middle for a particular community because If you get started 01:05:01.886 --> 01:05:08.566 align:middle down a certain path that is not protective, and even we -- 01:05:08.566 --> 01:05:10.906 align:middle there was a -- for other presentations, 01:05:10.906 --> 01:05:14.246 align:middle I go through a case study, hypothetical case study, 01:05:14.246 --> 01:05:18.576 align:middle where a company only talks to the elected officials. 01:05:18.576 --> 01:05:21.076 align:middle They think everything is fine, and then lo and behold, 01:05:21.076 --> 01:05:24.056 align:middle members of the community that are actually on the ground 01:05:24.056 --> 01:05:27.326 align:middle that would be the ones actually having to deal 01:05:27.326 --> 01:05:30.866 align:middle with the pollution or whatever the adverse consequences are, 01:05:31.176 --> 01:05:34.916 align:middle they come in and object and that throws the time schedule 01:05:34.916 --> 01:05:37.756 align:middle for the project off and sometimes puts the time -- 01:05:37.756 --> 01:05:40.566 align:middle puts the whole project in jeopardy, 01:05:40.566 --> 01:05:43.526 align:middle so those are things again, from a financial perspective, 01:05:44.056 --> 01:05:51.746 align:middle the cost of delaying projects or adding equipment midway 01:05:51.746 --> 01:05:56.546 align:middle through as opposed to having an eye on opportunity to add them 01:05:56.546 --> 01:05:57.876 align:middle at the beginning of the project. 01:05:57.876 --> 01:06:01.706 align:middle Those are all things that could be very costly for companies, 01:06:01.706 --> 01:06:03.946 align:middle and then obviously, reputational risks. 01:06:03.946 --> 01:06:09.026 align:middle Again, I think this is why the real opportunity here is 01:06:09.026 --> 01:06:13.916 align:middle with all of the attention that the ordinary person now has 01:06:13.916 --> 01:06:15.506 align:middle about environmental justice, 01:06:15.506 --> 01:06:18.576 align:middle I think this is a great opportunity for companies 01:06:18.576 --> 01:06:23.226 align:middle to be influenced by non-lawyers, non-regulators, 01:06:23.296 --> 01:06:27.686 align:middle non-government entities, just folks that are their customers, 01:06:27.686 --> 01:06:30.626 align:middle the folks that are their stockholders, 01:06:30.626 --> 01:06:32.776 align:middle folks that are stakeholders. 01:06:32.776 --> 01:06:34.226 align:middle It's interesting. 01:06:34.306 --> 01:06:39.016 align:middle I just got an a call from my cousin who's an architect, 01:06:39.016 --> 01:06:40.826 align:middle and he said he wanted to sit down and talk 01:06:40.826 --> 01:06:43.376 align:middle about environmental justice, and so again, I don't know 01:06:43.376 --> 01:06:44.976 align:middle that that's something that normally would have been 01:06:44.976 --> 01:06:48.926 align:middle on his radar screen, but if you think about his work, 01:06:48.926 --> 01:06:51.996 align:middle and what he may be doing for companies that are building 01:06:51.996 --> 01:06:55.566 align:middle in certain areas, that is a demonstration 01:06:55.566 --> 01:06:59.486 align:middle of where a company's reputation of building in a right way, 01:06:59.486 --> 01:07:03.306 align:middle they're going to start bringing in vendors and others 01:07:03.306 --> 01:07:05.706 align:middle that are going to help them achieve that goal. 01:07:05.706 --> 01:07:09.356 align:middle So again, depending on where the company is on the spectrum, 01:07:09.646 --> 01:07:12.346 align:middle if they are at that higher level, and are concerned 01:07:12.346 --> 01:07:16.006 align:middle about their reputational risk, knowing that as a member 01:07:16.006 --> 01:07:18.916 align:middle of enforcement may be helpful, 01:07:18.916 --> 01:07:22.376 align:middle so that you can fashion a settlement agreement 01:07:22.626 --> 01:07:25.956 align:middle that might push them a little more, or maybe they're coming 01:07:25.956 --> 01:07:29.386 align:middle to the table and offering ideas and suggestions, 01:07:29.386 --> 01:07:31.576 align:middle just things for you to think about. 01:07:32.216 --> 01:07:36.096 align:middle Big question as to if we know environmental justice is the 01:07:36.096 --> 01:07:39.106 align:middle right thing to prioritize, why is it not being done? 01:07:39.106 --> 01:07:42.536 align:middle Here are some of the reasons I think companies may not 01:07:42.536 --> 01:07:44.616 align:middle understand why it's important. 01:07:44.616 --> 01:07:47.816 align:middle They may not know how they can be a part of the solution. 