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environmental justice

Practices

Environmental Justice

Environmental justice has emerged as a key component of environmental, social and governance (ESG) standards and has evolved as a priority of the Biden administration and the Environmental Protection Agency (EPA). Environmental justice affects a wide spectrum of activities ranging from mergers & acquisitions to construction or expansion and even day-to-day manufacturing operations. Consideration must be given to the potential community and environmental impacts as part of any company’s operational risk analysis.

While EJScreen and the Climate and Economic Justice Screening Tools are helpful starting points, it is essential to take a comprehensive approach to environmental justice across the country and make sure the analysis is supplemented with other critical data. Litigation to address environmental justice concerns may result in reputational and/or economic consequences that no company wants to address. Proactive and strategic planning can mitigate this and allow companies to operate, expand and remediate in collaboration with the communities that are impacted.

The following is a sampling of our experience in environmental justice matters:

Corporate Compliance/ESG

  • Formulation of ESG strategic plans that include environmental justice priorities.
  • Provide input on environmental justice action plans for national manufacturer to implement at facilities across the U.S.
  • Conducted environmental justice analysis of a global chemical manufacturer’s 19 U.S. facilities.
  • Analyze various clients’ environmental justice risks and opportunities by utilizing EPA’s EJScreen tool in combination with other EPA, state and local environmental resources.
  • Assist manufacturing client with identifying state environmental justice requirements in connection with expansion goals for future plant locations.
  • Developed strategies to address state emission offset requirements impacting air permitting in environmental justice areas.

Enforcement/Litigation

  • Successfully upheld a landfill expansion opposed by citizens group.
  • Supported transfer station expansion contested for violating Cincinnati’s environmental justice ordinance.
  • Defended odor nuisance action filed by 200 neighbors of a landfill.
  • Advised federal agency of the conservation and legal implications of returning the National Bison Range to federal tribal management.
  • Successfully defend socio-economic impacts analysis under NEPA in federal agency adjudication allowing access to specific portions of public land for mineral extraction.

Transactions

  • Advice and counsel to clients in connection with environmental justice due diligence issues in M&A transactions.
  • Assist real estate developer in environmental justice issues in connection with the sale of a former manufacturing site.

Site Remediation

  • Advice and counsel to clients at various Superfund Sites regarding proactive environmental justice strategies.
  • Work in coordination with environmental public relations specialist on community outreach in environmental justice areas including preparation of fact sheets, Q&A and related documents.
  • Identify local resources to utilize in implementation of site remedies.
  • Incorporate development (including solar) and other enhancements into remedy decisions.
  • Assist manufacturers to revise community response plan to address environmental justice considerations in community.

Community Engagement

  • Developed proactive community engagement options associated with Superfund sites at the state and federal level.
  • Formulate CAG agreements and presentations for CAG meetings to maximize community input and minimize PRP risk.
  • Participated in public meetings associated with notice and comment periods for both permitting and site remediation.
  • Partnered with environmental public relations specialists to conduct targeted outreach associated with sensitive topics, including vapor intrusion and site cleanup.