B&D Principal Julius M. Redd was quoted on environmental justice (EJ) in two recent articles, “Taking Stock of Biden’s Early Environmental Justice Reforms” in Audubon and “Environmental Justice Bill Sharpens Civil Rights Litigation Tool” in Bloomberg Law. Both pieces focus on legislation and governmental approaches to EJ reforms.

In Bloomberg, Julius comments on The Environmental Justice For All Act, which would amend Title VI of the Civil Rights Act of 1964, changing U.S. Supreme Court precedent and creating new avenues to fight environmental-based discrimination. The Act’s Title VI provisions may create new litigation risks for companies.

“The regulated community is paying attention to determine what risk it may pose to how they operate their businesses,” Julius says, adding that companies should work with their attorneys to understand the specific characteristics of the communities in which they operate in order to mitigate new litigation risks.

In Audubon, Julius discusses the new administration’s establishment of two White House councils focusing on EJ and the impact they might have on EJ communities. He explains that these councils, coupled with the administration’s enforcement prioritization, may motivate businesses to change how they operate: “If corporations know that there are these prosecutorial agencies out there that have prosecutorial discretion to bring enforcement cases,” he says, “that's a pretty big incentive to alter your behavior and ensure you are considering the ramifications of your actions on communities in which you operate.”