David M. Konisky
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0001
- Subject:
- Environmental Science, Environmental Studies
The first chapter of the book introduces the subject of environmental justice, and then presents the main question analyzed throughout the rest of the book: did the federal environmental justice ...
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The first chapter of the book introduces the subject of environmental justice, and then presents the main question analyzed throughout the rest of the book: did the federal environmental justice policy reforms of the mid-1990s result in the EPA and other federal agencies making environmental justice a core component of their decision-making? Although these reforms, particularly the 1994 presidential Executive Order on environmental justice have been in place for twenty years, there has been very little systematic analysis of their efficacy. The chapter argues that it is an opportune time for such an analysis. The balance of the chapter then sets up the rest of the book by reviewing 1) the empirical literature that has developed over the past three decades to document the type and degree of race- and class-based disparities in environmental amenities; and 2) previous research that has been conducted to evaluate the impact of environmental justice policy. The chapter then outlines a conceptual framework of justice issues (distributive justice, procedural justice, and corrective justice) used in the book to evaluate the performance of the federal government, particularly the EPA, in integrating environmental justice considerations into its decision-making, and provides an overview of each of the subsequent chapters.Less
The first chapter of the book introduces the subject of environmental justice, and then presents the main question analyzed throughout the rest of the book: did the federal environmental justice policy reforms of the mid-1990s result in the EPA and other federal agencies making environmental justice a core component of their decision-making? Although these reforms, particularly the 1994 presidential Executive Order on environmental justice have been in place for twenty years, there has been very little systematic analysis of their efficacy. The chapter argues that it is an opportune time for such an analysis. The balance of the chapter then sets up the rest of the book by reviewing 1) the empirical literature that has developed over the past three decades to document the type and degree of race- and class-based disparities in environmental amenities; and 2) previous research that has been conducted to evaluate the impact of environmental justice policy. The chapter then outlines a conceptual framework of justice issues (distributive justice, procedural justice, and corrective justice) used in the book to evaluate the performance of the federal government, particularly the EPA, in integrating environmental justice considerations into its decision-making, and provides an overview of each of the subsequent chapters.
David M. Konisky
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0002
- Subject:
- Environmental Science, Environmental Studies
Chapter 2 provides a historical overview of the political, social, and academic roots of the federal government’s environmental justice policy activities. The chapter begins with the case of the ...
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Chapter 2 provides a historical overview of the political, social, and academic roots of the federal government’s environmental justice policy activities. The chapter begins with the case of the controversial siting of a PCBs disposal facility in Warren County, North Carolina, and then describes the research and events that occurred over the subsequent decade to bring the environmental justice issue to the national agenda. The chapter next describes the main initiatives pursued by the federal government in response, including the creation of the Office of Environmental Justice within the EPA, the establishment of the National Environmental Justice Advisory Council, and, most importantly, the signing of Executive Order 12898 by President Clinton in 1994. The chapter also reviews the limited amount of past research evaluating federal efforts to address environmental inequities, and describes policy efforts during the Obama Administration to renew attention to environmental justice through Plan EJ 2014. The overall purpose of the chapter is to establish the context for the empirical chapters that follow.Less
Chapter 2 provides a historical overview of the political, social, and academic roots of the federal government’s environmental justice policy activities. The chapter begins with the case of the controversial siting of a PCBs disposal facility in Warren County, North Carolina, and then describes the research and events that occurred over the subsequent decade to bring the environmental justice issue to the national agenda. The chapter next describes the main initiatives pursued by the federal government in response, including the creation of the Office of Environmental Justice within the EPA, the establishment of the National Environmental Justice Advisory Council, and, most importantly, the signing of Executive Order 12898 by President Clinton in 1994. The chapter also reviews the limited amount of past research evaluating federal efforts to address environmental inequities, and describes policy efforts during the Obama Administration to renew attention to environmental justice through Plan EJ 2014. The overall purpose of the chapter is to establish the context for the empirical chapters that follow.
Dorothy M. Daley and Tony G. Reames
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0006
- Subject:
- Environmental Science, Environmental Studies
This chapter examines public participation in federal environmental decision-making from an environmental justice perspective. The authors begin with a broad overview of past research on public ...
