**Will Louisiana v. EPA change environmental justice?**

By: Madeline Cintron

Fresh air and blue sky are a stark contrast to the heavy smog and toxic pollutants that people across the United States regularly dealt with before the Clean Air Act (CAA).[1] Environmental statutes like the CAA help create healthier spaces across the United States.[2] However, even with environmental statutes and regulations, there are people across the country who are surrounded by dirty air and/or are heavily impacted by other forms of pollutants.[3] From the beginning, environmental protection has not been applied equally across the United States.[4] Historically, “minority, and low income populations [have] bear[ed] a higher environmental risk burden than the general population.”[5]

Executive Action Remains the Federal Strategy for Environmental Justice

By Journal Editor

On October 2, 2023

In News & Announcements

By: Blythe Pabon

Executive Action Remains the Federal Strategy for Environmental Justice

On April 21, 2023, President Biden signed Executive Order 14096 to “revitalize our nation’s commitment to environmental justice for all.”[1] The Order strengthens a 1994 Clinton Executive Order, creates a new White House Office of Environmental Justice, and directs all federal agencies to make environmental justice central to their mission.[2]

Offshore Wind in Lake Michigan and the Illinois Public Trust Doctrine

By Journal Editor

On October 14, 2022

In News & Announcements

By: Joseph Garza

From Rust Belt to Green Belt

Illinois lawmakers’ proposal to transform Chicago into a powerhouse of offshore wind energy production faces a critical legal challenge in the public trust doctrine. This proposal marks an important step for Illinois as it transitions from fossil fuels towards a future based in renewables.^[1] HB4543, dubbed the Rust Belt to Green Belt Pilot Program Act (the Act), aims to bring offshore wind to Chicago in the most equitable way possible. The Act plans to focus new jobs created by this development to the south side of the city, whose workforce had once been heavily involved in the now-abandoned steel industry.^[2] This goal is especially important in a city dealing with a troubling past devoid of environmental justice for marginalized communities.^[3] With the Act going through its public participation stage, it is important to address one of its largest areas of opposition: the public trust doctrine.

Chicago is Losing its Duel with Climate Change: Water Levels Rise and Infrastructure Fails

By Journal Editor

On October 1, 2022

In News & Announcements

By: Caitlin Federici

A warming climate has led to drastic swings in the water levels of Lake Michigan. Warmer temperatures lead to more evaporation and record-low water levels.^[1] Colder temperatures mean reduced evaporation and greater ice cover resulting in record-high water levels.^[2] While climate change causes the earth’s climate to trend warmer on average, these trends do not always manifest in a linear fashion. For instance, when warm air from the tropics moves too far north, it can disrupt the balance of the polar vortex sending blasts of arctic air much farther south than it would otherwise reach.^[3] In Chicago, an unstable polar vortex equates to frigid winters and rising levels in Lake Michigan; multiple consecutive years of such instability can produce record-high water levels.^[4]

Illinois Court Pauses Dakota Access Pipeline Expansion

By Journal Editor

On February 15, 2022

In News & Announcements

The Dakota Access, LLC, and Energy Transfer Crude Oil Company, LLC (collectively, “the carriers”), own the Dakota Access Pipeline that runs from North Dakota to southern Illinois.^[1] The carriers submitted a plan to the Illinois Commerce Commission (“Commission”) to add additional pumping states in Illinois to accommodate the 2020 approval by North Dakota Regulators expanding the capacity of the pipeline from 570,000 to 1.1 million barrels per day.^[2] The Commission granted the carrier’s petition and Save Our Illinois Land (“SOIL”), one of the environmental groups opposed to the petition, filed for a rehearing which the Commission denied.^[3]

Illinois’ Electric Vehicle Bill Could Harm the Communities it Aims to Serve

By Journal Editor

On January 31, 2022

In News & Announcements

A new Illinois (IL) bill, the Beneficial Electrification Act, would require the installation of electric vehicle (EV) ready parking spaces at all newly constructed and renovated buildings, both residential and commercial. The bill was approved by the Illinois General Assembly’s House Energy and Environment Committee on January 11, 2022.^[1]

State Rep. Robyn Gabel (D-Evanston) introduced the bill which would not require the installation of the actual charging stations, rather, the parking spaces would need to be “EV ready,” meaning the installation of the electrical wiring, circuits, and outlets necessary to support a Level 2 charging station.^[2]

Not Just Keystone XL: The Indigenous Fight for Environmental Justice

By Journal Editor

On September 30, 2021

In In the News, Blog Posts

Indigenous groups have been the stewards of the American terrain for generations. Yet, these communities are in a constant battle not only to protect their own sacred land from ecological harm but also to advocate for a stable climate.^[1] The continued exploitation of indigenous land by large corporations and the U.S. government is a reminder that colonialism is still alive and well in today’s governance.^[2] The loss of critical habitat for many species that indigenous people rely on leads to not only the loss of necessary resources for survival but also sacred cultural practices. ^[3] Treaties between the U.S. government and indigenous groups are intended to guarantee continued tribal access to species as their habitats continue to change, however, these treaties are often not honored by the U.S. government.^[4]

Analyzing Three Major Priorities under New FERC Chair Glick

By Journal Editor

On March 5, 2021

In News & Announcements, In the News

Soon after taking office, President Biden nominated Richard Glick, a Democratic commissioner on the Federal Energy Regulatory Commission (FERC), as the Commission’s new chair.[i] Though the Commission is expected to maintain a Republican majority until Commissioner Neil Chatterjee’s term ends June 30, Glick has begun shifting the priorities of FERC, which regulates the interstate transmission and sale of electricity, natural gas, and oil, to align with President Biden’s ambitious energy and environmental goals.[ii] The following examines Glick’s three main priorities under the new administration, each of which could substantially change the energy regulatory landscape.

General Iron Faces Challenges as Southside Community Demands Environmental Justice

By Journal Editor

On March 1, 2021

In In the News, News & Announcements

General Iron has been making headlines for more than a year because of its pollution issues and recent attempt to relocate. RMG, General Iron’s parent company, has closed its long time North Branch-located metal shredding and recycling operation.[1] For many North Side neighbors, the facility’s closure was a win after a years-long battle to close the facility over environmental health and safety concerns from the facility’s operations, such as two explosions over the past five years.[2]

But there has been significant public outcry against General Iron’s plans to relocate to the Southeast side of Chicago at 116^th and Burnham Street. Coalitions of Southeast side residents have been protesting for months, advocating for better air quality and preventing the relocation of General Iron to their neighborhood. The Natural Resource Defense Council has drawn national attention to the facility’s explosions, contribution to air pollution, and desire to move to a predominantly Latinx neighborhood.[3]

Feds Pull Back Construction Permit After Environmental Justice Groups Sue

By Journal Editor

On November 23, 2020

In News & Announcements

The U.S. Army Corps of Engineers (“Corps”) made a last-minute recall of a permit given to Formosa Plastics for the construction of a new petrochemical plant along the Mississippi River in St. James Parish, Louisiana.[1] The Corps explained in a recent court filing that “[d]urging its review of the permit, it has now come to the Corps’ attention that an element of the permit warrants additional evaluation.”[2] The motion came just a day before the court’s deadline for the agency to file its cross-motion for summary judgment.

Environmental advocacy groups and local residents had been pressing the Corps to deny Formosa the permit, arguing construction of the petrochemical plant would exasperate the public health concerns in St. James Parish.[3] The area is predominantly black and low-income; the per capita income is about 40% lower than the national average.[4]

Chicago-Kent Journal of Environmental and Energy Law

Tag: Environmental Justice Page 1 of 2