Are environmental regulators globally doing enough to ensure a just transition?

I. Introduction

As the global community accelerates the shift toward a low-carbon economy, ensuring that this transformation is just and equitable remains a pressing challenge. Climate change disproportionately affects marginalized communities that often bear the brunt of environmental harm while benefiting the least from economic progress. Environmental regulators hold a pivotal role in bridging this gap, ensuring that climate actions are not just ambitious but also fair. Recent events - such as the 2024 United Nations General Assembly (UNGA) and NYC Climate Week - highlight the world's focus on the Sustainable Development Goals (SDGs) and the aspiration for a just transition.

However, significant questions still need to be answered about whether current regulatory frameworks are equipped to achieve these aspirations. In the United States, the Environmental Protection Agency (EPA) has faced setbacks in integrating environmental justice into policy. This article will explore whether environmental regulators globally are equipped to facilitate a just transition that prioritizes climate justice and protects vulnerable populations from the adverse effects of environmental policies. Using the EPA’s 2024 policy moves as a case study, the piece will probe how international counterparts are addressing - or failing to address - the need for equity in climate action, examine successes and failures worldwide, and offer policy recommendations for strengthening the role of environmental regulators in promoting a just transition.

II. The U.S. Environmental Protection Agency: Regulatory moves and legal challenges

The EPA has been working diligently to push through key environmental regulations as the Biden administration moves toward the end of its term. Since 2021, the EPA has finalized critical regulations on power plants, automobile emissions, methane, hydrofluorocarbons, and toxic substances - all aimed at curbing pollution and mitigating climate change. In 2024, these efforts have intensified, as the agency races against the Congressional Review Act’s look-back period, which could enable a future Congress to undo much of the regulatory progress made during Biden's tenure. The stakes are high, and the clock is ticking.

One prominent regulation finalized this year targets greenhouse gas emissions from power plants, particularly coal-fired and new natural gas-fired facilities. This rule is a key element of the administration's climate strategy, aiming to reduce overall emissions while imposing strict standards for mercury and other pollutants that impact human health and ecosystems. However, this policy is already under attack. Red states and energy industry groups have initiated litigation, and skepticism from environmental justice advocates has further complicated the path forward.

One of the most contentious issues is the EPA’s reliance on carbon capture and storage (CCS) technology. While CCS is viewed by some as an essential tool for meeting climate goals, many environmental justice organizations argue that these technologies do little to protect marginalized communities. They fear that CCS may perpetuate pollution exposure in places like Louisiana’s "Cancer Alley," where residents are already burdened by decades of industrial emissions. The administration sees power plant rule as an essential regulatory tool. However, environmental justice organizations are skeptical of the reliance on carbon capture and storage technology. They believe it will result in continued exposure to pollution in already overburdened communities.

The Louisiana federal court ruling that blocked the EPA’s ability to use disparate impact regulations under Title VI of the Civil Rights Act further underscores the fragility of environmental justice protections. The ruling not only questions the legitimacy of the EPA’s authority in this area but also risks dismantling a critical tool for addressing the unequal distribution of environmental harms across different communities. The Congressional Review Act adds another layer of uncertainty, threatening to undo recent gains in environmental protections should political power shift in Congress. In such a landscape, the question becomes whether the EPA can safeguard its progress and, more importantly, whether it can ensure that climate policies genuinely benefit those most at risk.

III. Insights from international approaches

1. European Union: The Green Deal and climate justice

While the U.S. struggles with its regulatory landscape, other countries offer valuable lessons - both in their successes and shortcomings. The European Union’s Green Deal is one such example. The Green Deal aims to integrate equity into its climate policies by supporting vulnerable regions and ensuring that no community is left behind in the transition. It includes mechanisms such as the Just Transition Fund, which allocates resources to help coal-dependent regions move toward greener economies while protecting jobs and livelihoods. However, critics argue that the pace of implementation and the degree of funding for marginalized groups have not been sufficient to address systemic inequalities. The EU's experience illustrates that ambitious policies must also be backed by robust financing and targeted interventions to support the most vulnerable.

