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Suzanne Novak, Earthjustice, Snovak@earthjustice.org, (212) 845-4981
Jonathan J. Smith, Earthjustice,  jjsmith@earthjustice.org, (212) 845-7379
Federal Court Requires EPA to Enforce Civil Rights
Court rules in favor of communities, holding EPA accountable for failing to investigate civil rights complaints in a timely manner.
Communities across the country applaud a ruling by a federal judge requiring EPA to follow the law and investigate civil rights complaints in a timely manner.
The decision resulted from a lawsuit filed by community-based groups in 2015 against the U.S. Environmental Protection Agency challenging the agency's failure to investigate their civil rights complaints for more than a decade in violation of federal law.
District Court Judge Saundra Brown Armstrong today denied EPA's motion to alter the court's judgment to remove from it an order specifically requiring EPA to follow the law for civil rights complaints filed in the future.
EPA is responsible for ensuring that public and private recipients of its funding comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin. EPA's rules require that the agency complete its investigations into civil rights complaints filed under Title VI within 180 days, but time and again, EPA has failed to complete investigations in a timely way, sometimes for decades, leaving community groups with no recourse. Today the court reaffirmed that the EPA must comply with the law.
Father Phil Schmitter of the St. Francis Prayer Center stated, "The EPA has a long history of failing to enforce civil rights." In 1992, the St. Francis Prayer Center filed a complaint with the EPA alleging that Michigan's state environmental department discriminated by approving a permit for the Genessee Power Station in an area of Flint, Michigan that already had more than 200 polluting facilities. EPA accepted the complaint for investigation, but then the complaint gathered dust for decades.
In 2017, 25 years after the St. Francis Prayer Center filed its complaint, EPA finally issued a finding of discrimination. "It wasn't until we went to court, along with other community groups whose complaints were also ignored by EPA, that EPA took any action," said Fr. Schmitter.
"Meanwhile, residents of Flint have lived in the shadow of polluting facilities. EPA failed to hold the state accountable for discrimination, allowing our state agency to carry on with its ways for decades longer than it should have."
"If EPA had investigated St. Francis Prayer's Center's complaint in a timely manner 20 years ago, we might have seen improvements in state procedures and policies that could have avoided future tragedies like the Flint drinking water crisis," said Suzanne Novak, staff attorney at Earthjustice. "That is why access to the courts is so critical. Without accountability to a court, EPA might never have acted at all."
The ruling today came in a case filed on behalf of Californians for Renewable Energy (CARE), Ashurst Bar/Smith Community Organization, Citizens for Alternatives to Radioactive Dumping, the St. Francis Prayer Center, Sierra Club, and an individual, Michael Boyd. The plaintiffs alleged that EPA failed to issue preliminary findings regarding their administrative complaints filed under Title VI of the Civil Rights Act within 180 days as required by law.
The court had previously issued a decision in favor of the community groups, finding EPA's delay in handling their cases violated the law. Today's decision rejected EPA's objection to the court's judgment. "EPA seems to have more interest in litigating against communities than enforcing civil rights law. This has to change." said Phyllis Gosa, who filed a complaint in 2003 against the Alabama Department of Environmental Management. "We filed a civil rights complaint to address discrimination in environmental permitting. It's high time EPA took timely action to address racial disparities in exposure to pollution," said Michael Boyd, who filed the 2000 CARE complaint to challenge permitting decisions by state and regional air agencies that had racially disproportionate impacts on communities of color in Pittsburg, California.
A scathing report from NBC and Center for Public Integrity uncovered that more than 90% of civil rights complaints to the EPA were rejected or dismissed. In fact, the EPA's External Civil Rights Compliance Office had only once formally found that anyone's civil rights were violated when the lawsuit was filed in 2015. The St. Francis Prayer Center complaint from Flint was highlighted in a report issued just this week by EPA's Office of Inspector General (OIG), which found that EPA had failed to provide the necessary oversight to ensure that recipients of EPA funding comply with Title VI. "EPA continued to litigate this case for years, challenging even a court mandate that essentially said that the agency needs to follow the law. Instead, EPA should have been taking the steps outlined in the OIG report to address the racial inequalities in environmental decision-making that have led to gross racial disparities in the location of polluting facilities and exposure to environmental contamination," said Marianne Engelman Lado, the director of the Environmental Justice Clinic at Vermont Law School.
