Too Little Too Late? An EPA Rule Delays Environmental Justice

A week after President Biden took office, he signed a series of executive actions, including one that rolled back many of the environmentally regressive steps taken by former President Trump. Then, in March, Biden took particular aim at reducing smog, which is mainly formed by pollutants, including toxic nitrogen oxide, from cars, trucks, factories and power plants. These for the most part affect poorer, more disaffected communities, such as people of color or indigenous people. And where smog is heavy, so come respiratory illnesses like asthma, cancer, and premature deaths.

In a Jan. 27, 2021, executive order, Biden wrote that “environmental justice will be at the center of all we do addressing the disproportionate health and environmental and economic impacts on communities of color — so-called ‘fenceline communities’ — especially those communities — brown, Black, Native American, poor whites.”

It was and remains a noble goal.

“Lifting up these communities makes us all stronger as a nation and increases the health of everybody,” Biden said.

Now, the Environmental Protection Agency is set to solidify a ruling that will cut down on the smog produced by heavy vehicles. But those deep in the fight to save the planet say that not only does the ruling not go far enough, it also continues an odious legacy of environmental injustice — allowing low-income communities and communities of people of color to experience the same or more pollution than they had before.

Picture a poor neighborhood in a big city that has huge, diesel-powered trucks shambling through it day and night. This is the same kind of community that has lesser access to decent health care and fresh food, putting people at greater risks for many diseases. Alleviating the debilitating smog would only be a single step — although a necessary one — for people who are living in what are already substandard conditions.

So when news breaks that the Environmental Protection Agency is expected “to finalize a rule next week aimed at curbing smog-forming pollution from some of the biggest vehicles on America’s roads,” it’s time to pay attention and hold power to account.

This may be a step forward in some ways, but many environmental and social justice activists say this is just pretty wrapping on an ugly picture. Biden’s rule is a watered down version of what could be accomplished here and now, they say — such as what is being done to curb pollution in California.

“We know that California’s standards are achievable and cost-effective,” said Sanjay Narayan, an attorney with the Sierra Club. “If EPA falls meaningfully short of that, then they will have fallen short of their own environmental justice aspirations.”