C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER A—GENERAL › PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY › Subpart D—Requirements for Applicants and Recipients

40 C.F.R. § 7.90

Grievance procedures

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(a) Requirements. Each recipient shall adopt grievance procedures that assure the prompt and fair resolution of complaints which allege violation of this part.

(b) Exception. Recipients with fewer than fifteen (15) full-time employees need not comply with this section unless the OCR finds a violation of this part or determines that creating a grievance procedure will not significantly impair the recipient's ability to provide benefits or services.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2001–2025 · leading case: South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 505 (D.N.J. 2001).
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South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 505 (D.N.J. 2001). · cites it 2× “Specifically, Defendants argue that Plaintiffs are foreclosed from seeking a remedy under § 1983 because: (1) the EPA’s § 602 regulations require recipients to provide grievance proceedings (which the NJDEP did not), see 40 C.F.R. § 7.90 ; 14 (2) the regulations define “Agency…”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018). · cites it 2× “According to the complaint, to comply with the requirement that ADEM adopt grievance procedures, the director, or one of his predecessors, developed and adopted a document entitled "Memorandum 108: Procedure for Title VI or Environmental Justice Filing of Discrimination…”
South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 446 (D.N.J. 2001). “On the same date, Plaintiffs filed a complaint with the NJDEP, requesting a grievance proceeding pursuant to 40 C.F.R. § 7.90 of the EPA’s Civil Rights Regulations.”
Rex Vaughn, Sam Blakemore, Dwight Gamble, Dr. Jimmie Harvey, James Harwell, Taylor Hatchett, Dr. Eric Jensen, Dr. Angela Martin, Charles Price, Dr. William Saliski, Loree Skelton, & Dr. Jerzy Szafarski, in their Off. capacities as members of the Alabama Med. Cannabis Comm'n v. Alabama Always, LLC (Appeal from Montgomery Circuit Court: CV-24-900524). (Ala. Civ. App. 2025). “We concluded that the grievance procedure threatened the landowners' procedural right to administrative relief from racial discrimination as established by 40 C.F.R. § 7.90 (a) because, if the grievance procedure was invalid, any relief the Department of Environmental Management…”
Alabama Med. Cannabis Comm'n v. Alabama Always, LLC (Appeal from Montgomery Circuit Court: CV-24-900524). (Ala. Civ. App. 2025). “We concluded that the grievance procedure threatened the landowners' procedural right to administrative relief from racial discrimination as established by 40 C.F.R. § 7.90 (a) because, if the grievance procedure was invalid, any relief the Department of Environmental Management…”
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