Attorney General Neronha issues multistate guidance affirming the legality and necessity of environmental justice initiatives

"It’s completely unsurprising... that this Administration continues to assert that fighting for equal access to clean air and water... is somehow unlawful. It’s not, and it’s the right thing to do."

From a press release:

Rhode Island Attorney General Peter Neronha has joined a coalition of 12 other attorneys general in issuing multistate guidance affirming the necessity and legality of environmental justice initiatives. The guidance reinforces that, despite Trump Administration efforts to brand these critical activities as illegal, public and private entities can and should engage in environmental justice work to ensure a healthy environment for all people to live, play, work, learn, and worship.

“Environmental justice work is crucial, as it aims to right both direct and indirect wrongs experienced by historically oppressed and underprivileged communities,” said Attorney General Neronha. “It’s completely unsurprising, yet still frustrating, that this Administration continues to assert that fighting for equal access to clean air and water, and fighting against extreme temperatures and natural disasters, is somehow unlawful. It’s not, and it’s the right thing to do. This guidance is meant to assist any entity responsible for this important work, underscored throughout by the simple fact that the President cannot ignore the Constitution, nor can he sideline Congressionally passed laws, to serve his political agenda. From lead poisoning prevention to holding accountable companies like Barletta and Rhode Island Recycled Metals, environmental justice has always been an important part of my Office’s work, and we urge everyone to continue in this shared mission without fear of legal consequences.”

Efforts to Advance Environmental Justice Remain Essential

Environmental justice – which has its roots in our country’s civil, economic, labor, and immigrants’ rights movements – aims to ensure that every person has equal access to clean air; clean water; safe and healthy food; a healthy, sustainable, and stable environment; and protection from the impacts of climate change, despite over 40 years of progress since the founding of the environmental justice movement, the principles, and practices that the Trump Administration has attempted to undermine remain both necessary and urgent. Racial segregation, redlining, and disinvestment have all laid the foundation for persistent environmental and public health disparities.

Evidence-based studies and lived experience demonstrate that communities of color, indigenous people and tribal nations, low-income, rural, and unincorporated communities, people with disabilities, and non-English speaking communities routinely face disproportionate environmental and health burdens. From lead-poisoning to pollution-related asthma in children, to the presence of waste dumping and contaminated sites, and excessive car and truck traffic, to extreme temperatures, flooding, and wildfires, over-burdened communities face formidable barriers to their wellbeing and opportunities.

These challenges are exacerbated by climate change, which is causing environmental dangers that lead to greater instability, economic hardship, and shortened life spans. Environmental justice initiatives aim to overcome this division by developing solutions to persistent harms and advancing public health, safety, wellbeing, and prosperity across communities.

Recent Federal Actions Do Not Impact the Legality of Environmental Justice Efforts

Since day one, the Trump Administration has issued Executive Orders and memoranda attempting to undermine environmental justice, a longstanding federal policy. The Administration has terminated environmental and climate justice programs and grants, discontinued environmental enforcement actions, and called for legal challenges to state environmental justice and climate laws. These actions distort the meaning and attempt to cast doubt on the legality of environmental justice work.

The President cannot change or dismantle laws passed by Congress, nor can his Executive Orders or agency memoranda change the protections afforded by the U.S. Constitution and other federal and state laws. Civil rights and environmental laws support public and private efforts to advance environmental justice, as does the U.S. Constitution.

The guidance is directed to country, state, tribal, and local governments, nonprofit and charitable entities, businesses, and neighborhood-based groups that are currently engaging in efforts to restore and protect environmental and public health through solutions informed and improved by the lived experiences of thousands of communities. Through its guidance, the coalition stands ready to implement and enforce the nation’s laws to advance environmental justice. It will continue to work in collaboration with communities and organizations to support and defend these efforts nationwide.

Attorney General Neronha is joined in issuing this guidance by the attorneys general of Arizona, California, Connecticut, Delaware, Hawai’i, Illinois, Maryland, Massachusetts, Minnesota, New York, Oregon, and Vermont.