As environmental justice (EJ) gathers focus at a federal level, many businesses find themselves at increased risk from the ramped-up enforcement activities. The issue taking center-stage now is the matter of cumulative risk, as governed by the US Environmental Protection Agency (EPA). There is a growing recognition that how the EPA assesses and addresses EJ-related cumulative risk can potentially create significant uncertainty.
The EPA recently published risk assessment comments, throwing light on the issue at hand. EJ issues have been a point of focus in recent times, creating a high-stakes situation for many businesses. The way these cumulative risk assessments are carried out and their potential impacts are proving to be of significant concern.
Companies need to understand the implications of these comments and the potential changes in enforcement; not just to avoid noncompliance, but also to ensure that they make informed decisions regarding their operations and regulatory strategies.
In the past, cumulative risk has been an understudied facet of environmental justice. The recent actions of the EPA signal that this is about to change. The organization’s recent actions and statements indicate a clear intent to address cumulative risk impact when assessing EJ-related issues.
Gaining a clear understanding of the EPA’s approach to EJ and cumulative risk assessments will be key to minimizing businesses’ exposure to noncompliance risks and potential regulatory changes. Looking ahead, it is evident that the businesses and law firms that adapt promptly to this changing landscape are the ones most likely to weather the storm.