For the last several years, environmental professionals have been watching how an EJ complaint filed by environmental advocates in 2021 with USEPA involving the issuance of a construction permit for a scrap metal recycling facility in Chicago would play out, and whether the resolution would impact Illinois EPA permitting in any meaningful way. Then, in February, USEPA sent an Informal Resolution Agreement (IRA) to Illinois EPA which documented the settlement between the two agencies to resolve that complaint. This was a very important development, as it resolved a longstanding uncertainty and provided clarity around Illinois’ obligations and implementation of policies involving environmental justice. How has the Agency’s permitting program changed as a result of the IRA, if at all? Are there other permitting or public outreach-related changes on the horizon? And what role will environmental justice play in enforcement?
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