H.R. 5896, The Environmental Justice Enforcement Act of 2008

• This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

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H.R. 5896 would restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes.

Detailed Summary

Environmental Justice Enforcement Act of 2008 - Amends the Civil Rights Act of 1964 to declare that discrimination based on disparate impact under federally assisted programs (including exclusion from participation and denial of benefits) is established only if a person aggrieved by discrimination on the basis of race, color, or national origin demonstrates that: (1) a covered entity has a policy or practice causing a disparate impact on that basis and fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or (2) a less discriminatory alternative policy or practice exists, but the covered entity refuses to adopt it.

Authorizes an aggrieved person to: (1) bring a civil action in federal or state court to enforce such person's rights; and (2) recover equitable relief, attorney's fees, and costs.

Status of the Legislation

Latest Major Action: 6/3/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Points in Favor

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Points Against

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