Rosemere

I. Factual and Procedural Background

Rosemere is a non-profit community organization in Clark County, Washington. It works to improve the provision of municipal services in low-income communities, and has had a contentious relationship with the City of Vancouver, Wash- ington (the “City”) over these issues. ROSEMERE NEIGHBORHOOD ASSOCIATION v. EPA 13503 In 2003, Rosemere filed an administrative complaint against the City with the EPA’s Office of Civil Rights (“OCR”). The EPA established the OCR to investigate com- plaints of discrimination in the use of federal funds, pursuant to Title VI of the Civil Rights Act of 1964. See 42 U.S.C. § 2000d-1; 40 C.F.R. pt. 7. In its complaint, Rosemere alleged that the City failed properly to utilize EPA funds to address lingering environmental problems in low-income and minor- ity communities in the City.

According to the regulations governing the OCR, any party may file a complaint alleging discrimination which the OCR “will review” for acceptance or rejection within 20 days. 40 C.F.R. § 7.120(d)(1)(i). If the OCR accepts the complaint, it shall issue preliminary findings within 180 days of the begin- ning of the complaint…