Although environmental justice (EJ) is not a new concept in the
context of air permitting, the Biden administration's
increased focus on identifying and addressing disproportionate
environmental impacts on low-income neighborhoods and communities
of color is likely to spur an increase in EJ claims being raised as
part of the public review process for both new air permits and
permit renewals. Many, if not most, states do not have statutory or
regulatory requirements dictating how EJ concerns must be
considered in the air permitting context. Similarly, while there is
a patchwork of EJ requirements applicable to federal agency
actions, most are imposed by executive order and are not
prescriptive in nature, meaning that there is no robust legal
framework for considering EJ concerns in the air permitting context
at the federal level either. Accordingly, while potential
permittees and current permit holders seeking to renew or modify
their air permits should be aware that