"The court has spoken. Which makes it a good day in the long-standing battle for civil rights in this country." said Neil Carman, who had filed a complaint against a Texas state agency challenging its decision to grant a permit amendment to allow increases in emissions at a Mobil Oil facility in Beaumont, Texas, that is sited next to an environmental justice community suffering from the refinery's air pollution.
"Even though the court ruling brings some justice, at the end of the day, action in defense of civil rights is more necessary than ever. States continue to give permits to more and more facilities in already polluted areas, and EPA still doesn't have an effective civil rights program," said Deborah Reade, who worked with the Citizens for Alternatives for Radioactive Dumping on a complaint filed with EPA against the New Mexico Environmental Department for discriminating against Spanish-speaking residents.
The judge's order is attached and additional information on the cases that led to the lawsuit can be found here. The community groups are represented by Earthjustice and the Environmental Justice Clinic at Vermont Law School.
Client Contacts
Environmental Justice Clinic at Vermont Law School: Marianne Engelman Lado / marianne.lado@gmail.com / (917) 608-2053
Californians for Renewable Energy (CARE): Michael Boyd / (408) 891-9677
Citizens for Alternatives to Radioactive Dumping (CARD): Deborah Reade / (505) 986-9284
Ashurst Bar / Smith Community Organization: Ronald Smith / (334)-787-0329
Phyllis Gosa / rphgosa@yahoo.com / (334) 375-3123
St. Francis Prayer Center: Father Phil Schmitter / antonio7327@gmail.com / (810)-252-4459
Sierra Club: Neil Carman / neil_carman@greenbuilder.com / (512)-663-9594
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
800-584-6460As New Campaign Implores Him to 'Pass the Torch,' Biden Rejects Calls to Drop Out
"I don't think anybody's more qualified to be president or win this race than me," the incumbent declared in a televised interview.
U.S. President Joe Biden on Friday delivered a defiant response to those within the Democratic Party urging him to drop out of the 2024 race, characterizing his abysmal debate performance against Donald Trump as a "bad episode" rather than validation of longstanding concerns about his age and cognitive health.
At a rally in Wisconsin and in a later sit-down interview with ABC News anchor George Stephanopoulos, Biden acknowledged his poor debate showing but said emphatically that he's staying in the race, a message that came as Democratic activists and organizers launched a campaign imploring the president to step aside in the interest of ensuring Trump's defeat in November.
"I don't think anybody's more qualified to be president or win this race than me," Biden declared Friday, downplaying recent polling data showing him faring worse against Trump than potential Democratic alternatives, including Vice President Kamala Harris.
Asked how he would feel if he stayed in the race and Trump—a would-be authoritarian who's plotting a devastating attack on basic freedoms and the planet—won another four years in the White House, Biden suggested he would be at peace "as long as I gave it my all."
"That's what this is all about," the president said.
Stephanopoulos: If you stay in, and Trump is elected and everything you're warning about comes to pass, how will you feel in January?
Biden: I'll feel, as long as I gave it my all, and I did as good a job as I know I can do, that's what this is about. pic.twitter.com/79HSyGcOI2
— nikki mccann ramÃrez (@NikkiMcR) July 6, 2024
Hours before the ABC News interview, a network of Democratic organizers, activists, and voters teamed up to launch the "Pass the Torch" campaign in a coordinated attempt to push Biden to "make good" on his 2020 pledge to be a "transition" president.
