One Year into the IRA, L4GG is Fighting to Ensure No Community is Left Behind

As we mark the first anniversary of the Inflation Reduction Act (IRA), there's much to celebrate. But there are also pressing questions to address. At the heart of this reflection is a critical concern: Is the landmark Justice40 Initiative, under President Biden’s administration, genuinely steering 40% of funding to our nation's most disadvantaged populations?

The IRA, in just one year, has catalyzed the creation of approximately 170,060 jobs across 44 states. It has injected a staggering $278 billion in investments into the economy, sprouting 272 new clean energy projects that have reached both our bustling cities and quaintest towns. However, as these impressive numbers roll out, we must pause and ponder: Are Black, brown, and historically marginalized communities truly benefiting? Are they even aware of the myriad of opportunities, like the Direct Pay tax program, lying at their doorstep?

Jillian Blanchard, L4GG’s Director of Climate Change and Environmental Justice, raises a poignant observation, “The Biden Administration has made some incredible strides in moving the clean energy market and investing in disadvantaged communities…but it needs to do a better job of communicating these opportunities to the American people and sharing success stories.” This remark, while acknowledging the strides taken, also underscores the journey ahead.

So, how is L4GG acting on this?

1. Empowering through Knowledge: Recently, we hosted a comprehensive free legal training centered on the Direct Pay initiative. This session, facilitated by experts from tax, project finance, and energy law sectors, educated over 200 entities. The attendees ranged from state and local governments to frontline communities. They were equipped with strategies to tap into elective pay for innovative green projects.
   

2. Standing Up for Marginalized Communities: At L4GG, we believe in direct action. Through our Decarbonization and Climate Resilience Funding Clinic, we are actively offering pro bono representation to overburdened communities. An example is our representation of the Indiana NAACP at the IURC. The objective? To influence state-wide EV infrastructure policies, ensuring they cater to the needs of all. This mission was showcased in a recent press conference that united Black equity leaders from Indiana. You can watch the press conference to learn more about the Indiana NAACP’s mission here.
   

3. Mapping the Road Ahead: We will soon release an updated version of our 50-state Disadvantaged Communities Report. This document aims to shed light on best practices for implementing Justice40, promote genuine community engagement, and establish methodologies to truly identify and uplift disadvantaged communities.
   

Looking back at a year since the IRA’s inception, our nation stands at a pivotal juncture. We have the tools, the resources, and the intent. The challenge now is to ensure that the benefits of our green transition reach every corner of our nation, leaving no community in the shadows.

Lawyers play an indispensable role in this narrative. Their expertise can serve as the bridge that connects disadvantaged communities to the complex web of climate legislation. Through understanding, advocacy, and representation, they can demystify the opportunities and funding available, ensuring everyone gets a fair share of the green future. L4GG will continue to mobilize the legal community to champion the causes of overburdened communities, simplify the intricacies of laws like the IRA, and fight for an equitable future!

Indiana NAACP Partners with Lawyers for Good Government to Defend Equity in Electric Vehicle Infrastructure Deployment

Indianapolis, IN — As the Indiana Department of Transportation (INDOT) and the Indiana Utilities Regulatory Commission (IURC) prepare to roll out the funding, policies, and procedures that will shape the state’s shift to electric vehicles (EVs), the Indiana State Conference of the NAACP (Indiana NAACP) is leading a coalition of political, faith, and community leaders to advocate for an equitable transition to clean transportation. 

With pro bono legal assistance from Lawyers for Good Government (L4GG) and Dentons Bingham Greenebaum LLP (Dentons) under L4GG’s Decarbonization and Climate Resilience Funding Clinic, the Indiana State Conference of the NAACP (Indiana NAACP) is intervening in the Commission’s Proceeding (Cause No. 45816) to help ensure equitable policy-making for EV siting and infrastructure in Indiana. 

This proceeding falls under the Public Utilities Regulatory Policies Act (PURPA) and will promote greater electrification of the transportation sector in Indiana.  The way the Commission implements these efforts will have serious implications for the future of EV mobility for all Hoosiers.  As an Intervenor, Indiana NAACP testifies that in order to ensure that all Indiana communities can benefit from EV infrastructure, the IURC should adopt relevant portions of the Indiana Alliance for Equity, Diversity and Inclusion of Electric Vehicle Infrastructure and Economic Opportunities (Alliance’s) Six Point Plan in a final Order that it will issue. Adopting the Six Point Plan will help establish regulatory policies and provide critical guidance to utilities to ensure the equitable placement and siting of EV infrastructure and a just transition to clean transportation for decades to come. All parties have been asked by the administrative law judge to craft a joint proposed order, but it remains to be seen whether the utilities will be willing to incorporate tangible measures to ensure equitable distribution of EV charging for all Hoosiers, including Black and other communities of color and low-income communities. 

