"Wrong on the Facts, Wrong on the Law": Civil Rights Advocates Excoriate EPA's Most Recent Title VI Misstep
Editors' Summary: The Select Steel decision marked the first administrative Title VI complaint that EPA decided on the merits. The complaint challenged the state of Michigan's decision to grant a permit to the Select Steel Corporation for a steel mini-mill in Flint, Michigan. EPA ruled that Michigan did not violate Title VI because the permit decision would have no adverse impact and, thus, no disproportionate impact, on the surrounding community. This Dialogue examines the background and context for the Select Steel decision. It then analyzes the decision itself as well as EPA's approach in deciding the Select Steel case. The Dialogue ends with a critique of EPA's decision and rationale, arguing that the Agency's decision was both factually and legally incorrect.