The concept of “environmental justice” is a form of justice (or).
EJ (among environmental practitioners) does not refer to the fact that it is not
new.
It was created in response to the excessive number of industrial
Facilities and contaminated sites near underrepresented or
Overburdened communities can adversely affect and disproportionately impact on the health of the community.
These communities’ health and well-being were affected. With
Change in federal administrations, and intense global discussion
EJ is now concrete on climate change
Requirements to be considered when working in the field of environmental
permitting. EJ concerns in permitting decisions
Allows communities to have a say in the selection of projects
You can plan near them.
It All Starts at the Top
President Biden began his term addressing the climate crisis
head-on. He also created the following Executive Orders in his early years:
Environmental Justice Interagency Council. The Council is
It is composed of 15 federal agencies, which includes the United States
Environmental Protection Agency (“EPA”), which is responsible for the
Council, and the Department of Justice. EJ has been an EJ for the EPA.
Strategic Plan since 1994 when President Clinton directed federal
Agents to develop EJ Strategies to Address the Disproportionately
Federal policies can have a negative impact on human health and the environment.
programs for low-income or minority populations. Now, EJ principles
These principles should be applied in projects, initiatives, or enforcement
Actions across all federal agencies using metrics of affected
To provide an opportunity, the population’s exposure is to pollution
to encourage community participation in the project process.
The EPA is now headed by Administrator Michael S. Regan.
Secretary for the North Carolina Department of Environmental
EJ is described as “fair treatment” by the Quality (“DEQ”)
and meaningful involvement of everyone, regardless of race, colour, gender, or sexual orientation
The development of the country’s national origin or income
Implementation and enforcement of environmental regulations, laws, and regulations
Policies.” It is established every four years.
strategic plan to: (1) Communicate priorities and strategies
(1) Provide the framework for planning and budgeting; and (2) allow for the creation of the
The EPA will give the regulated community a glimpse at where its focus will be
be. The draft Strategic Plan 2022-2026This article was published in
October 2021. It is expected that it will be completed by the 2nd quarter.
2022 One of the four overarching principles of the Plan is
“Advance Justice and Equity” – This is the act of taking decisive action.
Action to promote EJ, civil rights at the federal and state levels.
EPA work at the tribal and local level by incorporating civil rights and EJ
Enhancing civil rights enforcement in EJ community communities.
The EPA will shift its focus away from the larger concept of EJ.
By enforcing civil rights protections in its entirety
programs. Title VI of 1964 Civil Rights Act
(“Title VI”) Federal agencies like the EPA can issue this title
There are rules and regulations that ensure that no one is acting illegally
Discriminated against or excluded from protection by any of its provisions
programs or activities. Title VI states that “no one” can be a person.
shall on the basis of race color, national origin or sex age
Be denied participation if you have a disability
Discrimination is prohibited. Section
601 of the Act prohibits intentional disparate and discrimination
Even though it may appear neutral, adverse effects can result.
Entities that receive federal funds may make decisions. Different
Environmental violations that lead to adverse effects are the most frequent.
setting. However, there is no private right against
Section 602 allows affected EJ communities to be notified of an offending agency.
File an administrative complaint with EPA. When the EPA
It is a complaint alleging prohibited disparate impact.
Examines the permitting process for the project in question.
If the agency responsible for the project is not adequately staffed,
Considered the impacts on an EJ community during its decision-making
It is at risk of losing federal funding.
The EPA has developed a document to assist with its investigations.
The EJSCREEN is a color-coded mapping tool. This
This tool gathers demographic and environmental indicators for a
Nationally consistent approach and data for environmental issues
decision-making. The EJSCREEN:
US EPA| US EPAIs
Publicly available. Users can also input a geographical location.
Identify demographic and environmental conditions within a specific area
Distance to an industrial facility.
In 2021 there will be at most six Title VI complaints or investigations
They were initiated. One of these complaints was about the
DEQ issues three swine waste management guidelines and treatment
system permits for farms in Duplin county The complaint
It was claimed that Black and Latino communities would be located near the farms.
People with poor health are most likely to be negatively affected by pollution.
The hog farm operation had adverse effects. January 13,
2022: The EPA agreed that it would investigate the DEQ’s issuance.
permits.
What does EJ in NC look like?
Former Secretary Regan brought up the issue of the DEQ during his tenure.
EJ profile by creating an Environmental Justice and Equity
Advisory Board, prioritizing efforts to improve the state’s performance and prioritizing
Environmental Justice Program. This Program “works to”
Ensure fair treatment and meaningful participation of all persons
All races, colors, national origins, and income are considered equal
To the development, implementation, and enforcement of environmental policies
“Laws, regulations, and policies.” The EJ Program
Uses public data and tools for determining if the location is correct.
