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18 October 2017

Energy And Environmental Justice: Legal Framework

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Directs federal agencies to develop environmental justice strategies to help address disproportionately high and adverse human health or environmental effects of their programs...
United States Environment
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Executive Order 12898 (1994)

  • Directs federal agencies to develop environmental justice strategies to help address disproportionately high and adverse human health or environmental effects of their programs on minority and low-income populations.
  • Presidential Memorandum (1994)
  • Federal Interagency Working Group
  • Interagency MOU (2011)

What is Environmental Justice?

  • EJ = fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.
  • Fair treatment means no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies.
  • Meaningful involvement means:

    • People have an opportunity to participate in decisions about activities that may affect their environment and/or health
    • The public's contribution can influence the regulatory agency's decision
    • Community concerns will be considered in the decision making process
    • Decision makers will seek out and facilitate the involvement of those potentially affected
  • Source: EPA
  • EJ and NEPA

    • e.g., Sierra Club v. FERC (D.C. Cir. Aug. 22, 2017)
  • EJ and Title VI
  • EJ and the States

EPA: Promising EJ Practices for Permit Applicants

  1. Think Ahead
  2. Engage Community Leaders
  3. Engage Effectively
  4. Communicate Effectively
  5. Follow-Up
  6. Return on Investment

Source: 78 Fed. Reg. 27,220 (2013)

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