01:07:47.816 --> 01:07:52.866 align:middle It may be that they have angst that -- and let's face it. 01:07:53.356 --> 01:07:58.296 align:middle Communities that have been overburdened and had to suffer 01:07:58.296 --> 01:08:02.346 align:middle for years or decades with unclean water, 01:08:02.346 --> 01:08:07.046 align:middle dirty air that have led to a host of health 01:08:07.046 --> 01:08:10.326 align:middle and other concerns, high mortality rates, 01:08:10.326 --> 01:08:13.316 align:middle I would be angry too, and I think we need to make sure 01:08:13.316 --> 01:08:15.576 align:middle that we put environmental justice not just 01:08:15.576 --> 01:08:19.276 align:middle in a legal frame, but also in the frame of just 01:08:19.276 --> 01:08:23.496 align:middle as human beings, what is not equitable, what is not fair, 01:08:23.496 --> 01:08:29.056 align:middle and how angry any one of us would be if as all we are trying 01:08:29.056 --> 01:08:32.406 align:middle to do is be good parents, good stewards, good daughters, 01:08:32.406 --> 01:08:36.416 align:middle good sons, whatever it is, and take care of our families, 01:08:36.416 --> 01:08:39.456 align:middle if we are denied that opportunity because as we try 01:08:39.456 --> 01:08:44.266 align:middle to say that something is harmful to us, that will dirty our air 01:08:44.266 --> 01:08:49.036 align:middle or harm our ability to have clean water, and we are ignored 01:08:49.036 --> 01:08:53.586 align:middle in our continued attempts to advocate on our behalf, 01:08:53.586 --> 01:08:55.566 align:middle then yeah, folks are going to get angry, 01:08:55.566 --> 01:08:59.806 align:middle and that cannot be the thing that stops a solution. 01:08:59.806 --> 01:09:03.156 align:middle They are entitled to be angry in that space, and it's up to us 01:09:03.156 --> 01:09:07.706 align:middle or folks on this phone -- I say us when I was in government -- 01:09:08.246 --> 01:09:15.116 align:middle to recognize the righteousness in that anger and help be a part 01:09:15.116 --> 01:09:19.436 align:middle of the solution so that those angry feelings can be worked 01:09:19.436 --> 01:09:24.466 align:middle towards an opportunity to really provide some sort 01:09:24.466 --> 01:09:27.436 align:middle of protective solution for the company. 01:09:27.436 --> 01:09:31.016 align:middle Other reasons you can see here, a lack of resources. 01:09:31.076 --> 01:09:34.376 align:middle One of the big ones is how do you define success? 01:09:34.376 --> 01:09:37.026 align:middle And I think this may be one of the challenges for government. 01:09:37.506 --> 01:09:39.046 align:middle Communities want outcomes. 01:09:39.046 --> 01:09:41.516 align:middle They either want the permit adjusted, 01:09:41.516 --> 01:09:45.956 align:middle they want the facility shut down, they want it re-sited. 01:09:46.266 --> 01:09:47.336 align:middle They want an outcome. 01:09:47.336 --> 01:09:52.866 align:middle That's candidly a little scary for corporations 01:09:52.866 --> 01:09:54.976 align:middle because it's a less of what they control. 01:09:55.106 --> 01:09:58.146 align:middle And again, I'm not suggesting that's the right spot to be 01:09:58.146 --> 01:10:01.106 align:middle but very often corporations are, "Give us the list 01:10:01.106 --> 01:10:02.346 align:middle of what we're supposed to do. 01:10:02.346 --> 01:10:04.756 align:middle Tell us how to conduct the community engagement. 01:10:04.806 --> 01:10:08.706 align:middle Tell us how to do this, the scientific analysis. 01:10:08.706 --> 01:10:10.656 align:middle Tell us where to put the monitors. 01:10:10.656 --> 01:10:13.506 align:middle If we do all of that, is that going 01:10:13.506 --> 01:10:15.836 align:middle to meet the regulator's needs?" 01:10:15.836 --> 01:10:20.736 align:middle Sometimes it does, sometimes it doesn't, and so it's just again, 01:10:21.116 --> 01:10:23.986 align:middle communities and regulators need to come together 01:10:23.986 --> 01:10:26.106 align:middle and really identify what is success? 01:10:26.226 --> 01:10:29.856 align:middle So then again, as you enter -- engage the regulated community, 01:10:30.336 --> 01:10:32.896 align:middle you're on the same page and being able to make sure 01:10:32.896 --> 01:10:35.106 align:middle that that success is achieved. 01:10:35.106 --> 01:10:39.466 align:middle Robin talked about disproportionate impacts. 01:10:39.466 --> 01:10:42.346 align:middle This is another big question, which I thought was interesting 01:10:42.346 --> 01:10:44.776 align:middle as I talked to folks in the private sector trying 01:10:44.776 --> 01:10:48.006 align:middle to understand disproportionate to what? 01:10:48.006 --> 01:10:49.416 align:middle And so from this slide, hopefully, 01:10:49.416 --> 01:10:53.426 align:middle you can see some examples that I found in literature, 01:10:53.426 --> 01:10:57.716 align:middle particularly at the top one, if the statewide average 01:10:57.716 --> 01:11:02.116 align:middle for a level of promote pollution is six, and this average 01:11:02.116 --> 01:11:05.606 align:middle of pollution in communities of color is more than twice that, 01:11:06.046 --> 01:11:10.636 align:middle that's a disparate impact, disproportionate impact. 