The following post appears courtesy of Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division

Last week, I was honored to take part in the Colloquium on Environmental Justice held at the World Bank, where we honored the life’s work of Professor Svitlana Kravchenko, who sadly passed away earlier this year, but whose scholarly work on environmental governance lives on. 

In her writings, she recognized “three pillars” of environmental democracy and procedural environmental rights:  access to information, public participation, and access to justice.  It was, therefore, fitting to recognize Dr. Kravchenko’s work as we discussed these topics in the context of the work of the Environment and Natural Resources Division at the Department of Justice.  

In the Environment and Natural Resources Division, we are committed to working to protect all communities from environmental harms, including low-income, minority and Native American communities who too frequently live in areas overburdened by pollution. I have traveled throughout the United States to inner cities, Indian reservations, the Gulf States, the Border States, Appalachia, and rural America.  I can tell you first-hand that there are many communities who still do not enjoy the benefits of clean air, clean land and clean water.  In this land of plenty, children living in poverty are more likely to breathe polluted air and suffer from asthma, or live near toxic waste sites or landfills, or lack a safe source of drinking water.

In the Environment Division, we have not forgotten communities who lack wealth, power or political influence.  Through our enforcement of the nation’s environmental laws, we continue to pursue the goals of environmental justice by working to ensure that all communities enjoy the benefit of a fair and even-handed application of the law and have a meaningful opportunity for input in the consideration of appropriate remedies for violations of the law. 

For example, in August 2011, the department entered into a settlement with the Metropolitan St. Louis Sewer District in which it committed to make extensive improvements to its sewer system at an estimated cost of $4.7 billion over 23 years.  The Environment Division included the Missouri Coalition for the Environment, a local environmental group that intervened in the lawsuit, in the settlement negotiations with the sewer district. 

As a result of consultation with community groups, environmental groups, and others, we achieved a settlement that includes a number of provisions that directly benefit the community. Because many of the areas that have sanitary sewer overflows and backups of sewage into buildings are in minority and low-income neighborhoods, the settlement requires the sewer district to spend $30 million over the next two years on construction projects to alleviate these problems. The settlement also requires the sewer district to assist low-income residents, who are currently connected to private septic tanks, by connecting their homes to the sewer system.

We have achieved similar outcomes working with community groups in settling Clean Water Act cases with other cities and counties throughout the country, including in Kansas City, Missouri; Cleveland, Ohio; Jersey City, New Jersey; DeKalb County, Georgia; and Memphis, Tennessee.

Under the leadership of President Barack Obama, the federal government has reaffirmed its strong commitment to the principles of environmental justice and has taken concrete steps to make environmental justice a reality.  Agencies across the federal government are dedicated to this endeavor.  At the Justice Department, Attorney General Holder has made it clear that:

“Our environmental laws and protections must extend to all people, regardless of race, ethnicity, or socioeconomic status which is why the Department of Justice is committed to addressing environmental justice concerns through aggressive enforcement of federal environmental laws in every community.”

As the Assistant Attorney General of the Environment Division, I could not be more committed to this goal.  For more information on Environmental Justice at the Department visit  www.justice.gov/ej/ and read the 2011 Annual Implementation Progress Report on Environmental Justice (PDF).

Volunteers from the Justice Department’s Environment and Natural Resources Division (ENRD) joined today with Washington Parks & People and the DC Green Corps for the division’s ninth annual Earth Day Service Celebration at Marvin Gaye Park in Northeast Washington, D.C.    

Graduates of the DC Green Corps urban forestry job training program, an organization that advocates for environmental justice and sustainable native reforestation, worked alongside ENRD volunteers to plant trees at a nearby public housing complex and on a hillside in the stream valley.  The trees planted by volunteers will provide shade for residents and more storm water capture for the stream valley.

 Acting Associate Attorney General Tony West and Assistant Attorney General for the Environment and Natural Resources Division Ignacia S. Moreno opened the day with remarks for the roughly 100 volunteers in attendance. Welcoming the volunteers, Tony West said:

  “As a nation, we have taken great strides since the first Earth Day more than 40 years ago, from the landmark environmental legislation of the 1970s to recent efforts to address greenhouse gas emissions. The story of Marvin Gaye Park’s renewal is an inspiration.”

 In her remarks, Assistant Attorney General Moreno said:

 “Today, on the second anniversary of the Deepwater Horizon explosion and resulting massive oil spill in the Gulf of Mexico, we remember the 11 lives that were tragically lost.  We also are reminded that our natural resources are precious and that we must continue to protect these resources and the communities across the nation who rely on them for their livelihood.”

The Community Greening Center in Marvin Gaye Park is a neighborhood-based nursery for plants and trees as well as an environmental education resource center.  Last year, ENRD volunteers broke ground on the greening center with Washington Parks & People and DC Green Corps volunteers.   

For more information about Washington Parks & People and Marvin Gaye Park, visit http://www.washingtonparks.net/.

