Law360, New York (January 22, 2015, 11:59 AM EST) -- Imagine this scenario: In the course of constructing a new manufacturing facility, your company's environmental, health and safety manager applies to the state environmental agency for a general national pollutant discharge elimination system permit. While the permit application is pending, the agency informs your EHS manager that your new facility is in an environmental justice ("EJ") area and asks your company to analyze whether the proposed NPDES permit will adversely impact the health of low-income and minority citizens in that community, given the fact that elevated levels of lead have already been identified in the community's drinking water supply. The agency also requests that your company hold a "listening session" at a local community center so that residents may comment on the permit application....