LPDD Model Law: Eliminating As-Of-Right Status of Polluting Facilities in Environmental Justice Areas

This model law addresses the issue of grandfathered approval for existing polluting facilities, which can evade stringent regulatory standards and technological improvements, and are often located in low-income communities and communities of color.

Unlike new facilities that must adhere to updated requirements, existing facilities operate under outdated regulations, posing a greater threat to the health of environmental justice communities. To prevent these facilities from evading regulatory oversight, this model bill introduces new permit renewal requirements that mandate a comprehensive analysis of how existing facilities interact with environmental stressors in the area, ensuring a thorough review of their impacts. Consultation with affected communities is also emphasized, allowing for informed decision-making by the government regarding the continued operation of these facilities.

This document was prepared by WE ACT for Environmental Justice and the Sabin Center for Climate Change Law separate from the LPDD Project. With the permission of these organizations, it is being included here as part of the implementation project of Legal Pathways to Deep Decarbonization. For more information on the collaboration between WE ACT for Environmental Justice and the Sabin Center for Climate Change Law, see http://DismantlingInjustice.org.