‘Remedy Gap’ Drives DOJ Effort To Address EJ Through Multiple Statutes

The Justice Department (DOJ) has begun crafting environmental enforcement cases that combine traditional environmental claims with provisions from civil rights and other statutes as part of an effort to close a “remedy gap” in environmental laws’ ability to address environmental injustice. DOJ unveiled its Comprehensive Environmental Justice Enforcement Strategy earlier this month, as part of the Biden administration’s expanded emphasis on environmental justice (EJ), that explicitly calls for using all available tools to address EJ concerns. Among other things, the...