May 2022
Executive Orders signed by the President on the first days in office established issues related to climate change and racial equity as “immediate priorities” necessitating a whole-of-government approach. DOJ’s new Environmental Justice Enforcement Strategy responds to those directives by encouraging coordination between its own Environmental and Natural Resources and Civil Rights Divisions as well as with the EPA and other agencies (e.g., HUD, OSHA, DOE, DOI, CPSC) to reduce environmental and public health and safety concerns in “overburdened and underserved communities.” As significant regulatory attention is placed on climate-related accountability and equitable impacts across industries, and existing laws are applied to carry out enforcement actions in this regard, entities should anticipate increased potential for investigations by the DOJ and other applicable regulatory agencies and continue to update their ESG and Risk frameworks to identify and mitigate potential risks.