View a photo gallery of the 2012 Earth Day Service Celebration at Marvin Gaye Park.

Attorney General Eric Holder announces the settlement of breach-of-trust lawsuits filed by more than 40 federally recognized American Indian tribes against the United States.

The following post appears courtesy of  Acting Associate Attorney General Tony West and Assistant Attorney General Ignacia S. Moreno.

Today, we were honored to join Attorney General Eric Holder and Secretary of the Interior Ken Salazar to announce the settlement of breach-of-trust lawsuits filed by more than 40 federally recognized American Indian tribes against the United States.  The announcement was an extraordinary conclusion to nearly two years of negotiations between the tribes and the United States that have culminated in settlements between the government and 41 tribes, totaling more than $1 billion.

These settlements resolve in a fair and just manner breach-of-trust claims brought by Indian tribes, some dating back more than a century. They bring to an end long-standing disputes about the management of trust funds and non-monetary trust resources, and will allow the United States and the tribes to move beyond divisive issues and into a new era of strengthened and respectful government-to-government relationships.  This is a fundamental goal of this Administration. 

We have been proud to lead the team of attorneys who represent the Department of Justice in these negotiations and to conclude this process in a way that addresses historical grievances and strengthens the trust relationship that is so fundamental to the government-to-government relationship with American Indian tribes and Alaska Native villages.  We look forward to continuing similar efforts to resolve cases brought by other tribes through settlements that are fair to both the tribes and the United States. 

Under the negotiated settlement agreements, litigation will end regarding the Department of the Interior’s accounting and management of the tribes’ trust accounts, trust lands, and other natural resources.  The United States will compensate the tribes for their breach-of-trust claims, and the tribes will waive, release, and dismiss their claims with prejudice.  The settlement agreements also contain measures to strengthen management of the tribes’ funds and natural resources, to improve communications between the tribes and the Department of the Interior, and to resolve disputes informally to reduce the likelihood of future litigation.

Read more: Attorney General Holder and Secretary Salazar Announce $1 Billion Settlement of Tribal Trust Accounting and Management Lawsuits Filed by More Than 40 Tribes

The Justice Department recently published its first annual progress report on environmental justice (PDF).  The report fulfills a landmark commitment made by agencies across the federal government to publish a yearly progress report on a common goal: to provide all Americans – regardless of their race, ethnicity, or income status – full protection under the nation’s environmental, civil rights, and health laws.

The Department of Justice is deeply committed to this goal.  We recognize that low-income, minority, and Native American communities are often disproportionately burdened with pollution, resulting in disproportionate health problems, greater obstacles to economic growth, and a lower quality of life.

Attorney General Eric Holder said:

 “As reflected in the Department of Justice’s Progress Report, we are integrating the principles of environmental justice into our work and will continue to take steps to ensure that every American has full protection under the nation’s environmental, civil rights, and health laws.  In fulfilling our mission, the Department is guided by the principles of environmental justice: that all Americans deserve a safe and healthy environment in which to live their lives and a meaningful opportunity to participate in the decisions that affect their wellbeing.”

We have achieved meaningful results for these communities, and are building a strong foundation to ensure that we achieve even greater results in the years to come. 

To highlight just a few of the accomplishments:

• The Justice Department played a key role in developing the interagency memorandum of understanding (MOU) on environmental justice, which was signed by seventeen federal agencies, and also plays an active, ongoing role in the Interagency Workgroup on Environmental Justice.
• Representatives from the Environment and Natural Resources Division, the Civil Rights Division, and U.S. Attorneys’ Offices have met with dozens of communities across the country who have been affected by pollution, environmental justice advocates, the corporate community, and other stakeholders. The Community Relations Service facilitated meaningful participation in environmental decision-making through mediation and conciliation for community leaders and state and local officials.
• The Justice Department is working to achieve meaningful results for communities in its cases.  In cities across the U.S., such as St. Louis, Mo. and Jersey City, N.J., the Department brought cases to address illegal discharges from aging municipal wastewater and stormwater systems. Settlements in these cases improve public health and the environment for the entire affected community, while also addressing the specific impacts violations have on disproportionately burdened communities.  Litigation results benefiting communities across the country – in Massachusetts, Washington, Texas, Kansas, Georgia, Indiana, and many other states – are detailed in our report. 

Every American deserves clean air, water, and land in the places where they live, work, play, and learn. This administration has made significant strides in achieving these goals, but work remains. We will continue to ensure that we are coordinating effectively with other federal agencies on these issues. We will continue to engage communities, business and industry, and state, local, and tribal governments in this effort. We will also continue to integrate environmental justice considerations into the work we do every day.

