This is the eleventh in our series on the “ABCs of the AJP.”

America’s kids are the beneficiaries of many of the provisions of President Biden’s Jobs Plan, and several of the proposals would benefit them and their caretakers specifically.  Children have become a focus point of discussions about climate change, because absent intervention they are poised to inherit a world that suffers from its negative effects without having contributed meaningfully to the emissions that bring it about.  This has been a central narrative of the long-running Juliana litigation, for example.  The Biden Administration has also recognized the intergenerational inequity of climate change in other policy initiatives, for example in its ongoing efforts to revise the social cost of greenhouse gases.

The AJP frames efforts related to children as an investment in the country’s future, recognizing that healthy, educated, and safe youth will become productive contributors to the American economy.  To this end, the AJP proposes several initiatives that would reduce child exposure to traditional pollutants:  Eliminate lead pipes and service lines in drinking water systems, retire old, dirty diesel school buses, and improve indoor air quality and ventilation in classrooms.  These initiatives are expected to pay significant health dividends:  As EPA has recognized, children are often more vulnerable to pollutants, which can stunt their growth and development.  Consistent with the environmental justice focus of the Administration, many of these improvements would go to children in the most underserved communities.

These older buildings, vehicles, and other infrastructure will be replaced, retrofitted, or improved with efficient, emissions reducing, and resilient alternatives, which will help mitigate and prepare for climate harms.  For example, the plan proposes $100 billion to modernize schools and childcare facilities, in the process making them more energy efficient.  Similarly, the plan invests $213 billion in sustainable places to live for families.  At least twenty percent of the country’s aging diesel school bus fleet will be replaced by electric vehicles.

The provisions targeted for children mirror a strategy found throughout the AJP:  use federal funds and other incentives to jump start a transition to updated, climate-friendly infrastructure, with the hope that the private sector will continue the trend once the public expenditures complete.  The school bus electrification target, for example, is part of a much broader Administration goal to promote adoption of EVs.  Entities regulated by EPA would also be wise to watch whether this focus on children’s health carries beyond the AJP to other programs the agency administers:  Administrator Michael Regan recently signaled a renewed focus on such issues in an address to EPA’s Children’s Health Protection Advisory Committee.

 

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Photo of John Mizerak John Mizerak

Jack Mizerak is special counsel in the firm’s Washington DC office, focusing on product safety, transportation, and environmental matters. He has experience with investigations, litigation, and regulatory issues under the Clean Air Act, the Motor Vehicle Safety Act, the Consumer Product Safety Act…

Jack Mizerak is special counsel in the firm’s Washington DC office, focusing on product safety, transportation, and environmental matters. He has experience with investigations, litigation, and regulatory issues under the Clean Air Act, the Motor Vehicle Safety Act, the Consumer Product Safety Act, the Administrative Procedure Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and other environmental and consumer protection standards.

Jack has expertise in governmental enforcement, including fact development, government engagement, and adoption of compliance reforms to address underlying issues and prevent recurrence of violations. He was an integral part of a Covington team that resolved one of the ten largest enforcement matters in the history of the Environmental Protection Agency.

Jack works extensively with clients in the automotive sector, advising original equipment manufacturers, traditional Tier 1, Tier 2, and Tier 3 suppliers, advanced technology and software suppliers, trade associations, and fleet owners on a range of policy, regulatory, compliance, and enforcement issues, spanning both the consumer and freight sectors. He has represented clients facing some of the largest automotive recalls in U.S. history, affecting as much as 15% of vehicles registered in the United States. Jack also regularly advises clients on emerging technologies in the automotive industry, including connected and autonomous vehicles and zero-emission powertrains.

Jack also represents clients in the growing micromobility and low-speed vehicle sectors. He represents manufacturers and fleet operators of personal transportation vehicles, e-bikes, and scooters.

Jack regularly represents clients in the consumer product space more broadly, including manufacturers online platforms. His work spans the entire product lifecycle, from standard setting for product categories, risk assessments during product development, and litigation and investigations stemming from issues after products have been introduced into commerce.