Disparate impact is a legal standard in federal civil rights law that allows policies that cause unequal harm to people to be challenged, even without proof of discriminatory intent. It was a key tool for challenging policies that disproportionately expose communities of color to pollution and climate risk, even without explicit discrimination.

Because of changes under Title VI of the Civil Rights Act of 1964, the Justice Department will no longer step in if discrimination is not explicit. What does this mean? Weaker federal enforcement on environmental equity, fewer consequences for policies that predictably worsen pollution in frontline communities, and more.

Download our one-pager on changes to disparate impact protections, their impact on climate justice, and what can be done to challenge policies that cause unequal harm despite changes at the DOJ.