Evaluating environmental justice under the national environmental policy act

“Environmental justice” refers to the 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. Fair treatment means that minority and low-income groups should not bear a disproportionate share of the negative environmental impacts of government actions. Recent studies have shown that, in the United States, some government decisions have adversely affected low-income and minority communities disproportionately to the rest of society. To avoid such inequities in future federal activities, President Clinton issued Executive Order (EO) 12898, which requires federal agencies to consider environmental justice in carrying out their missions. Guidance issued by the Executive Office of the President requires every federal agency to consider environmental justice in conducting impact evaluations under the National Environmental Policy Act (NEPA). Thus, an “environmental justice analysis” is a highly focused form of social impact assessment that must be conducted within the framework of NEPA. The specific purpose of such an analysis is to determine whether a proposed federal activity would impact low-income and minority populations to a greater extent than it would impact a communityʹs general population. This article explains the development and implementation of EO 12898 and explores what federal agencies are doing to incorporate environmental justice into their NEPA procedures. It also includes recommendations for other authorities to consider when incorporating environmental justice into their environmental impact assessments (EIAs).