To learn more or send us your feedback and comments on environmental justice in your community, visit our environmental justice webpage at: http://www.justice.gov/ej/

Department of Justice, Department of Interior, and Osage tribal officials sign a commemoration of the final settlement of historic trust accounting and trust management claims. Photo Credit: DOI

 The following post appears courtesy of Ignacia Moreno, the Assistant Attorney General Environment and Natural Resources Division at the U.S. Department of Justice and Hilary Tompkins, the Solicitor of the U.S. Department of Interior

Today, we joined Osage Tribe Principal Chief John Red Eagle, other tribal leaders, and our colleagues at the Treasury Department, in a ceremony to commemorate a historic settlement marking the end of a long-running lawsuit by the Osage Tribe of Oklahoma regarding claims involving the United States’ accounting and management of the tribe’s trust funds and non-monetary trust assets. 

Reaching a final settlement with the Osage Tribe on its trust accounting and trust mismanagement claims has been a priority for the Department of Justice and the Department of the Interior.  

Attorney General Holder and Secretary Salazar have been committed to resolving  pending tribal trust accounting and trust mismanagement cases, in a fair and equitable manner and without protracted litigation, so that the United States and the tribes can jointly undertake reconciliation and empowerment for American Indian nations. 

The settlement between the Osage Tribe and the United States is the product of months of dedicated efforts by the parties to achieve a fair and just resolution of the tribe’s trust claims.  The settlement is fundamental to the government-to-government relationship between the United States and the tribe.

The agreement marks a new beginning – one of just reconciliation, better communication between the Interior Department and the tribe, and strengthened management by Interior of tribal trust funds and trust resources.

The negotiated agreement, which was executed on Oct. 14, 2011, will end litigation regarding Interior’s accounting and management of the tribe’s trust accounts, trust lands, and other natural resources, including the tribe’s mineral estate. 

The United States will pay the tribe $380 million in compensation for the tribe’s claims of historical losses to its trust funds and interest income as a result of the government’s management of trust assets.  The parties will implement measures that will lead to strengthened management of the tribe’s trust assets and improved communications between Interior and the tribe. 

These measures include procedures for delivery of periodic statements of account, annual audit information, and information relating to the management of the mineral estate to the tribe.   Importantly, the agreement also provides dispute resolution provisions to reduce the likelihood of future litigation.

The United States looks forward to its continuing work with the Osage Tribe in a spirit of true partnership and mutual respect to build a stronger trust relationship.

All Americans deserve to be protected from environmental health hazards. That is why last week, the Justice Department, the Environmental Protection Agency (EPA) and the White House Council on Environmental Quality announced an agreement and signed a “Memorandum of Understanding on Environmental Justice and Executive Order 12898” (EJ MOU). As part of this agreement, federal agencies will develop environmental justice strategies and provide the public with annual progress reports on their efforts. These efforts will help protect the health of those living in communities overburdened by pollution so they can thrive.

Attorney General Holder highlighted the role this partnership will play in fighting for environmental justice stating:

“Today’s memorandum will reinforce the federal government’s commitment to the guiding principles of environmental justice – that the wealth, poverty, or race of any people should not determine the quality and health of the environment in which they live their lives. These are important steps to ensure that environmental justice is an integral part of our work.”

Environmental justice is a major priority of the Department of Justice and the EPA. Its goal is to provide all Americans – regardless of their race, ethnicity or income status – full protection under the nation’s environmental, civil rights, and health laws and to make sure that certain communities are not unfairly burdened with pollution, contaminated storm water, or toxic chemicals. Those who live in these environments face disproportionate health problems and greater obstacles to economic growth when their communities cannot attract businesses and new jobs.

The signing of the EJ MOU is the latest in a series of steps taken to elevate the environmental justice conversation and address the inequities that may be present in some communities. Last September, the reconvened Interagency Working Group on Environmental Justice (EJ IWG) met for the first time in more than a decade. In December, at the White House Environmental Justice Forum, Cabinet Secretaries and other senior Administration officials met with more than 100 environmental justice leaders from across the country to engage advocates on issues that are affecting their communities, including reducing air pollution, addressing health disparities, and capitalizing on emerging clean energy job opportunities. The EJ MOU reflects the dialogue, concerns and commitments made at the forum and other public events.

Executive Order 12898 “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” named federal agencies responsible for making environmental justice part of their mission and working with the other agencies on environmental justice issues as members of the EJIWG. This agreement furthers these responsibilities by broadening the reach of the working group to include participant agencies not originally named in the Executive Order.

The agreement also provides for areas of focus for federal agencies to consider as they prepare their environmental justice strategies and annual progress reports, including the impacts of climate change and commercial transportation and the implementation of the National Environmental Policy Act and Title VI of the Civil Rights Act of 1964.  Finally, it emphasizes the need for public input into agencies’ environmental justice work. 

 The following agencies signed the EJ MOU: Environmental Protection Agency; White House Council on Environmental Quality; Department of Health and Human Services; Department of Justice; Department of Agriculture; Department of Commerce; Department of Defense; Department of Education; Department of Energy; Department of Homeland Security; Department of Housing and Urban Development; Department of Interior; Department of Labor; Department of Transportation; Department of Veterans Affairs; General Services Administration; and Small Business Administration.

More information about The Interagency Working Group on Environmental Justice is available from the EPA.