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This chapter examines public participation in federal environmental decision-making from an environmental justice perspective. The authors begin with a broad overview of past research on public participation and environmental decision-making, and then discuss the opportunities and challenges that arise in the specific context of environmental justice. The chapter describes and analyzes the way that federal agencies have involved the public – particularly, low-income and minority individuals, and the groups that represent them – in environmental decision-making, which is an important part of government efforts to achieve procedural justice. The analysis compares efforts of the Environmental Protection Agency, the Department of Energy, and the Department of Transportation. Among the key findings are that there is significant variation in how public participatory processes are used to address environmental justice concerns across the three agencies examined, and that, while opportunities for public involvement have increased since the signing of Executive Order 12898, actual participation from low-income and minority communities has been uneven.Less
This chapter examines public participation in federal environmental decision-making from an environmental justice perspective. The authors begin with a broad overview of past research on public participation and environmental decision-making, and then discuss the opportunities and challenges that arise in the specific context of environmental justice. The chapter describes and analyzes the way that federal agencies have involved the public – particularly, low-income and minority individuals, and the groups that represent them – in environmental decision-making, which is an important part of government efforts to achieve procedural justice. The analysis compares efforts of the Environmental Protection Agency, the Department of Energy, and the Department of Transportation. Among the key findings are that there is significant variation in how public participatory processes are used to address environmental justice concerns across the three agencies examined, and that, while opportunities for public involvement have increased since the signing of Executive Order 12898, actual participation from low-income and minority communities has been uneven.
Douglas S. Noonan
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0004
- Subject:
- Environmental Science, Environmental Studies
This chapter discusses the environmental justice issues that arise in the context of standard-setting. Specifically, the chapter evaluates the degree to which the EPA has effectively considered ...
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This chapter discusses the environmental justice issues that arise in the context of standard-setting. Specifically, the chapter evaluates the degree to which the EPA has effectively considered distributional issues in its rulemaking. The author begins the chapter by examining the set of policy instruments (command-and-control regulation, market-based mechanisms, and information-based approaches) that the EPA can pursue to achieve its goals under the statutes it implements, and how instrument choice can create different types of distributive and procedural justice concerns. The chapter then explores a variety of equity concerns that have arisen in EPA rulemaking in practice under a variety of pollution control laws including the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act, and argues that the EPA has largely fallen short of incorporating equity considerations as part of standard-setting. The chapter concludes with a discussion of some recent progress, but notes that much is left to be accomplished.Less
This chapter discusses the environmental justice issues that arise in the context of standard-setting. Specifically, the chapter evaluates the degree to which the EPA has effectively considered distributional issues in its rulemaking. The author begins the chapter by examining the set of policy instruments (command-and-control regulation, market-based mechanisms, and information-based approaches) that the EPA can pursue to achieve its goals under the statutes it implements, and how instrument choice can create different types of distributive and procedural justice concerns. The chapter then explores a variety of equity concerns that have arisen in EPA rulemaking in practice under a variety of pollution control laws including the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act, and argues that the EPA has largely fallen short of incorporating equity considerations as part of standard-setting. The chapter concludes with a discussion of some recent progress, but notes that much is left to be accomplished.
Eileen Gauna
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0003
- Subject:
- Environmental Science, Environmental Studies
This chapter examines federal environmental justice policy in the area of facility permitting. The chapter provides a detailed analysis of how distributive and procedural environmental justice issues ...
