Padilla, Barragán Introduce Bicameral Bill to Codify DOJ’s Office of Environmental Justice

WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.) and Representative Nanette Diaz Barragán (D-Calif.-44) introduced bicameral legislation to permanently codify the Office of Environmental Justice within the Department of Justice’s Environment and Natural Resources Division (ENRD). The Empowering and Enforcing Environmental Justice Act follows Attorney General Pam Bondi’s recent order eliminating all environmental justice efforts at the DOJ on her first day as Attorney General.

Bondi’s directive followed President Trump’s executive order dismantling all Diversity, Equity, and Inclusion initiatives across federal agencies. As a result, programs designed to combat pollution in communities of color, indigenous communities, and low-income areas were effectively shut down. The Trump Administration also terminated several ENRD attorneys responsible for prosecuting environmental violations, including cases like the Volkswagen emissions scandal and the East Palestine train derailment.

“The Trump Administration’s systematic elimination of environmental justice efforts completely abandons millions of Americans whose communities have suffered from toxic pollution for decades,” said Senator Padilla. “Every federal agency has a responsibility to provide justice to these communities, and I remain committed to guaranteeing clean air and water for all. Our legislation would ensure that the Department of Justice holds polluters accountable for environmental crimes and works directly with communities on the frontlines of the climate crisis to rectify longstanding environmental harms.”

“The Trump Administration’s elimination of environmental justice safeguards at DOJ is a gift to corporate polluters. It has left communities of color and low-income communities vulnerable to disproportionate pollution and harm, with no protection,” said Congresswoman Barragán. “Our bill reestablishes and permanently codifies the Office of Environmental Justice to protect impacted communities and ensure polluters face accountability. No community should bear the health consequences of environmental injustice.”

The legislation will strengthen efforts at the Department of Justice to enforce environmental laws, hold polluters accountable, and support state and local environmental enforcement capacity. The Empowering and Enforcing Environmental Justice Act would also authorize $50 million in annual grant funding to assist state and local governments with their own environmental enforcement efforts.

During the Biden Administration, Padilla and Barragán introduced a version of this bill, which led to the DOJ establishing the Office of Environmental Justice. This office undertook the responsibilities that the lawmakers outlined in their original bill. Padilla has since led an appropriations push to provide $1.4 million annually to this office.

The Main Functions of the Environmental Justice Office include:

  • Developing and updating the environmental justice strategy for the DOJ
  • Promoting the right of the public to participate in DOJ’s environmental justice work and mission
  • Providing support to state and local governments on how to address environmental justice issues
  • Funding $50 million in annual grants to boost local and state agency capacity to hold polluters accountable
  • Managing a Senior Advisory Council made up of different components at DOJ to advise the Natural Resource Division’s Assistant Attorney General on matters of environmental justice

In the Senate, the Empowering and Enforcing Environmental Justice Act is cosponsored by Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.). In the House, the legislation is cosponsored by Representatives Yassamin Ansari (D-Ariz.-03), Suzanne Bonamici (D-Ore.-01), Jasmine Crockett (D-Texas-30), Diana DeGette (D-Colo.-01), Tim Kennedy (D-N.Y.-26), Raja Krishnamoorthi (D-Ill.-08), Doris Matsui (D-Calif.-07), LaMonica McIver (D-N.J.-10), Eleanor Holmes Norton (D-D.C.-AL), Dina Titus (D-Nev.-01), and Rashida Tlaib (D-Mich.-12).

Senator Padilla is a champion for ensuring all communities can breathe clean air and drink clean water in California and across the country, including through improved enforcement on environmental violations. In addition to calling for the establishment of the Office of Environmental Justice, Padilla outlined recommendations to former Attorney General Merrick Garland to strengthen its environmental justice program to advance the nation’s environmental justice goals. Padilla has also called on the Department of Justice to improve enforcement of environmental laws in the Central District of California and explain their policy regarding the use of non-prosecution agreements that spare corporate polluters of criminal liability, specifically in communities in the Los Angeles area, which are severely impacted by multiple sources of pollution.

Last year, Senator Padilla helped secure $216.5 million the Inflation Reduction Act for 15 California projects to advance local, on-the-ground projects that reduce pollution, increase community climate resilience, and strengthen workforce development. Following multiple pushes from Padilla, the EPA proposed to add the Exide Technologies – Vernon site, located in Vernon, California, to the Superfund National Priorities List last year. Padilla also applauded the EPA’s release of the strongest national greenhouse gas standards in history for heavy-duty vehicle emissions to begin in model year 2027, protecting environmental justice communities following a series of efforts he led.

Full text of the bill is available here.

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