"President Joe Biden has achieved great things. His administration led us out of the pandemic and has been rebuilding our economy, standing up to corporate greed, taking urgent climate action, and so much more—domestically, he is arguably the most accomplished progressive Democratic president in generations," the campaign's website states.
"All of that—and much, much more—will be lost if Donald Trump takes back the presidency," the website continues. "Democrats need the strongest possible ticket to maximize our chances of winning in November. It has become very clear, based on both long-term polling and the recent debate, that Democrats' current ticket is not the strongest one we can put forward."
The campaign includes a petition urging Democratic members of Congress and delegates to the Democratic National Convention (DNC) to join calls for the president to step aside.
Today Democrats across the country are launching a grassroots campaign to call on Biden to #PassTheTorch, step aside as the nominee and support the candidate best able to beat Trump. Follow the campaign at @PassTheTorch24 and sign our petition at https://t.co/2dftntqMR3
— Aaron Regunberg (@AaronRegunberg) July 5, 2024
Thus far, just three sitting Democratic lawmakers—Reps. Lloyd Doggett (D-Texas), Raúl Grijalva (D-Ariz.), and Seth Moulton (D-Mass.)—have urged Biden to drop out of the race, but more are expected to do so in the coming days as the party's August convention approaches.
The Washington Postreported Friday that Sen. Mark Warner (D-Va.) is "attempting to assemble a group of Democratic senators to ask President Biden to exit the presidential race." Earlier in the week, Reutersreported that "there are 25 Democratic members of the House of Representatives preparing to call for Biden to step aside if he seems shaky in coming days."
Major Democratic donors, meanwhile, have "undertaken a number of initiatives to pressure" Biden to drop out of the race, according toThe New York Times.
"A group of them is working to raise as much as $100 million for a sort of escrow fund, called the Next Generation PAC, that would be used to support a replacement candidate," the Times reported. "If Mr. Biden does not step aside, the money could be used to help down-ballot candidates, according to people close to the effort."
But Biden still has the support of top congressional Democrats, with both Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.) backing the president in the wake of the debate.
Sen. Bernie Sanders (I-Vt.), the upper chamber's leading progressive, has also declined to join calls for Biden to end his reelection bid.
"He's not a great debater, he’s not necessarily a great speaker," Sanders toldSemafor. "People are just gonna have to say: Okay, you know what? Yeah, he's old. Yeah, he's not as articulate as he should be. But you're voting for somebody whose policies will impact your life."
"Biden is the candidate," the senator added. "I suspect he will be the candidate. I'll do my best to get him elected."
House progressives, too, have thus far not backed the push for Biden to drop out and pave the way for an alternative candidate.
"There has been not a peep from the Squad or the other members of Congress known for barnstorming progressive activism," Slate's Alexander Sammon noted Saturday. "The reason is that the question of whether Biden should run again is an internecine fight within the centrist wing of the party. Joe Biden has, for his lengthy, decadeslong career, always been the man in the middle, if not slightly to the right, of the Democratic continuum."
"Now many of the same centrists who previously pushed for Biden are freaking out about his ability to win the election," Sammon wrote. "There's no real upside for Squad members to put themselves in the line of fire during an already bitter public deliberation."
The Timesreported late Friday that Biden's interview with Stephanopoulos appears to have done little to change the minds of people on either side of the question.
"A handful of current and former Democratic officials who had called on Mr. Biden to end his reelection campaign said the interview had done little, or even nothing, to address their concerns," the Times observed. "Reliable supporters of the president's reelection campaign similarly fanned out to television networks, declaring once more that they were sticking with Mr. Biden."
"Other Democrats who had raised concerns about the president's performance, but had not gone as far as to call for Mr. Biden to drop out, said the interview did not significantly change their views of his candidacy," the newspaper continued.
Doggett, who was the first congressional Democrat to urge Biden to step aside, toldCNN following Biden's Friday interview that "the need for him to step aside is more urgent tonight than when I first called for it on Tuesday."