01:11:10.696 --> 01:11:15.306 align:middle And so again, I think there will be a whole subset of the course 01:11:15.336 --> 01:11:17.556 align:middle on this, but I just wanted to give some visuals, 01:11:17.556 --> 01:11:21.866 align:middle so in your minds, when people ask, "Disproportionate to what?" 01:11:22.236 --> 01:11:25.386 align:middle it's usually disproportionate to the state average, 01:11:25.386 --> 01:11:29.436 align:middle or to a majority population, so you can look to ensure 01:11:29.436 --> 01:11:35.216 align:middle that the minority population is not varying an over-amount 01:11:35.216 --> 01:11:38.906 align:middle of burden, given the statistics, and things there. 01:11:39.266 --> 01:11:40.806 align:middle I'm watching my time. 01:11:40.806 --> 01:11:43.516 align:middle I see we've got about 15 minutes left. 01:11:43.516 --> 01:11:45.326 align:middle These are two cases that I think many 01:11:45.326 --> 01:11:46.956 align:middle of you may be familiar with. 01:11:46.956 --> 01:11:49.976 align:middle They come largely from the energy space 01:11:49.976 --> 01:11:51.296 align:middle and my previous firm. 01:11:51.526 --> 01:11:53.766 align:middle We would track quite a bit some of the things 01:11:53.766 --> 01:11:57.416 align:middle that FERC was doing, so I just pulled them as an example, 01:11:57.946 --> 01:12:02.316 align:middle but this first case, Vecinos, again, you'll see at the bottom, 01:12:02.316 --> 01:12:07.656 align:middle the court gave the company the opportunity to cure, 01:12:07.656 --> 01:12:12.956 align:middle and I think it's largely because here, the company did try 01:12:12.956 --> 01:12:15.346 align:middle to do an environmental justice impact, 01:12:15.636 --> 01:12:18.066 align:middle but they only looked within two miles. 01:12:18.066 --> 01:12:20.286 align:middle They didn't look at the full impact 01:12:20.286 --> 01:12:23.406 align:middle of the particular project, but they at least took the step 01:12:23.406 --> 01:12:27.586 align:middle to conduct some sort of analysis. 01:12:27.586 --> 01:12:31.676 align:middle Again, wasn't -- didn't go far enough, but at least 01:12:31.676 --> 01:12:34.116 align:middle in my individual reading, it seemed as though 01:12:34.116 --> 01:12:36.596 align:middle that was somewhat persuasive to the judge, 01:12:36.596 --> 01:12:37.316 align:middle and they were given -- 01:12:37.316 --> 01:12:42.296 align:middle this company was given the opportunity to go back and cure 01:12:42.746 --> 01:12:46.956 align:middle in a way to ensure that their LNG facility would not create 01:12:46.956 --> 01:12:49.676 align:middle adverse impacts for an EJ community. 01:12:49.676 --> 01:12:51.546 align:middle On the other end of that, I think we're all familiar 01:12:51.546 --> 01:12:53.646 align:middle with Friends of Buckingham. 01:12:53.646 --> 01:12:57.446 align:middle This is one where the board just blatantly failed 01:12:57.696 --> 01:13:01.056 align:middle to do an adequate environmental justice analysis. 01:13:01.056 --> 01:13:03.686 align:middle Many have described it as a check the box exercise, 01:13:03.686 --> 01:13:09.106 align:middle and so again, there, the board decided, you did not do enough, 01:13:09.256 --> 01:13:11.586 align:middle you need to go back, you need to start over. 01:13:11.806 --> 01:13:13.246 align:middle And as a result of that, ultimately, 01:13:13.246 --> 01:13:14.616 align:middle this project was pulled. 01:13:14.616 --> 01:13:19.356 align:middle Again, that's an opportunity of the financial risks not landing 01:13:19.356 --> 01:13:24.586 align:middle or landing poorly for the company in that regard. 01:13:24.586 --> 01:13:29.796 align:middle So with that, I see I guess we have maybe 15 minutes 01:13:29.796 --> 01:13:31.876 align:middle or so for questions. 01:13:31.876 --> 01:13:34.586 align:middle I'm going to turn it back to Cynthia and see 01:13:34.586 --> 01:13:37.306 align:middle if we can open it up for folks. 01:13:42.486 --> 01:13:43.276 align:middle >> Thank you, Gwen. 01:13:43.276 --> 01:13:45.016 align:middle And also thank you, Robin. 01:13:45.016 --> 01:13:50.216 align:middle I think Jennifer is going to help moderate our Q&A session. 01:13:50.286 --> 01:13:55.166 align:middle >> Yes, so I have one question for my from myself, 01:13:55.166 --> 01:13:57.126 align:middle but I'm going to take one from the audience first, 01:13:57.126 --> 01:14:00.856 align:middle and I encourage others also to put them in the chat. 01:14:01.116 --> 01:14:03.836 align:middle We have one question from the audience. 