Florida Attorney General Ashley Moody believes that the ‘disparate impact’ regulations issued by President Biden’s EPA actually promote racial discrimination rather than prevent it.
On April 16, Florida Attorney General Ashley Moody led a coalition of 23 states in calling for changes to Title VI “disparate impact” regulations set forth by President Biden’s Environmental Protection Agency (EPA). She argues that these regulations are advancing “race-conscious environmental justice initiatives.”
The attorneys general contend that the EPA, under the Biden administration, has expanded Title VI beyond the original intent of the Civil Rights Act, ultimately leading to the promotion of racial discrimination in violation of the 14th Amendment’s Equal Protection Clause.
Moody stated, “The EPA should be concentrating on enforcing environmental laws passed by Congress, rather than pursuing so-called ‘environmental justice,’ which serves as a cover for Biden’s extreme agenda. If implemented, his radical interpretation of Title VI would require states to unconstitutionally discriminate against their own residents.”
She further added, “The EPA must consider our petition and amend its Title VI regulations.”
Title VI, a component of the Civil Rights Act of 1964, prohibits individuals from being excluded based on race, color, or national origin from any federally funded programs. Moody argues that since Biden assumed office, his EPA has utilized these regulations to push forward “environmental justice.”
“In practice, ‘environmental justice’ calls on states to engage in racial considerations when making decisions such as issuing environmental permits, rather than focusing solely on environmental impact and other relevant factors,” Moody emphasized. This approach, as outlined by the coalition, would lead to the promotion of discrimination based on race rather than its prevention.
Race-Based Decisions
The coalition asserts that “environmental justice” implies a scenario where no specific racial or economic group experiences disproportionately adverse environmental effects. This framework could result in permits being allocated based on the race of individuals affected, rather than solely on environmental considerations.
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Although the court in Sandoval did not directly address the validity of Title VI disparate impact regulations, it did note that the regulations were not in line with the rule that only intentional discrimination is prohibited.
The coalition of attorneys general also claims that these EPA regulations violate the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.
“In 2020, the Trump administration proposed a revision to the Department of Justice’s Title VI regulations to eliminate disparate impact provisions. However, the Biden administration withdrew this proposal shortly after taking office,” the coalition highlighted.
The coalition is concerned that the EPA is straying from the original purpose of Title VI and may inadvertently compel states to engage in “unconstitutional discrimination by incorporating disparate-impact liability.”
The coalition is urging the EPA not only to accept their petition but also to amend its Title VI regulations to align with the law’s original intent and the 14th Amendment’s Equal Protection Clause.
In addition to Attorney General Moody from Florida, attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming have joined the 23-state coalition.
The Epoch Times reached out to the White House for comment.
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