The Texas Democrat warned that "every day he delays" dropping out "makes it more difficult for a new person to come on board who can defeat Donald Trump."
Biden, Doggett added, "does not want his legacy to be that he's the one who turned our country over to a tyrant."
As Other Governors Boost Biden, Maura Healey Says 'Listen to the American People'
"Whatever President Biden decides, I am committed to doing everything in my power to defeat Donald Trump," the Massachusetts Democrat said.
While other Democratic governors across the United States reiterate their support for President Joe Biden amid calls for him to be replaced as the party's nominee for the November election, Massachusetts Gov. Maura Healey on Friday suggested that he should consider some of the criticism.
"President Biden saved our democracy in 2020 and has done an outstanding job over the last four years," Healey said in a statement, recalling his previous win over former President Donald Trump, who is now the presumptive Republican nominee.
"I am deeply grateful for his leadership. And I know he agrees this is the most important election of our lifetimes," Healey continued. "The best way forward right now is a decision for the president to make. Over the coming days, I urge him to listen to the American people and carefully evaluate whether he remains our best hope to defeat Donald Trump. Whatever President Biden decides, I am committed to doing everything in my power to defeat Donald Trump."
Despite mounting calls for Biden to step aside—and "pass the torch" to Vice President Kamala Harris or another top Democrat—since his poor performance in a CNN-hosted debate against Trump last week, the president has remained defiant, declaring at a campaign event in Wisconsin on Friday that "I am running and going to win again."
"I am running and going to win again."
President Joe Biden addressed the pressure to end his campaign during a rally in Wisconsin. pic.twitter.com/N1y6Pidkqp
— MSNBC (@MSNBC) July 5, 2024
After a Wednesday gathering with Democratic governors—including Healey—at the White House, the Biden-Harris reelection campaign sent out an email that said, "Coming out of the meeting, the message was clear: Joe Biden has governors' backs, and they are proud to have his."
The email highlighted recent supportive statements from Govs. John Carney of Delaware, Roy Cooper of North Carolina, Josh Green of Hawaii, Kathy Hochul of New York, Dan McKee of Rhode Island, Wes Moore of Maryland, Phil Murphy of New Jersey, Gavin Newsom of California, Tim Walz of Minnesota, and Gretchen Whitmer of Michigan.
The president told governors at the meeting that "he needs to get more sleep and work fewer hours, including curtailing events after 8:00 pm," The New York Timesreported. "Biden also told the governors that he had been examined by his physician at some point in the days after the debate because of the cold he was suffering from and that he was fine."
On Capitol Hill, U.S. Sen. Mark R. Warner (D-Va.) "is attempting to assemble a group of Democratic senators to ask President Biden to exit the presidential race," The Washington Postreported Friday. The newspaper noted that "Warner spokeswoman Rachel Cohen would neither confirm nor deny that the senator thinks Biden needs to drop out of the race."
U.S. Rep. Lloyd Doggett of Texas became the first Democrat in Congress to call on Biden to withdraw from the race on Tuesday. The following day, Congressman Raúl Grijalva of Arizona became the second.
Biden is also facing pressure to drop out from some major donors. In a lengthy statement to CNBC on Thursday, Abigail Disney said: "I intend to stop any contributions to the party unless and until they replace Biden at the top of the ticket. This is realism, not disrespect. Biden is a good man and has served his country admirably, but the stakes are far too high."
Democrats and other critics urging Biden to reconsider his run have pointed to growing concerns about a second Trump term considering a new U.S. Supreme Court ruling giving the president king-like powers, the Republican's desire to be a dictator on "day one," and fears that Trump will work to impose the far-right's Project 2025 policy agenda.
In an effort to reassure voters, Biden's team has set up a televised interview with ABC News' George Stephanopoulos, which is set to air Friday at 8:00 pm ET. Viewers will also be able to watch the interview on the ABC application for smartphones or tablets, or online at ABC.com.