01:14:03.836 --> 01:14:06.686 align:middle What are the thoughts on how to address impacts 01:14:06.686 --> 01:14:08.796 align:middle to environmental justice communities 01:14:09.156 --> 01:14:14.306 align:middle from existing permitted and/or grandfather facilities? 01:14:14.546 --> 01:14:18.276 align:middle Are we limited to the tools of compliance and enforcement? 01:14:19.326 --> 01:14:25.696 align:middle I'm sure this can be directed at, you know, Robin or Gwen, 01:14:26.206 --> 01:14:29.406 align:middle either of your current or former capacities. 01:14:31.016 --> 01:14:34.916 align:middle >> Gwen, why don't you start and I'll tag 01:14:34.916 --> 01:14:36.996 align:middle on to your answer, if you don't mind. 01:14:37.256 --> 01:14:39.366 align:middle >> Sure. So I think this -- 01:14:39.366 --> 01:14:42.556 align:middle well, obviously from the enforcement angle, you heard EPA 01:14:42.556 --> 01:14:47.876 align:middle through administrator Regan and subsequently through a memo 01:14:47.876 --> 01:14:51.096 align:middle from Larry Starfield, the current acting AA 01:14:51.096 --> 01:14:55.066 align:middle until Dave Ullman gets through with his nomination. 01:14:55.066 --> 01:14:58.186 align:middle There's going to be more inspections, 01:14:58.506 --> 01:15:02.306 align:middle and so we tell companies, you need to be prepared for that, 01:15:02.306 --> 01:15:04.406 align:middle so getting out, getting on the grounds, 01:15:04.406 --> 01:15:08.486 align:middle ensuring that they are meeting the statutes 01:15:08.486 --> 01:15:13.216 align:middle and regulations is a key way to evaluate things. 01:15:13.216 --> 01:15:14.826 align:middle I think that was a little challenging 01:15:14.826 --> 01:15:16.556 align:middle at least earlier during the pandemic, 01:15:16.556 --> 01:15:19.666 align:middle but they found creative ways to do virtual inspections 01:15:19.666 --> 01:15:21.216 align:middle through whether it's through Jones, 01:15:21.216 --> 01:15:25.266 align:middle or folks holding video conferencing cameras to be able 01:15:25.266 --> 01:15:27.686 align:middle to inspect things, so again, as regulators, 01:15:28.056 --> 01:15:29.126 align:middle I think there's an opportunity 01:15:29.126 --> 01:15:32.336 align:middle and we've seen several folks be creative. 01:15:32.336 --> 01:15:34.626 align:middle If you do that type of inspection, and then see 01:15:34.626 --> 01:15:38.826 align:middle that they are still needing code, but there's an opportunity 01:15:38.826 --> 01:15:44.536 align:middle to do more, that might be where you, you know, 01:15:44.536 --> 01:15:45.896 align:middle this is where we would get creative. 01:15:45.896 --> 01:15:47.476 align:middle When I was Regional Administrator, 01:15:47.566 --> 01:15:51.336 align:middle I would call the CEO or the president and say, 01:15:51.336 --> 01:15:52.526 align:middle "Hey, can we sit down?" 01:15:52.816 --> 01:15:54.526 align:middle Never underestimate the power 01:15:54.526 --> 01:15:57.336 align:middle of a government official's call to a company leader. 01:15:57.336 --> 01:16:00.596 align:middle And c) can we talk about this? 01:16:00.596 --> 01:16:01.806 align:middle Your community is saying this. 01:16:01.926 --> 01:16:04.886 align:middle It seems as though you're doing a great job with the inspection. 01:16:04.886 --> 01:16:10.266 align:middle I think that's great, but can we talk about something else? 01:16:10.266 --> 01:16:11.396 align:middle This is the -- and you never know. 01:16:11.396 --> 01:16:15.366 align:middle Sometimes that worked in various situations, 01:16:15.366 --> 01:16:18.256 align:middle and sometimes it didn't, and when it doesn't work, 01:16:18.256 --> 01:16:21.086 align:middle then again, never forget, you still have that stick in terms 01:16:21.086 --> 01:16:25.386 align:middle of the enforcement angle, but so those are some thoughts 01:16:25.386 --> 01:16:29.546 align:middle that come to mind that we tried to do when I was RA. 01:16:29.546 --> 01:16:32.006 align:middle >> Yeah, that's -- it's really a good question. 01:16:32.006 --> 01:16:36.846 align:middle Thank you, Gwen, for your leadership on that. 01:16:37.196 --> 01:16:40.196 align:middle I would add to what you'd say -- 01:16:40.196 --> 01:16:41.946 align:middle what you've just said in a couple of ways. 01:16:41.946 --> 01:16:49.246 align:middle It is possible to ask an existing facility, 01:16:49.246 --> 01:16:52.276 align:middle as Gwen has said, to do more, and there are good reasons 01:16:52.276 --> 01:16:57.886 align:middle as Gwen outlined, for a facility to do more, to want to do more. 01:16:57.886 --> 01:16:59.486 align:middle It makes good sense. 01:16:59.486 --> 01:17:03.446 align:middle I think a lawyer for compliance is serving the client well 01:17:03.446 --> 01:17:06.776 align:middle to make those kinds of arguments. 01:17:06.776 --> 01:17:09.856 align:middle And then in terms of implementing them, 01:17:09.856 --> 01:17:14.176 align:middle I would suggest a protocol of early outreach to communities. 