2. South Africa’s just transition framework

South Africa provides a promising model through its Just Transition Framework, which explicitly incorporates social justice into national climate policy. This framework aims to retrain workers affected by the phasing out of coal industries while addressing issues of energy poverty. The country has established a Presidential Climate Commission to ensure a participatory process, involving labor unions, business sectors, and civil society groups. By incorporating the voices of those directly affected, South Africa demonstrates how regulatory frameworks can directly address equity when marginalized communities are included in decision-making from the outset.

3. Brazil’s struggle to protect indigenous lands

In Brazil, efforts to protect indigenous communities from environmental harm in the Amazon have been challenging, but they also highlight the complexities faced by environmental regulators when economic interests collide with social justice. Despite legal protections, indigenous lands continue to be threatened by agricultural and logging activities. Brazil’s government has often faced criticism for prioritizing agribusiness over the rights of indigenous populations, and enforcement of existing regulations has been inconsistent. This underscores the need for stronger enforcement mechanisms that prioritize human rights and environmental justice over short-term economic gains.

4. India’s challenges with urban air quality

India’s National Clean Air Programme (NCAP) has faced criticism for its inability to adequately protect residents of urban slums from air pollution. The NCAP aims to reduce particulate pollution in major cities; however, implementation has been hindered by insufficient funding and the lack of local-level capacity to enforce regulations. This has disproportionately affected marginalized communities living in urban slums, who already suffer from limited access to healthcare and basic services. The struggle to balance rapid urban development with environmental health standards illustrates the need for inclusive policies that consider the lived experiences of vulnerable populations.

5. China’s renewable energy projects and their social impact

In China, the rapid expansion of renewable energy projects has led to the displacement of rural communities, raising concerns about whether the pursuit of clean energy can inadvertently exacerbate inequalities if social safeguards are not put in place. Large-scale solar and wind projects have, at times, displaced traditional farming communities, leaving residents without sufficient compensation or alternative livelihoods. While China’s commitment to renewable energy is commendable, the social impact on displaced communities highlights the importance of integrating justice considerations into environmental projects to prevent new forms of inequity.

IV. Reflections on the 2024 UNGA and NYC Climate Week

The 2024 UN General Assembly was marked by discussions on accelerating progress toward the SDGs, with a particular emphasis on equity and resilience. The United States made strong commitments to advance these goals, sending a signal to its regulatory bodies—including the EPA, DOT, FEMA, FAA, and CEQ - that a comprehensive approach to climate action must also be just. This emphasis on justice at UNGA underlines the international expectation that regulatory bodies in the Global North must lead the charge in balancing climate mitigation with equity.

NYC Climate Week provided a platform to showcase initiatives aimed at building resilience through sustainable infrastructure. FEMA’s role was prominent, with activities including hosting a Fire Chiefs Roundtable, a Risk Communications Webinar, and a full-day summit in partnership with the EPA focused on resilient infrastructure. The roundtable addressed wildfire risks, highlighting the importance of preparedness and response in the face of intensifying fire seasons - a topic that also built on discussions held earlier in 2024 at the inaugural World Fire Congress.

Additionally, the summit explored the role of nature-based solutions, energy efficiency, and net-zero strategies in building community resilience. It featured discussions on topics such as using salvaged materials for sustainable disaster debris management, reflecting FEMA's commitment to using innovative approaches for a greener recovery. The summit emphasized that resilience-building must include all facets of disaster management, from preparation to long-term recovery, integrating sustainability and community equity into each stage.

The broader Climate Week NYC also embraced a more participatory hybrid format, allowing global stakeholders - including those from developing countries and grassroots organizations - to contribute to key discussions. The intersection of entertainment, fashion, and technology with climate solutions showcased the need for cultural and technological innovations in achieving sustainability goals. Young leaders played a prominent role, pushing for systemic change and demanding urgent climate action, demonstrating that the youth voice is increasingly recognized as essential in the climate discourse.