““We need to electrify our interstates and install charging where people live, worship, work, and play. The EV transition offers real opportunities to Black and other people of color in policy innovation, small business, and job creation. By centering the needs of communities of color, we can ensure racially equitable benefits across communities.””

— Denise Abdul-Rahman, State Chair, Environmental Climate Justice, Indiana State Conference of the NAACP. “

““It is critical for groups like Indiana NAACP to be an equal party to the Commission’s proceedings to ensure that utilities prioritize siting and maintenance of EV infrastructure in Black communities and communities of color and to ensure that at least 40% of the $100M of federal funding going to the State of Indiana actually benefits disadvantaged communities consistent with Biden’s Justice40 requirements. The policies that will result from the Commission proceeding are critical in this regard.””

— Jillian Blanchard, Director of Climate Change & Environmental Justice at Lawyers for Good Government

Right now, the State is poised to receive almost $1B over the next five years for EV infrastructure, and the IURC is in the process of crafting an order that will determine what, if any, measures Indiana’s five big investor-owned utilities will need to take to ensure that EV infrastructure is deployed equitably in communities that have been historically neglected.  

The IURC proceeding is one critical piece in a larger puzzle that will shape Indiana’s EV siting and infrastructure with major implications for racial equity, economic opportunity, and public health. Together, the Indiana NAACP and L4GG are actively advocating for equity, political rights, and social inclusion by advancing policies and practices that expand human and civil rights, eliminate discrimination, and accelerate the well-being, education, and economic security of Black people and all persons of color, particularly through EV infrastructure buildout.

Indiana NAACP has worked for years to ensure equity in the rollout of EV charging infrastructure requirements in the State of Indiana by coordinating with coalition partners in the Indiana Alliance for Equity, Diversity and Inclusion of Electric Vehicle Infrastructure and Economic Opportunities (the Alliance). Last year, the Alliance raised the alarm about the need for the State’s NEVI plan to ensure both meaningful community engagement and equitable siting, hiring, and management of placement of EV infrastructure, working at the local, state, and federal levels.

L4GG has been working on similar policies at the federal, state, and local levels to ensure the equitable distribution of the billions of dollars coming down under the Bipartisan Infrastructure Law for EV transportation projects, including providing pro bono legal assistance to Black communities and other overburdened communities that have long been neglected—and often directly harmed—by traditional transportation projects. 

The Indiana NAACP’s intervention in Cause No. 45816 is driven by the understanding that the current EV revolution could perpetuate, rather than challenge, long-standing racial inequalities. Systemic barriers such as financial capacity for EV ownership, access to charging stations, and digital literacy for EV-related research contribute to racial inequities that could prevent Black and brown communities from enjoying the benefits of the shift to clean cars and better air quality.

The Indiana NAACP acknowledges the economic impact of the emerging green economy, and recognizes the critical importance of directing investments towards disadvantaged communities. An equitable distribution of funding for and siting of EV infrastructure not only supports the fight against climate change, but it can also empower marginalized communities to take part in building and benefitting from the new green economy and starts to level the playing field.

In addition, the health benefits of accessible and widespread EV adoption cannot be overstated because decades of segregation and structural racism have resulted in Black communities suffering from higher exposure to transportation pollution. 71 percent of African Americans live in counties in violation of federal air pollution standards. Our collective advocacy aims to combat these public health disparities by advocating for more EV infrastructure in all communities, thereby reducing harmful tail-pipe emissions and improving overall public health, particularly in the communities that have suffered the most from transportation pollution.

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The Indiana State Conference of the NAACP Our mission is to achieve equity, political rights, and social inclusion by advancing policies and practices that expand human and civil rights, eliminate discrimination, and accelerate the well-being, education, and economic security of Black people and all persons of color.

Lawyers for Good Government (L4GG) coordinates large-scale pro bono programs and issue advocacy efforts to protect human rights, defend the environment, and ensure equal justice under the law, and has a network of 125,000+ lawyers to assist in its efforts. The Climate Change and Environmental Justice Program leverages its vast pro bono network to expedite the just, equitable, and fair transition to a green economy.