01:17:14.386 --> 01:17:19.776 align:middle Don't wait for something to blow up or -- 01:17:19.776 --> 01:17:24.436 align:middle literally or figuratively, but to reach out to communities 01:17:24.436 --> 01:17:27.266 align:middle to begin that engagement process. 01:17:27.266 --> 01:17:30.386 align:middle And I say do that with help. 01:17:30.466 --> 01:17:36.146 align:middle People like Gwen can assist in early, robust, 01:17:36.146 --> 01:17:39.116 align:middle important community engagement. 01:17:39.216 --> 01:17:43.056 align:middle The other thought that I had about this question is 01:17:43.056 --> 01:17:46.916 align:middle to remind the audience that compliance 01:17:47.016 --> 01:17:50.476 align:middle with the environmental laws does not mean 01:17:50.476 --> 01:17:52.966 align:middle that there is automatically compliance 01:17:52.966 --> 01:17:56.186 align:middle with the civil rights laws, and one of the things 01:17:56.186 --> 01:18:02.946 align:middle that people need to start being sensitive to and looking for, 01:18:03.356 --> 01:18:07.066 align:middle is the possibility that even though a facility is 01:18:07.066 --> 01:18:12.596 align:middle in compliance with its permit, it may still be acting in ways 01:18:12.666 --> 01:18:15.626 align:middle that violate Title VI. 01:18:15.626 --> 01:18:19.386 align:middle That is something that you should expect to see coming 01:18:19.646 --> 01:18:22.226 align:middle out of EPA's Office of Civil Rights 01:18:22.226 --> 01:18:25.356 align:middle and external civil rights compliance. 01:18:25.786 --> 01:18:27.976 align:middle Thanks. 01:18:28.256 --> 01:18:31.616 align:middle >> That's great. 01:18:31.616 --> 01:18:32.526 align:middle Thank you both. 01:18:33.256 --> 01:18:36.446 align:middle We have another question about community outreach, 01:18:36.446 --> 01:18:38.276 align:middle and I just wanted to preface this by saying 01:18:38.276 --> 01:18:41.896 align:middle that for everybody who's participated today, 01:18:41.896 --> 01:18:46.176 align:middle we do have a session as part of our webinar series 01:18:46.176 --> 01:18:49.396 align:middle on community outreach, which also will touch 01:18:49.396 --> 01:18:53.746 align:middle on language access and ensuring that we're acting 01:18:53.746 --> 01:18:55.686 align:middle in a culturally competent manner. 01:18:55.686 --> 01:19:00.736 align:middle That session you may have seen in the agenda, it's on May 17th, 01:19:00.836 --> 01:19:03.346 align:middle from 3:00 to 4:30 Eastern. 01:19:03.346 --> 01:19:06.296 align:middle So I do encourage you, as one of the pillars 01:19:06.336 --> 01:19:08.636 align:middle of environmental justice, 01:19:08.636 --> 01:19:11.846 align:middle advancing environmental justice principles, 01:19:11.846 --> 01:19:15.646 align:middle as Robin has mentioned, we want to make sure that you're aware 01:19:15.646 --> 01:19:17.086 align:middle of that community outreach session. 01:19:17.086 --> 01:19:19.286 align:middle So with that, we do have a question. 01:19:19.506 --> 01:19:23.246 align:middle What efforts and strategies are being implemented or plan 01:19:23.246 --> 01:19:26.106 align:middle to proactively reach out to impacted communities? 01:19:26.106 --> 01:19:29.496 align:middle And maybe this is a little bit what you were hinting at, Robin, 01:19:29.836 --> 01:19:33.616 align:middle in kind of the best practices 01:19:33.616 --> 01:19:38.006 align:middle that EPA is promoting in this area. 01:19:38.006 --> 01:19:41.136 align:middle >> Well, there are a couple of ways 01:19:41.136 --> 01:19:46.006 align:middle in which communities make their concerns known and one 01:19:46.006 --> 01:19:48.696 align:middle of the most important is through the NEJAC, 01:19:48.696 --> 01:19:51.786 align:middle the National Environmental Justice Advisory Committee, 01:19:51.786 --> 01:19:52.906 align:middle which meets regularly. 01:19:53.116 --> 01:19:57.196 align:middle They have monthly telephone calls. 01:19:57.196 --> 01:20:02.366 align:middle They also participate in a robust way with EPA on a -- 01:20:02.366 --> 01:20:08.166 align:middle I think it is at least a monthly basis through the workgroups 01:20:08.406 --> 01:20:13.516 align:middle and other kinds of outreach efforts. 