These global gatherings reflect growing momentum for integrating justice into climate action, but they also reveal gaps between rhetoric and reality. Despite the inspiring discussions, there remains a considerable gap between commitments made on international stages and the actions taken by national regulators. The challenge now is for these promises to translate into policies that deliver real, tangible benefits to marginalized populations.

V. Policy recommendations for a just transition

1. Integrate environmental justice in regulatory frameworks

To achieve a just transition, environmental regulators must embed climate justice into the heart of all policies. This means that climate regulations should not only address emissions reductions but also assess the broader social impacts on different communities. The success of South Africa’s Just Transition Framework demonstrates that it is possible to design policies that are fair and effective when equity is considered from the outset.

2. Enhance community engagement in policy-making

Community participation is crucial for ensuring that policies do not inadvertently harm those they are meant to protect. By increasing engagement with affected communities, regulators can gain valuable insights into local challenges and co-develop solutions that work in practice. Examples of community-led initiatives, such as those championed by indigenous groups in the Amazon, show that involving stakeholders directly leads to more sustainable and equitable outcomes.

3. Stricter protections for vulnerable populations

Stronger enforcement mechanisms are necessary to protect vulnerable populations from environmental harm. This involves increasing funding for environmental justice initiatives, setting clear penalties for non-compliance, and ensuring that marginalized voices are not sidelined in regulatory processes. Regulators must work to close the gap between commitments to climate justice and the regulatory actions that directly impact people's lives.

4. Learning from international successes and failures

The international landscape offers both cautionary tales and models for success. Countries like South Africa have shown that embedding justice into climate frameworks is not only possible but also essential for achieving a truly equitable transition. At the same time, examples from China and India highlight the risks of pursuing climate action without considering social impacts. Regulators must use these lessons to design policies that prevent the repetition of past mistakes and ensure a fair outcome for all.

VI. Conclusion

The path toward a low-carbon future is fraught with challenges, but it is also rich with opportunities to address long-standing inequalities. Environmental regulators play a crucial role in this transition, and their actions—or inactions—can determine whether the shift to a low-carbon economy is just or if it leaves behind those most in need of protection. The recent policy moves by the EPA, coupled with global commitments made during the 2024 UNGA and NYC Climate Week, indicate progress but also the need for more substantial, systemic action.

A just transition requires more than technological solutions; it demands a commitment to equity, resilience, and human rights. Environmental regulators globally must rise to this challenge, moving beyond rhetoric to implement policies that protect the most vulnerable and ensure that the benefits of climate action are shared by all. As the world stands at this critical juncture, the need for ambitious and just climate action has never been clearer.

The journey ahead is complex, but with a steadfast commitment to justice, environmental regulators can ensure that the low-carbon future we are striving for is a future in which no one is left behind.

References 

1. Law360 article, "The Biggest Enviro Policy Moves Of 2024: Midyear Report," Juan-Carlos Rodriguez, August 23, 2024.https://www.law360.com/articles/1846082/the-biggest-enviro-policy-moves-of-2024-midyear-report 

2. European Commission, "The European Green Deal," Link.

3. Brookings Institution, "What to Watch for at the 2024 UN General Assembly," Link.

4. South Africa’s Presidential Climate Commission, "Just Transition Framework," Link.

5. Amazonconservation.org, "Deforestation and Conservation in the Amazon," Link.

6. India’s National Clean Air Programme (NCAP) Report, "Towards Cleaner Air in India," Link.

7. Towards solar extractivism? A political ecology understanding of the solar energy and agriculture boom in rural China" Link.

8. United Nations General Assembly 2024 Recap, Wilson Center Video, "UNGA 2024 Recap: Crises, Conflicts, and Pact for the Future Dominate Talks," Link.

9. FEMA, "FEMA Celebrates Climate Week NYC, Officials Across Agency Participate in Events," September 23, 2024, Link; 

10. Climate Week NYC, "Climate-Resilient Infrastructure: Building a More Sustainable Future," Link.

11. Sanders, Monica. "Six Things to Be Excited About at NYC Climate Week 2024," Forbes.com, September 21, 2024, Link.