Environmental Justice and the National Environmental Policy Act (NEPA)

• Environmental Justice Considerations
• Key References

Environmental Justice Considerations in the NEPA Process

Federal agencies must consider environmental justice in their activities under the National Environmental Policy Act (NEPA). The Environmental Justice Interagency Working Group (EJ IWG) recently developed the report Promising Practices for EJ Methodologies in NEPA Reviews, which is a compilation of methodologies gleaned from current agency practices. These practices were identified concerning the interface of environmental justice considerations through NEPA processes. Additionally, this page provides more resources to enhance environmental justice considerations in the NEPA review process.

The Community Guide to Environmental Justice and NEPA Methods provides information for communities who want to assure that their environmental justice (EJ) issues are adequately considered when there is a federal agency action that may involve environmental impacts on minority populations, low-income populations, and/or Indian tribes and indigenous communities.

Federal Guidance on Environmental Justice

Executive Order 12898 (February 1994) (pdf), “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (EO 12898) directs each Federal Agency to “make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations,” including tribal populations.

The Presidential Memorandum accompanying EO 12898 emphasizes the importance of using the NEPA review processes to promote environmental justice. It directs Federal agencies to analyze the environmental effects, including human health, economic, and social effects, of their proposed actions on minority and low-income communities when required by NEPA.

The Memorandum calls for agencies to address significant adverse environmental effects on these communities in mitigation measures outlined or analyzed in:

• Environmental assessments (EAs)
• Findings of no significant impact (FONSIs)
• Environmental impact statements (EISs)
• Records of decision (RODs)

Agency Guidance Related to Environmental Justice and NEPA

In light of Executive Order 12898, the White House Council on Environmental Quality (CEQ) issued Environmental Justice; Guidance Under the National Environmental Policy Act (pdf). This guidance includes six principles for environmental justice analyses to determine any disproportionately high and adverse human health or environmental effects to low-income, minority, and tribal populations. The principles are:

1. Consider the composition of the affected area to determine whether low-income, minority or tribal populations are present and whether there may be disproportionately high and adverse human health or environmental effects on these populations
2. Consider relevant public health and industry data concerning the potential for multiple exposures or cumulative exposure to human health or environmental hazards in the affected population, as well as historical patterns of exposure to environmental hazards
3. Recognize the interrelated cultural, social, occupational, historical, or economic factors that may amplify the natural and physical environmental effects of the proposed action
4. Develop effective public participation strategies
5. Assure meaningful community representation in the process, beginning at the earliest possible time
6. Seek tribal representation in the process

EPA's Final Guidance for Consideration of Environmental Justice in Clean Air Act 309 Reviews was developed for EPA reviewers commenting on other Federal agencies' NEPA documents to help ensure that environmental effects on minority and low-income communities have been fully analyzed. For each stage of the EPA Section 309 review process, this guidance provides:

• An overview of environmental justice considerations to be addressed
• Suggested solutions to issues and questions commonly encountered in environmental justice analyses

EPA's Final Guidance for Incorporating Environmental Justice Concerns in EPA's NEPA Compliance Analyses provides guidance to incorporate environmental justice goals into EPA's preparation of EISs and EAs under NEPA. The guidance:

• describes key environmental justice terms and factors and their application in the context of standard NEPA analyses
• describes key steps in the NEPA process, including both EISs and EAs, where analyses of environmental justice concerns should be incorporated,
• discusses public participation approaches of direct relevance to minority and/or low-income communities

EPA's Interim Guidance for Considering Environmental Justice During the Development of an Action assists EPA program officials in integrating environmental justice into the EPA rulemaking process.

Methodologies that Support Environmental Justice Considerations

Environmental Justice (EJ) Interagency Working Group (IWG) Promising Practices for EJ Methodologies in NEPA Reviews

The "Environmental Justice (EJ) Interagency Working Group (IWG) Promising Practices for EJ Methodologies in NEPA Reviews" Report is a compilation of methodologies gleaned from current agency practices. These practices were identified by the National Environmental Policy Act (NEPA) Committee concerning the interface of environmental justice considerations through NEPA processes. March 31, 2016, EPA Pub. No: 300-B-16-001.

Use of Health Impact Assessments (HIA)

A Health Impact Assessment (HIA) is a systematic process for identifying the potential health effects of a new proposed action. The steps in an HIA can identify health disparities, which are a prime indicator of the existence of a disproportionate impact to minority, tribal or low–income communities.

Due to the similarities of HIA to the NEPA process, an integrated process may avoid duplication, address local community concerns, contribute to planning, facilitate the quantification of health benefits, and help identify potential exposure pathways and impacts.