01:20:13.516 --> 01:20:19.286 align:middle In addition, the agency is starting to think about how 01:20:19.286 --> 01:20:24.206 align:middle to be proactive in its civil rights compliance, 01:20:24.206 --> 01:20:27.196 align:middle and I think we're in the early stages of that, 01:20:27.246 --> 01:20:31.286 align:middle partly because as you all may or may not know, 01:20:31.286 --> 01:20:35.596 align:middle the Civil Rights Division is drastically understaffed, 01:20:36.266 --> 01:20:42.056 align:middle and our headquarters office only has 12 people in it, 01:20:42.176 --> 01:20:48.086 align:middle but what we are trying to think about how to wrap our arms 01:20:48.086 --> 01:20:51.456 align:middle around with the help of the regions is how 01:20:51.456 --> 01:20:55.686 align:middle to be more proactive and reaching out to the recipients 01:20:55.686 --> 01:21:00.876 align:middle of federal funds, and alerting them to the need to comply 01:21:00.956 --> 01:21:05.596 align:middle with our civil rights statutes and rules. 01:21:05.596 --> 01:21:10.756 align:middle In terms of what actual businesses 01:21:10.756 --> 01:21:14.966 align:middle and industries are doing to reach out to communities, 01:21:14.966 --> 01:21:19.096 align:middle I'll turn that one over to Gwen for some ideas. 01:21:20.076 --> 01:21:22.706 align:middle >> Before I go into that, one of the things again, 01:21:22.706 --> 01:21:28.116 align:middle I would encourage folks to do is think outside the box, 01:21:28.116 --> 01:21:31.446 align:middle the traditional government box, and do that in two ways. 01:21:31.446 --> 01:21:35.486 align:middle You heard Robin say early on, she was talking about -- 01:21:35.486 --> 01:21:38.196 align:middle or maybe it was Cynthia that was talking about the talk 01:21:38.196 --> 01:21:41.986 align:middle from Vernice Miller-Travis and how communities, when they look 01:21:41.986 --> 01:21:44.996 align:middle at DOJ, they don't look at it as the Civil Rights Division 01:21:44.996 --> 01:21:49.626 align:middle or ENRD or an anti-trust, or any of the other divisions. 01:21:49.626 --> 01:21:54.226 align:middle They see it as DOJ, and so when I was Regional Administrator, 01:21:54.226 --> 01:21:56.436 align:middle one of the things that we would do is when we would go 01:21:56.436 --> 01:21:59.086 align:middle to a community, particularly one in North Birmingham 01:21:59.456 --> 01:22:01.096 align:middle where they had multiple concerns -- 01:22:01.096 --> 01:22:05.216 align:middle it started as a Clean Air Act concern under Lisa Jackson 01:22:05.216 --> 01:22:08.016 align:middle and then grew into Superfund and water concerns 01:22:08.016 --> 01:22:10.986 align:middle and other things -- we had our teams going 01:22:11.196 --> 01:22:14.396 align:middle out on different days and at different times 01:22:14.396 --> 01:22:16.216 align:middle and talking to the same folks. 01:22:16.216 --> 01:22:19.966 align:middle Well, again, think about it from the community's perspective, 01:22:19.966 --> 01:22:22.586 align:middle and once we did, we started going 01:22:22.586 --> 01:22:26.776 align:middle out as the whole federal family within EPA. 01:22:27.166 --> 01:22:30.836 align:middle One meeting, so again, the constituents aren't having 01:22:30.836 --> 01:22:34.326 align:middle to meet this week on Tuesday, next week on Thursday, you know, 01:22:34.326 --> 01:22:37.096 align:middle two weeks from now in the middle of the day, 01:22:37.096 --> 01:22:38.406 align:middle when they might have to work. 01:22:38.646 --> 01:22:43.866 align:middle We synergized ourselves to be in one spot for them as a means 01:22:43.866 --> 01:22:46.026 align:middle to be a little bit more convenient. 01:22:46.076 --> 01:22:48.766 align:middle We did the same thing when we expanded beyond the 01:22:48.766 --> 01:22:51.866 align:middle environmental services that EPA could provide, 01:22:51.866 --> 01:22:55.056 align:middle and brought in the Department of Transportation, the Department 01:22:55.056 --> 01:22:59.416 align:middle of Health and Human Services, so for those of you that may be 01:22:59.416 --> 01:23:03.026 align:middle in regions, reach out to your other regional counterparts. 01:23:03.026 --> 01:23:06.866 align:middle These communities need more than just what may be able 01:23:06.866 --> 01:23:10.706 align:middle to be provided through either EPA or DOI or some of the others 01:23:10.706 --> 01:23:14.816 align:middle in that environmental space, they could need other services 01:23:14.816 --> 01:23:18.266 align:middle that would then help alleviate some of the conditions leading 01:23:18.266 --> 01:23:20.906 align:middle to some of these environmental problems. 01:23:20.906 --> 01:23:25.146 align:middle But from a private perspective, or one of the other things -- 01:23:25.146 --> 01:23:29.456 align:middle I'm sorry -- that we did is we started convening quarterly 01:23:29.456 --> 01:23:31.596 align:middle state environmental justice calls. 01:23:31.596 --> 01:23:33.656 align:middle So we would hear from communities that they would try 01:23:33.656 --> 01:23:35.976 align:middle to call various states and not get any attention. 01:23:36.326 --> 01:23:38.676 align:middle Again, using the power of the position of the RA, 01:23:38.676 --> 01:23:41.276 align:middle I'm going to call the state regulator. 