RESOLUTION NO. 980899
Urging
the United States Environmental Protection Agency to reevaluate its interim
guidance for investigating Title VI Administrative Complaints Challenging
Permits.
WHEREAS,
the City of Kansas City, Missouri, is committed to the fair and equitable
application of environmental laws to all citizens; and
WHEREAS,
the U.S. Environmental Protection Agency (USEPA) has issued interim guidance
for investigating Title VI Administrative Complaints Challenging Permits; and
WHEREAS,
local governments are concerned that USEPAs interim guidance goes far beyond
Executive Order 12898, as it would interfere with traditional local land use
authority and economic redevelopment decisionmaking; conflict with current
state and local laws, programs or policies, including local zoning laws, land
use policies, brownfield redevelopment programs, urban economic revitalization
efforts, greenspace preservation initiatives, among others, and result in
business disinvestment and thus have ramifications for the local revenue tax
base; and
WHEREAS,
the guidance could have the effect of working against efforts to achieve
environmental protection and promote sustainable economic development; and
WHEREAS,
the USEPA must not develop policy which results in unnecessary burdens,
unfunded mandates to states, or which could result in takings pursuant to the
U.S. Constitution; NOW, THEREFORE,
BE
IT RESOLVED BY THE COUNCIL OF KANSAS CITY:
That
the Mayor and Council believes the USEPAs interim guidance is not workable in
its current form until states and local governments have resolved outstanding
issues with the USEPA. States and local governments must be afforded an
opportunity to work in a collaborative and substantive fashion in developing
policy guidance to advance environmental justice concepts, including, but not
limited to:
1. Conferring with the USEPA in
the development of any interim guidance; and
2. Participating in a meaningful
way in any federally established advisory committee to address this issue.
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