Attorney General Bonta: Environmental Justice Initiatives Remain Legal and Necessary

Today’s guidance provides clarity and affirms the legality and necessity of environmental justice initiatives in the face of the federal government's attacks

OAKLAND— California Attorney General Rob Bonta today co-led a coalition of 12 attorneys general in issuing a multistate guidance affirming the necessity and legality of environmental justice initiatives. The guidance clarifies that despite the Trump Administration’s recent efforts to mislabel and undermine these critical efforts, public and private entities can still lawfully engage in environmental justice work to ensure a healthy environment for all people to live, play, work, learn, and worship in.  

“Making it harder for Americans to breathe safe air and drink clean water is not ‘making America great or healthy again.’ Yet, the Trump Administration continues to undermine protections aimed at helping every American, no matter their zip code, to breathe safe air, drink clean water, and live in a healthy environment,” said Attorney General Bonta. “I, alongside attorneys general nationwide, are making it crystal clear with today’s guidance that the Administration does not have unilateral legal authority to dismantle policies and laws that protect our communities. We assure the public – including local governments, community-based organizations, individuals, and businesses – that environmental justice initiatives remain lawful and critically important. At the California Department of Justice, we will continue to work with advocates, local leaders, and partners across the country to ensure that no community is left behind in our fight for a healthier, more just future.”

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 and sustainable environment, and protection from the impacts of climate change.

At the California Department of Justice, we believe that every Californian should have the opportunity to live in a healthy and safe environment. However, low-income communities and communities of color suffer disproportionate exposure to pollution and corresponding health impacts from that exposure. Due to the legacies of racial segregation, redlining, and disinvestment, persistent environmental and public health disparities are still prevalent today.

These excessive environmental and public health burdens are also 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 these disparities, developing solutions to persistent harms and advancing public health, safety, well-being, 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 that aim to reverse course on environmental justice as 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 alter the protections afforded by the U.S. Constitution and federal and state laws. In fact, civil rights and environmental laws support public and private efforts to advance environmental justice, as does the U.S. Constitution. 

Through this guidance, the States assure private and public entities that they stand ready to implement and enforce the nation’s laws to advance environmental justice and will continue working in collaboration with communities and organizations to support and defend these efforts across the country. 

Joining Attorney General Bonta in issuing this guidance, which was co-led by the attorneys general of Massachusetts and New York, are the attorneys general of Arizona, Connecticut, Delaware, Hawai’i, Illinois, Maryland, Minnesota, Oregon, Rhode Island, and Vermont. .  

To learn more about the California Department of Justice’s environmental justice, health, and equity efforts, please click here.

The Office of Community Awareness, Response and Engagement (CARE) invites you to join a virtual CARE Community Briefing featuring California Attorney General Rob Bonta about the  Environmental Justice Guidance. Please click here to register.  

A copy of the guidance can be found here.