Supreme Court’s College Admissions Ruling Could Impact Environmental Justice Efforts

The U.S. Supreme Court’s ruling in Students for Fair Admissions, Inc. vs. President and Fellows of Harvard College rightfully made news when announced in June 2023 for its expected impact on affirmative action programs in college admissions.

Another potential consequence of the decision, according to an article by Alex Brown in the New Jersey Monitor, could be on the ability of environmental regulators to monitor and mitigate pollution in minority and low-income neighborhoods, a key tool of environmental justice efforts.

Emily Hammond, an environmental law expert and professor at the George Washington University Law School, is quoted in the article describing the conundrum: “The [Supreme Court] majority really reinforced the idea that a generalized government policy of rectifying past discrimination would not pass constitutional muster.”

Lawmakers around the country are scrambling to figure out how to respond. Many expect state laws to face lawsuits as a result of the precedent now set by the U.S. Supreme Court. Examples of laws potentially at risk include a law approved in Minnesota in 2023 that “forces regulators to consider cumulative pollution effects before issuing air quality permits in certain areas, including tracts with 40% or more nonwhite residents,” according to Brown.

The consequences could also reach the federal level. “The Biden administration established a ‘race-neutral’ screening methodology known as the Climate and Economic Justice Screening Tool to guide its efforts to direct 40% of federal spending across many agencies to disadvantaged communities,” according to Brown.