The National Academy of Sciences' National Research Council report, Improving Health in the United States: The Role of Health Impact Assessment offers guidance on conducting Health Impact Assessments in evaluating public health consequences of proposed decisions and offers suggestions that could minimize adverse health impact. Chapter 4 and Appendix F of the Report provide specific recommendations on the role of HIA in the NEPA process.

An example of the integration of HIA in the NEPA process is BLM's National Petroleum Reserve Alaska Final Supplemental Integrated Activity Plan/Environmental Impact Statement. This EIS addresses public health considerations under each alternative and includes information concerning potential public health mitigation strategies.

Online Tools Support Environmental Justice Analyses

Web-based geographic information systems (GIS) mapping tools can assist NEPA practitioners in defining, delineating, and profiling communities with environmental justice concerns.

NEPAssist facilitates the environmental review process and project planning in relation to environmental considerations. The application draws environmental data dynamically from EPA regions' GIS databases and provides immediate screening of environmental assessment indicators for a user-defined area of interest.

Health Landscape allows users to create simple displays of health data concerning neighborhoods communities, states or any other area of interest.

Health Professional Shortage Areas (HPSA) by State and County. The Health Resources and Services Administration defines HPSAs as having shortages of primary medical care, dental or mental health providers. HPSAs may be:

• geographic (a county or service area),
• demographic (low-income population), or
• institutional (comprehensive health center, federally qualified health center or other public facility).

Environmental Justice and NEPA Agency Resource Compendium: Key References

Key references from the Environmental Justice and NEPA Agency Resource Compendium created by EPA’s Office of Environmental Justice and the NEPA Committee of the Federal Interagency Working Group on Environmental Justice. The compendium gathers into one place the Environmental Justice and NEPA documents from Federal agencies.

Council on Environmental Quality

Guidance

• Environmental Justice Guidance Under the National Environmental Policy Act (December 1997) (pdf)
  Guidance to further assist Federal agencies with their NEPA procedures so that environmental justice concerns are effectively identified and addressed.
• Considering Cumulative Effects Under the National Environmental Policy Act
  This handbook presents the results of research and consultations concerning the consideration of cumulative effects in analyses prepared under the NEPA.

Department of Agriculture

Strategic Plan

• Department of Agriculture Environmental Justice Strategic Plan: 2016–2020 (pdf)
  Department of Agriculture’s agency–wide strategy for addressing environmental justice.

Orders/Directives

• Department Regulation 5600–002, Environmental Justice
  Regulation providing direction to agencies for integrating environmental justice considerations into Department of Agriculture programs and activities.

Department Of Commerce

Strategic Plan

• Department of Commerce Draft Environmental Justice Strategy (September 2011) (pdf)
  The Department of Commerce’s agency–wide strategy for addressing environmental justice.

Department of Defense

Strategic Plan

• U.S. Department of Homeland Security’s Strategic Plan for Fiscal Years 2020-2024
  The Department of Defense’s agency–wide strategy for addressing environmental justice.

Guidance

• Department of the Army Procedures for the Identification and Involvement of Environmental Justice Populations and Native American Tribal Governments by the Non–Stockpile Chemical Material Product (February 2001) (pdf)
  Guidance on identifying populations with environmental justice concerns impacted by non–stockpile chemical warfare material and facilitating their involvement in disposal decisions.

Department of Education

Strategic Plan

• Department of Education Environmental Justice Strategy
  Department of Education’s agency–wide strategy for addressing environmental justice.

Department of Energy

Strategic Plan

• Department of Energy, Environmental Justice Strategy (2006) (pdf)
  The Department of Energy’s agency–wide strategy for addressing environmental justice.

Guidance

• Department of Energy Recommendations for the Preparation of Environmental Assessments and Environmental Impact Statements, Second Edition (Chapter 6.6, p. 29) (pdf)
  Guidance on improving the quality of NEPA reviews conducted by the Department of Energy, including environmental justice issues.

Environmental Protection Agency

Strategic Plan

• Plan EJ 2014 (pdf)
  This plan is EPA’s roadmap to integrate environmental justice into its programs, policies, and activities.
• Plan EJ 2014 Legal Tools
• Environmental Justice Guidance for NEPA Reviews
  Guidance on how EPA and other Federal agencies can incorporate environmental justice goals into the NEPA process.

General Services Administration

Strategic Plan

• General Services Administration Environmental Justice Strategy
  The General Services Administration’s agency–wide strategy for addressing environmental justice.

Guidance

• NEPA Desk Guide (Chapter 8, p. 9–2) (pdf)
  Guidance on complying with the National Environmental Policy Act, including environmental justice issues.