01:23:41.276 --> 01:23:44.436 align:middle You're coming to a meeting with me with this community. 01:23:44.436 --> 01:23:47.386 align:middle And so it made the regulators a little uncomfortable but again, 01:23:47.386 --> 01:23:52.726 align:middle once you start the dialogue and begin to use that federal power 01:23:52.726 --> 01:23:56.796 align:middle to convene organizations or convene groups, you can start 01:23:56.796 --> 01:23:59.186 align:middle to make some magic happen if folks are really in it 01:23:59.186 --> 01:24:01.366 align:middle for the right reasons and are willing to be creative. 01:24:01.366 --> 01:24:04.856 align:middle On the business side, you know, I'm realizing it's not 01:24:04.856 --> 01:24:07.866 align:middle as easy now that you don't have the government title. 01:24:07.866 --> 01:24:09.986 align:middle Very often communities don't want to hear 01:24:09.986 --> 01:24:12.926 align:middle from a plant manager or other, 01:24:12.926 --> 01:24:15.256 align:middle so you have to meet people where they are. 01:24:15.256 --> 01:24:16.746 align:middle You have to work slowly. 01:24:16.746 --> 01:24:19.916 align:middle The biggest thing is you have to build trust. 01:24:19.916 --> 01:24:23.546 align:middle You can't go in and dictate like you know the answers. 01:24:23.546 --> 01:24:28.476 align:middle You have to listen first, and then come back with suggestions, 01:24:28.476 --> 01:24:32.146 align:middle ideas or other things, so that's one of the biggest things 01:24:32.146 --> 01:24:34.786 align:middle that I'm realizing on this side without the power 01:24:34.786 --> 01:24:37.716 align:middle of that convening authority of the government. 01:24:38.036 --> 01:24:40.296 align:middle You got to find another way to build trust. 01:24:43.776 --> 01:24:50.956 align:middle >> So, both of your responses key off of our next question, 01:24:50.956 --> 01:24:53.666 align:middle which is exactly what you just ended with, Gwen, 01:24:53.666 --> 01:24:58.616 align:middle and that is how does an office or an individual attorney 01:24:58.616 --> 01:25:01.106 align:middle or team build that trust 01:25:01.106 --> 01:25:03.546 align:middle with a community that's historically 01:25:03.546 --> 01:25:05.086 align:middle been disenfranchised? 01:25:05.426 --> 01:25:07.056 align:middle You mentioned kind of going slow, 01:25:07.056 --> 01:25:08.706 align:middle meeting people where they are. 01:25:08.706 --> 01:25:12.046 align:middle As the questioner said, sometimes outreach isn't enough. 01:25:12.456 --> 01:25:15.576 align:middle So are things that you'd recommend? 01:25:15.576 --> 01:25:16.456 align:middle >> So I -- yeah. 01:25:16.456 --> 01:25:21.646 align:middle I tell people it's like any other relationship 01:25:21.646 --> 01:25:22.576 align:middle where you build trust. 01:25:22.576 --> 01:25:24.346 align:middle You're not going to automatically sit 01:25:24.346 --> 01:25:26.796 align:middle down to someone on a first date and be like, cool, bet -- 01:25:26.796 --> 01:25:29.936 align:middle we're, you know, I trust you completely. 01:25:30.176 --> 01:25:34.216 align:middle They need to prove to you that they are worthy of your trust, 01:25:34.216 --> 01:25:38.366 align:middle and I think that's something we miss or we think doesn't exist 01:25:38.366 --> 01:25:42.936 align:middle in EJ circumstances, but the challenge is, 01:25:42.936 --> 01:25:44.026 align:middle they have more reasons 01:25:44.026 --> 01:25:47.526 align:middle to distrust either the private sector or government 01:25:47.526 --> 01:25:50.446 align:middle than they do to trust, so it's going to take a while 01:25:50.446 --> 01:25:55.096 align:middle to be there, to show up to listen, and listen, 01:25:55.096 --> 01:25:58.836 align:middle not just listen and walk away, listen and come back, 01:25:58.836 --> 01:26:00.146 align:middle actually be responsive. 01:26:00.146 --> 01:26:03.756 align:middle Say, hey, I heard you wanted x, y, and z. I went back. 01:26:03.756 --> 01:26:04.616 align:middle I researched it. 01:26:04.716 --> 01:26:10.136 align:middle I can do y. I'm having trouble with z. X might not be possible 01:26:10.136 --> 01:26:12.866 align:middle through legal authority, but I wanted to come back 01:26:12.866 --> 01:26:13.876 align:middle and tell you what I found. 01:26:13.926 --> 01:26:18.446 align:middle That sort of repeated cycle is what eventually will build, 01:26:18.446 --> 01:26:21.736 align:middle hopefully build the type of trust, but folks have 01:26:21.736 --> 01:26:24.666 align:middle to realize, as in any relationship, 01:26:24.666 --> 01:26:29.656 align:middle when you have been given reason not to trust, you quickly get 01:26:29.656 --> 01:26:33.676 align:middle to that spot of I need to see proof and even in the face 01:26:33.676 --> 01:26:37.696 align:middle of that, I may trust, but then I'm going to verify, 01:26:37.696 --> 01:26:47.956 align:middle so it's just going to take time. 01:26:47.956 --> 01:26:50.146 align:middle >> Robin, did you want to add to that? 01:26:50.146 --> 01:26:53.536 align:middle >> No, I just -- I think that the key words are, listen, 01:26:54.736 --> 01:26:56.676 align:middle and I might add this one other thought. 