Montgomery, AL – Attorney General Steve Marshall, along with a coalition of 23 states, has filed a petition demanding that the Biden administration modify its Environmental Protection Agency’s (EPA) Title VI regulations. The focus of contention lies in what the coalition describes as “disparate impact” regulations, which they argue are being utilized to further racially discriminatory “environmental justice” initiatives.
Title VI of the Civil Rights Act of 1964 was established to prevent discrimination based on race, color, or national origin in programs receiving federal funding. However, the coalition asserts that since President Biden took office, the EPA has expanded its interpretation of Title VI, using it to advance what they term as “environmental justice.” According to the coalition, this approach effectively prompts states to engage in what they describe as “racial engineering” in decision-making processes such as issuing environmental permits.
The coalition’s petition raises concerns over the legality of the EPA’s regulations, citing skepticism from the U.S. Supreme Court regarding their validity. The Court has reportedly suggested that the regulations may be at odds with the principle of forbidding intentional discrimination. Furthermore, the attorneys general argue that the regulations may even violate the Equal Protection Clause. They note that the Trump administration had previously proposed revisions to similar Title VI regulations within the Department of Justice to remove disparate impact provisions, a proposal which the Biden administration withdrew upon taking office.
In their petition, the attorneys general urge the EPA to revise its Title VI regulations to align with the original understanding of Title VI and the Equal Protection Clause. They argue that by imposing disparate impact liability where it is not mandated by statute, the EPA’s regulations compel states to engage in unconstitutional discrimination against their citizens.
Attorney General Marshall, along with Florida, spearheaded this petition, joined by attorneys general from a diverse array of states including Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. Their collective action underscores the widespread concern among state officials regarding the implementation of these regulations and their potential implications.