The proposed project is located within an area with underrepresented residents
Communities that the project could have adisproportionate impact on
It uses a Community Mapping SystemSimilar to the
EPA’s EJSCREEN. This System collects and uses location.
Information about demographics, health, permit and incident information
DEQ will use nearby projects to inform them about specific plans.
Accessibility for the public participation and outreach at the local level
Meetings and the permitting procedure. An online comment tool
The public can anonymously submit information and complaints about the subject
A discriminatory incident or environmental concern
an environmental concern. If the DEQ decides that the project is feasible
It is located in an EJ Community, and it will initiate enhanced public
Outreach to determine whether the community is interested in or concerned.
It will make it possible for the community to take part in the
permitting process.
House Bill 784 was introduced at the legislative level in early 2008.
2021 to be statutorily addressed EJ considerations. The bill
Proposals to revise several enabling statutes (such the ones listed below)
Solid waste management and actions that involve expenditures
State money, use of public land, water-quality permits, and
Title VI to be incorporated into animal waste management systems
Requirements that consider disproportionate adverse effects
Communities of low or minority income. A new
To address permit applications, a statute section has been proposed
For new or expanded facilities in an already overburdened community
Include public hearings in the community as part
particular permitting program. Although it is unlikely,
A particular bill will be addressed during the next term, according to DEQ
Secretary Biser emphasizes EJ following Administrator
Despite Regan’s efforts, there is still a chance of more
Administrative action
Considerations for the Regulated Community
EJ should be included in any diligence review or project.
planning. EJ is required for project permit.
assessments. Respecting the applicable statutory requirements for health
Standards will not suffice anymore. The EPA is clear in
It expressed its opinion that compliance with environmental laws is important
Title VI compliance does not mean that you are in compliance. Here are some factors to consider.
Consider this new EJ landscape.
FirstManagers and owners should be able to identify EJ
Use the EJSCREEN to get communities involved in the planning process.
Use the DEQ’s community mapping tool to see how the agency works.
Will be looking at the neighborhood and the proposed facility. Since
Insufficient statutory and regulatory structure exists
Place to Follow, Each project will be handled on a case by case basis.
Consider the impact on the health of that particular community
Historical environmental factors have had an impact on the location.
decisions. Applicants will need greater community awareness
Public scrutiny and engagement during permitting
process. Engaging with local communities both inside and outside
The formal permitting process and the environmental review process will be completed.
Serve the project well.
A recent federal appellate court decision is informative.
In Friends of Buckingham v. State Air Pollution Control
Board, 947 F.3d 68 (4th Cir. 2020), the Virginia
The permit-issuing authorities granted an air emissions permit for a
Natural gas pipeline compressor station to be built in
A predominantly Black community. They relied on
Mostly on a proposal design that is intended to exceed national
Requirements for ambient air standards The Fourth Circuit
The permit decision was vacated by the North Carolina Department of Transportation.
Remanded the case to continue proceedings due to the
Permit-issuing authorities failed properly to conduct the EJ
Virginia’s statute requires analysis. Its analysis
The Fourth Circuit stated that an EJ analysis was to be used for the following purposes:
Determine if a project will have a disproportionately negative impact
Effect on the proposed population of low-income or minority residents
project’s location. The court determined that the underlying pipeline was present.
The permit analysis was lacking factual findings about the character of
When considering the possibility of injury to the community, consider the local population.
The health of that population, independent or related to national and/or state government
Clean Air Act emissions standards Thus, meeting
Statutory health standards won’t create a rebuttable assumption
There will be no adverse effect from a project. It’s only
An integral part of the analysis.
SecondPrepare for increased federal enforcement
Activities in under- or disadvantaged communities The
The EPA has increased its oversight of state-delegated permits matters
This would normally only apply to the DEQ. Implementing
Proactive compliance measures include self-audits, community involvement and community involvement
Outreach and engagement can help you stay ahead
Friction points
ThirdExpect a greater regulatory scrutiny
Projects, operations, cleanups, and sites. Facility
Inspections in communities with high levels of poverty may rise; this could lead to an increase in inspections.
Implementing compliance programs in the facility and training personnel
Problems can be managed before they become a problem.
FinallyThe DEQ views its EJ Program in the promotion of a
Good neighbor policy is as essential as a constitutional requirement.
It expects regulated parties and other interested parties to participate. Legal counsel
It is possible to get familiar with the requirements of DEQ and EPA.
It is important to start the process early.
This article is meant to be a guide.
guide to the subject matter Expert advice should be sought
Learn more about your particular circumstances.
