Republican AGs Push Back on Scope of EPA’s Anti-Discrimination Regulations

  • A group of 23 Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under Title VI of the Civil Rights Act that prohibit recipients of EPA funds from engaging in certain discriminatory practices.
  • In the petition for rulemaking, the AGs argue that the EPA’s regulations exceed the agency’s rulemaking authority and that the regulations discriminate against individuals on the basis of race, color, national origin, or sex by incorporating disparate-impact liability, which they allege is inconsistent with Title VI and the Equal Protection Clause.
  • The petition for rulemaking demands that the EPA amend its regulations to remove disparate-impact liability.