Law360 Quotes Stacey Mitchell on Biden Admin Environmental Justice Measures

For its article “Biden Enviro Justice Goals Driving Big Enforcement Changes,” Law360 quoted Akin Gump partner and ESG and climate groups co-leader Stacey Mitchell.

The article discusses ways in which the Biden-Harris administration, including the Environmental Protection Agency (EPA) and the Department of Justice (DOJ), is making progress in promoting environmental justice through enforcement of pollution laws.

It notes that DOJ’s environmental justice measures include reviving use of supplemental environmental projects (SEPs) in consent decrees, which had been banned during the Trump years.

Mitchell, who served as EPA Deputy General Counsel, said that SEPs can provide a community with relief that directly addresses harm from pollution in an area, noting that SEPs are a more-thoughtful way to implement an enforcement agreement: “The defendant entity pays its penalty and comes into compliance, but then additionally identifies ways in which to further remediate those same emissions on a community. And to the extent that fits within that policy, they are just really great ways to do that.”

On the topic of funding for EPA enforcement activities, which the article notes has declined since 2007, Mitchell said that, even if the administration does not get all the resources it has requested from Congress, it is likely that the rate of criminal and civil enforcement actions will continue to rise.

She did note, however, that Congress has still not confirmed President Biden’s nominee to lead EPA’s Office of Enforcement and Compliance Assurance, David Uhlmann: “It's important to get David Uhlmann confirmed because having somebody in the OECA position who is advocating for additional and necessary resources, and who by his background appreciates the need for those, will be very helpful.”