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This chapter examines federal environmental justice policy in the area of facility permitting. The chapter provides a detailed analysis of how distributive and procedural environmental justice issues have been adjudicated in several venues important to permitting under major environmental statutes such as the Clean Air Act and the Resource Conservation and Recovery Act. Much of the analysis focuses on the decisions of the Environmental Appeals Board (EAB), which is responsible for adjudicating administrative appeals of permitting decisions under the major laws that the EPA implements. The author argues that challenges to new permits brought to the EAB on the grounds of disparate impacts to low-income and minority communities have largely been unsuccessful. As a result, there is little evidence that the EPA has integrated environmental justice concerns directly into permitting decisions, although the EAB does now as matter of practice require that EPA permit writers perform an environmental justice analysis and invite broad participation in permitting decisions. The chapter also examines recent policy developments as part of Plan EJ 2014 and the EPA’s implementation of Title VI of the Civil Rights Act of 1964, which provides some reason for optimism for future consideration of disparate impacts in federal and state permitting decisions.Less
This chapter examines federal environmental justice policy in the area of facility permitting. The chapter provides a detailed analysis of how distributive and procedural environmental justice issues have been adjudicated in several venues important to permitting under major environmental statutes such as the Clean Air Act and the Resource Conservation and Recovery Act. Much of the analysis focuses on the decisions of the Environmental Appeals Board (EAB), which is responsible for adjudicating administrative appeals of permitting decisions under the major laws that the EPA implements. The author argues that challenges to new permits brought to the EAB on the grounds of disparate impacts to low-income and minority communities have largely been unsuccessful. As a result, there is little evidence that the EPA has integrated environmental justice concerns directly into permitting decisions, although the EAB does now as matter of practice require that EPA permit writers perform an environmental justice analysis and invite broad participation in permitting decisions. The chapter also examines recent policy developments as part of Plan EJ 2014 and the EPA’s implementation of Title VI of the Civil Rights Act of 1964, which provides some reason for optimism for future consideration of disparate impacts in federal and state permitting decisions.
David M. Konisky (ed.)
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.001.0001
- Subject:
- Environmental Science, Environmental Studies
This book provides the first comprehensive assessment of the federal government’s implementation of environmental justice policy. Decades of scholarly research has demonstrated that low-income and ...
More
This book provides the first comprehensive assessment of the federal government’s implementation of environmental justice policy. Decades of scholarly research has demonstrated that low-income and minority communities experience disproportionate environmental burdens. During the mid-1990s, the federal government initiated several policies to address these environmental inequalities, including an executive order signed by President Clinton in 1994 (Executive Order 12898) that called on federal agencies to consider environmental justice concerns in its programs, policies, and activities. Yet, twenty years later, there has been not been a systematic evaluation of the implementation of the executive order or the other environmental justice policy commitments made by the Environmental Protection Agency. This book provides such an evaluation. The chapters in this book carefully examine federal environmental justice policy as it has been carried out over the past two decades, with an emphasis on the performance of the Environmental Protection Agency. The contributing authors focus on different aspects of environmental decision-making, including permitting, standard-setting, economic analysis, public participation, enforcement, and use of the courts, but reach a similar general conclusion: the federal government, and the EPA in particular, has generally failed to deliver on the promises articulated in Executive Order 12898 and in subsequent policy commitments. Although the conclusion is a disappointing one, the authors also share optimism that progress can be made, and they each provide recommendations for improving policy moving forward.Less
This book provides the first comprehensive assessment of the federal government’s implementation of environmental justice policy. Decades of scholarly research has demonstrated that low-income and minority communities experience disproportionate environmental burdens. During the mid-1990s, the federal government initiated several policies to address these environmental inequalities, including an executive order signed by President Clinton in 1994 (Executive Order 12898) that called on federal agencies to consider environmental justice concerns in its programs, policies, and activities. Yet, twenty years later, there has been not been a systematic evaluation of the implementation of the executive order or the other environmental justice policy commitments made by the Environmental Protection Agency. This book provides such an evaluation. The chapters in this book carefully examine federal environmental justice policy as it has been carried out over the past two decades, with an emphasis on the performance of the Environmental Protection Agency. The contributing authors focus on different aspects of environmental decision-making, including permitting, standard-setting, economic analysis, public participation, enforcement, and use of the courts, but reach a similar general conclusion: the federal government, and the EPA in particular, has generally failed to deliver on the promises articulated in Executive Order 12898 and in subsequent policy commitments. Although the conclusion is a disappointing one, the authors also share optimism that progress can be made, and they each provide recommendations for improving policy moving forward.
Elizabeth Gross and Paul Stretesky
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0008
- Subject:
- Environmental Science, Environmental Studies
This chapter considers the role of the judicial system in addressing environmental inequalities. The authors begin the chapter with a careful review of empirical studies of environmental litigation ...