'Bullsh*t': Trump Slammed for Trying to Distance Himself From Project 2025
"Trump is now desperately trying to run from his deep ties to Project 2025... MAGA extremists' radical wish list for a second Trump term," President Joe Biden's campaign said.
Former U.S. President Donald Trump on Friday attempted to distance himself from a conservative coalition's agenda for a far-right takeover of the federal government, prompting derision from observers who underscored close ties between the presumptive 2024 Republican nominee and the blueprint's authors.
Trump took to his Truth social media platform to claim the knows "nothing about Project 2025," a sweeping initiative spearheaded by the Heritage Foundation to boost the power of the presidency and purge career federal civil servants, who would be replaced with Trump loyalists.
"I have no idea who is behind it," Trump added, a claim that numerous observers quickly countered.
In an email entitled, "Donald Trump & Project 2025: One and the Same," Democratic President Joe Biden's reelection campaign said that "Trump is now desperately trying to run from his deep ties to Project 2025—the Heritage Foundation's 900-page deeply unpopular manifesto drafted by former Trump officials that offers Americans a preview of MAGA extremists' radical wish list for a second Trump term."
"Project 2025 is the extreme policy and personnel playbook for Trump's second term that should scare the hell out of the American people," Biden campaign spokesperson Ammar Moussa said in a statement. "Project 2025 staff and leadership routinely tout their connections to Trump's team, and are the same people leading the [Republican National Committee policy platform, Trump's debate prep, campaign, and inner circle."
"Trump's Supreme Court and Project 2025 have designed the playbook for Trump to achieve his dream of being a dictator on day one, with unchecked, imperial power," Moussa added. "Allowing a self-absorbed convicted felon that kind of power would be devastating for our democracy and middle-class families. This November, voters must stop Trump from turning the Oval Office into his throne room."
As CNNdetailed Friday:
Paul Dans, the head of Project 2025, was chief of staff at the Office of Personnel Management during the Trump administration, and the group's roadmap for the next administration includes contributions from others who have worked for the former president, including his former Housing and Urban Development Secretary Ben Carson, former acting Deputy Homeland Security Secretary Ken Cuccinelli, and former deputy chief of staff Rick Dearborn. John McEntee, Trump's former director of the White House Presidential Personnel Office and one of his closest aides while in office, is also a senior adviser for the project.
Mother Jones Washington, D.C. bureau chief David Corn said: "This is B.S. Christian nationalist Russell Vought, who is one of the Trump allies in charge of the GOP platform effort, is a coordinator of Project 2025. Trump is gaslighting once again."
Others noted that Trump's own Make America Great Again, Inc. super PAC is running ads highlighting Project 2025.
Critics have called Project 2025 a "blueprint for autocracy"—an assessment bolstered by last week's U.S. Supreme Court ruling bestowing the president with what experts described as king-like powers, which Trump's advisers have reportedly vowed to exploit if he wins November's election.
The Associated Pressreported last month that a right-wing group allied with the presumptive GOP nominee was drafting a list of federal employees who are disloyal or insufficiently dutiful to Trump, an undertaking compared with the McCarthyite anti-communist crusade during the second Red Scare in the 1950s.
Kevin Roberts, who heads the Heritage Foundation, raised eyebrows earlier this week after he said that the coming right-wing "revolution" will "remain bloodless if the left allows it to be," which some observers took as a thinly veiled threat of violence.
In his Friday Truth post, Trump said that he disagrees with some of Project 2025's agenda and that "some of the things they're saying are absolutely ridiculous and abysmal."
"Anything they do, I wish them luck, but I have nothing to do with them," he reiterated.
Journalist Mehdi Hasan responded to Trump's claim in a social media post saying, "What's revealing about Donald Trump loudly disavowing Project 2025 and falsely denying any knowledge of it is that clearly he knows how damaging it can be to his election bid."
"So why on earth did neither Biden nor the CNN moderators bring it up at the debate last week?" he asked.