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

If rectifying racial injustice no longer passes constitutional muster, what chance does the environmental justice movement have?

2 minute read

August 29, 2023, 12:00 PM PDT

By James Brasuell @CasualBrasuell


The exterior of the U.S. Supreme Court, with an American flag flying above its large columns and white marble exterior.

Kostiantyn1302 / Shutterstock

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.

Tuesday, August 29, 2023 in New Jersey Monitor

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30, 2026 - Yale Environment 360

People vote in Chicago behind blue privacy screens

Chicago voters approve permanent festival grounds, penalty for vacant property owners

Currently, major summer and fall festivals take over public parks for weeks at a time, drawing criticism from nearby residents

November 5 - Block Club Chicago

Mayor Zohran Mamdani speaks into a microphone. He wears a gray suit.

NYC votes to cut outdoor dining red tape, speed up permitting

New York City also voted to allow the Department of Transportation to begin work on urgent projects before notifying elected officials.

November 5 - The City Reporter

People in Los Angeles going to the polls, following a sign with an "I Voted" design

California appears to reject Prop. 45

The proposition would have expanded the projects that qualify for a streamlined environmental review, effectively paring down the California Environmental Quality Act.

November 5 - Cal Matters