Department of Health and Human Services

Strategic Plan

• HHS Environmental Justice Strategy and Implementation Plan (February 2012)
  The Department of Health and Human Services’ agency–wide strategy for addressing environmental justice.

Guidance

• Indian Health Service’s Environmental Review Manual
  Guidance on complying with Federal environmental laws, regulations, and Executive Orders, including NEPA and environmental justice.

Department of Homeland Security

Strategic Plan

• Department of Homeland Security Environmental Justice Strategy (pdf)
  The Department of Homeland Security’s agency–wide strategy for addressing environmental justice.

Department of Housing and Urban Development

Strategic Plan

• FY 2022-2026 HUD STRATEGIC PLAN
  The Department of Housing and Urban Development’s agency–wide strategy for addressing environmental justice.

Guidance

• Environmental Review Process for HUD
  Guidance on conducting NEPA reviews for HUD–assisted programs and projects, including consideration of environmental justice.

Department of the Interior

Strategic Plan

• Department of the Interior Environmental Justice Strategic Plan
  The Department of Interior’s agency–wide strategy for addressing environmental justice.

Department of Justice

Strategic Plan

• Department of Justice Environmental Justice Strategy (pdf) 
  The Department of Justice’s agency–wide strategy for addressing environmental justice.

Guidance

• Department of Justice Guidance Concerning Environmental Justice
  Guidance on the policies and procedures of the Department of Justice concerning issues of environmental justice.

Department of Labor

Strategic Plan

• Department of Labor Environmental Justice Strategy (pdf) 
  The Department of Labor’s agency–wide strategy for addressing environmental justice.

Nuclear Regulatory Commission

Strategic Plan

• U.S. Nuclear Regulatory Commission Environmental Justice Strategy (March 1995) (pdf) 
  The Nuclear Regulatory Commission’s agency–wide strategy for addressing environmental justice.

Guidance

• Policy Statement on the Treatment of Environmental Justice Matters in NRC Regulatory and Licensing Actions (2004) (pdf)
  The Nuclear Regulatory Commission’s policy regarding addressing environmental justice during NEPA reviews.
• Environmental Standard Review Plan (Section 2.5.4, p. 1) (October 1999) (pdf)
  Guidance on conducting NEPA reviews for nuclear power plant licensing applications, including environmental justice issues.

Department of Transportation

Strategic Plan

• DOT Environmental Justice Strategy
  The Department of Transportation’s agency–wide strategy for addressing environmental justice.

Orders and Directives

• Federal Aviation Admin., Order 1050.1E, CHG 1, Environmental Impacts: Policies and Procedures (p. A–69) (June 2004) (pdf)
  The Federal Aviation Administration’s general policies and procedures for compliance with NEPA, including environmental justice issues.
• Federal Aviation Admin., Order 5050.4B, NEPA Implementing Instructions for Airport Actions
  The Federal Aviation Administration’s policies and procedures for airport–specific NEPA compliance, including environmental justice issues.
• Department of Transportation, Order 5610.2(a). Final DOT Environmental Justice Order
  The Department of Transportation’s policy on considering environmental justice in all DOT programs, policies, and activities.

Guidance

• FHWA Environmental Justice Emerging Trends and Best Practices Guidebook (November 2011) (pdf)
  A Federal Highway Administration report discussing the responsibilities, opportunities, and benefits of addressing environmental justice in transportation and planning decisions.
• Guidance on Environmental Justice and NEPA
  Federal Highway Administration guidance on addressing environmental justice during NEPA reviews.
• Federal Transit Admin., Final Environmental Justice Circular (August 2012) (pdf)
  Guidance for recipients of financial assistance on incorporating environmental justice principles into plans, projects, and activities that receive Federal Transit Administration funding.
• Federal Aviation Admin., Environmental Desk Reference for Airport Actions (Chapter 10, p. 3) (October 2007) (pdf)
  Guidance for evaluating potential environmental impacts in compliance with NEPA (including environmental justice issues) due to a proposed airport action.
• FHWA’s EJ in NEPA Case Studies
  Nine case studies providing examples of best practices in doing environmental justice analysis during the environmental review process.
• FHWA’s EJ and NEPA in the Transportation Arena: Project Highlights
  A report supplementing the ten detailed project case studies from the Federal Highway Administration, highlighting effective environmental justice practices during NEPA reviews.

Department of Veterans Affairs

Strategic Plan

• Department of Veteran Affairs Environmental Justice Strategy (February 2012) (pdf)
  The Department of Veterans Affairs’ agency–wide strategy for addressing environmental justice.