In a forceful pushback against the Environmental Protection Agency's (EPA) policies, Tennessee Attorney General Jonathan Skrmetti has teamed up with a 23-state coalition, challenging the agency to overhaul regulations that they claim constitute racial discrimination, according to a statement released by the Tennessee AG's office. The regulations in question are based on Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the grounds of race, color, or national origin in programs receiving federal funding.

Skrmetti and the coalition argue the EPA has been overstepping since 2021 with its environmental justice initiatives that require states to factor in race and demographic data when making decisions on permits and funding, which directly contradicts Title VI as the states are forced to consider these factors, they're also pushed into a corner where compliance with federal mandates and adherence to anti-discrimination laws seems like an impossible balancing act. The attorney general has stated, "Federal agencies continue to pursue rules that treat people differently based solely on the color of their skin, in violation of the Constitution and our American ideal of equality." This sentiment echoes the frustration shared by other states in the coalition.

The heart of the controversy is whether the EPA's current regulations align with the Equal Protection Clause, alongside its statutory authority. The states have petitioned the EPA, with Skrmetti, stating that current practices waste taxpayer dollars and divert attention from the EPA's fundamental purpose, which is the fair enforcement of environmental legislation. In his condemnation of the existing policy Skrmetti asserts, "This insistence on illegal racial decision-making wastes time and tax dollars and distracts the EPA from its core mission of lawfully enforcing our nation’s environmental laws."

The coalition, spearheaded by Florida, includes a variety of states spread across the country, from Alabama to Wyoming, the attorney generals of these states have put their weight behind a petition that demands the EPA rewrites its regulations to comply with the Equal Protection Clause, in essence, they want to ensure that environmental policies are not only just but are seen to be just, without the specter of discrimination looming over them. As of now, the EPA has yet to respond to the demands of the coalition, leaving the next move in this legal chess game hanging in the balance.

With an ongoing debate surrounding the interpretation of civil rights legislation and its application to environmental policy, it remains to be seen how the EPA will navigate the pressures from states like Tennessee, and whether it will lead to a significant shift in how the agency enforces environmental justice moving forward. The full details of the coalition's petition and Skrmetti's statement can be found on the Tennessee Attorney General's website.