01:26:56.856 --> 01:26:59.976 align:middle Bring something that they can believe in. 01:27:01.246 --> 01:27:03.716 align:middle Bring something with you that is tangible 01:27:03.716 --> 01:27:06.626 align:middle and real that you're offering. 01:27:06.626 --> 01:27:10.036 align:middle You know, these are communities that have done a lot 01:27:10.036 --> 01:27:14.896 align:middle with nothing at all, and you know, just to as a show 01:27:14.896 --> 01:27:18.476 align:middle of good faith, give them something, give them a reason 01:27:18.726 --> 01:27:22.316 align:middle to want to talk to you. 01:27:22.316 --> 01:27:25.846 align:middle I'm thinking for example, there are communities that are looking 01:27:25.846 --> 01:27:29.696 align:middle for help in terms of health monitoring. 01:27:30.086 --> 01:27:33.726 align:middle They're faced with very serious health consequences 01:27:33.726 --> 01:27:36.226 align:middle from something a facility is emitting. 01:27:36.546 --> 01:27:40.636 align:middle Well, be prepared to offer something that meets them 01:27:40.636 --> 01:27:43.446 align:middle where they are, why they should believe you, 01:27:43.726 --> 01:27:47.716 align:middle fence line monitoring, health monitoring, 01:27:47.716 --> 01:27:50.176 align:middle some other sort of tangible benefit. 01:27:51.496 --> 01:27:52.766 align:middle Just some thoughts. 01:27:52.996 --> 01:27:55.686 align:middle Thank you. 01:27:55.996 --> 01:28:00.336 align:middle >> We are almost at the bottom of our time at 3:30, 01:28:00.336 --> 01:28:03.476 align:middle but we actually have several messages. 01:28:03.476 --> 01:28:05.916 align:middle Gwen and Robin and Cynthia, would you be willing to stay 01:28:05.916 --> 01:28:07.356 align:middle on a little bit longer? 01:28:07.666 --> 01:28:12.396 align:middle >> I unfortunately have a client call at 3:30, but I -- 01:28:12.396 --> 01:28:15.096 align:middle you're more than welcome to -- if it's appropriate, 01:28:15.096 --> 01:28:17.386 align:middle and folks want to reach out, and I got to realize I'm 01:28:17.386 --> 01:28:19.636 align:middle at a new firm, and I don't want to mess 01:28:19.706 --> 01:28:22.626 align:middle up any client confidences that I don't even know about yet, 01:28:22.836 --> 01:28:28.786 align:middle but I would be happy to at least speak from my perspective 01:28:28.786 --> 01:28:31.436 align:middle as a government -- former government official, 01:28:31.436 --> 01:28:33.736 align:middle if it may be helpful for folks, 01:28:33.736 --> 01:28:36.396 align:middle recognizing you all will have confidences on your end, too, 01:28:36.396 --> 01:28:38.846 align:middle so it might be an interesting conversation, but we'll do 01:28:38.846 --> 01:28:41.576 align:middle that dance if it would be helpful. 01:28:41.576 --> 01:28:45.026 align:middle >> Unfortunately, I also have a hard stop at 3:30. 01:28:45.026 --> 01:28:47.246 align:middle I've got to hop to another call. 01:28:47.246 --> 01:28:47.966 align:middle >> I'm sorry. 01:28:47.966 --> 01:28:51.166 align:middle That is perfectly understandable. 01:28:51.436 --> 01:28:54.026 align:middle Well, I'm going to stop it right there then 01:28:54.316 --> 01:28:59.886 align:middle and just give you my hearty thanks and well-wishes 01:28:59.886 --> 01:29:03.296 align:middle for you both in your new position, Gwen, and of course 01:29:03.366 --> 01:29:07.496 align:middle in your new partner position, Robin, and of course, 01:29:07.546 --> 01:29:14.576 align:middle thank you to Cynthia, who we are so fortunate to have in ENRD. 01:29:14.576 --> 01:29:17.486 align:middle I know there are questions that didn't get answered, 01:29:17.606 --> 01:29:21.976 align:middle and we are excited for everyone's enthusiasm. 01:29:22.166 --> 01:29:24.916 align:middle We look forward to the rest of our webinar series 01:29:25.006 --> 01:29:28.636 align:middle on environmental justice and climate change, 01:29:28.776 --> 01:29:32.116 align:middle and welcome you back to all the other sessions 01:29:32.116 --> 01:29:33.326 align:middle that we'll be following. 01:29:33.326 --> 01:29:36.356 align:middle Thank you so much and have a great day everybody. 01:29:36.356 --> 01:29:37.766 align:middle >> Thank you. 01:29:37.766 --> 01:29:38.396 align:middle >> Bye, everybody. 01:29:38.396 --> 01:29:39.096 align:middle >> Bye-bye. 01:29:39.096 --> 01:29:40.086 align:middle >> Thank you 01:29:40.086 --> 01:29:41.126 align:middle >> Thank you.