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This chapter considers the role of the judicial system in addressing environmental inequalities. The authors begin the chapter with a careful review of empirical studies of environmental litigation outcomes, and conclude that monetary fines and penalties handed down from the courts do not appear to be directly discriminatory. Rather, studies suggest that, if discrimination in sentencing exists, it is likely to be indirect. The chapter next turns to the important question of whether courts can be successfully used by communities to overcome unfairness or bias in facility siting decisions, by providing a venue for individuals and advocacy organizations to challenge what they believe to be discriminatory practices. The authors examine this question in the context of Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and the National Environmental Policy Act. The analysis reveals that the courts have thus far provided few opportunities for environmental justice advocates to purse change through these venues. The chapter concludes with a set of lessons learned that can be employed to help achieve fairer outcomes in the future.Less
This chapter considers the role of the judicial system in addressing environmental inequalities. The authors begin the chapter with a careful review of empirical studies of environmental litigation outcomes, and conclude that monetary fines and penalties handed down from the courts do not appear to be directly discriminatory. Rather, studies suggest that, if discrimination in sentencing exists, it is likely to be indirect. The chapter next turns to the important question of whether courts can be successfully used by communities to overcome unfairness or bias in facility siting decisions, by providing a venue for individuals and advocacy organizations to challenge what they believe to be discriminatory practices. The authors examine this question in the context of Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and the National Environmental Policy Act. The analysis reveals that the courts have thus far provided few opportunities for environmental justice advocates to purse change through these venues. The chapter concludes with a set of lessons learned that can be employed to help achieve fairer outcomes in the future.
David M. Konisky
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0009
- Subject:
- Environmental Science, Environmental Studies
The final chapter of the book reviews and synthesizes the key findings from the preceding chapters. The main general take-away conclusion from the book is that the federal government, and in ...
More
The final chapter of the book reviews and synthesizes the key findings from the preceding chapters. The main general take-away conclusion from the book is that the federal government, and in particular the EPA, has not effectively integrated environmental justice considerations into decision-making as part of its core regulatory programs and activities. More broadly, the environmental justice policy reforms put in place in the mid-1990s, especially Executive Order 12898, failed to deliver on their promise of changing federal environmental decision-making. The reasons for this conclusion pertain to challenges specific to permitting, rule-making, enforcement and the other areas studied in the book as well as to several factors that cut across these areas. Specifically, three factors are identified as having impeded general progress: failure of the EPA to develop clear policy guidance, inadequate coordination across EPA regions and states, and inconsistent agency leadership. Although the book concludes with a sobering assessment of the limits to date of federal environmental justice policy, the author concludes that there is some reason for optimism in light of recent policy efforts at the EPA under Plan EJ 2014.Less
The final chapter of the book reviews and synthesizes the key findings from the preceding chapters. The main general take-away conclusion from the book is that the federal government, and in particular the EPA, has not effectively integrated environmental justice considerations into decision-making as part of its core regulatory programs and activities. More broadly, the environmental justice policy reforms put in place in the mid-1990s, especially Executive Order 12898, failed to deliver on their promise of changing federal environmental decision-making. The reasons for this conclusion pertain to challenges specific to permitting, rule-making, enforcement and the other areas studied in the book as well as to several factors that cut across these areas. Specifically, three factors are identified as having impeded general progress: failure of the EPA to develop clear policy guidance, inadequate coordination across EPA regions and states, and inconsistent agency leadership. Although the book concludes with a sobering assessment of the limits to date of federal environmental justice policy, the author concludes that there is some reason for optimism in light of recent policy efforts at the EPA under Plan EJ 2014.
Ronald J. Shadbegian and Ann Wolverton
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0005
- Subject:
- Environmental Science, Environmental Studies
This chapter analyzes the difficult challenges that arise when considering the environmental justice effects of federal rules and regulations. It complements the discussion in Chapter 4 by examining ...
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This chapter analyzes the difficult challenges that arise when considering the environmental justice effects of federal rules and regulations. It complements the discussion in Chapter 4 by examining a different part of the rulemaking process. Specifically, the authors identify five issues as being important in any analysis of distributional implications of a new environmental standard: the geographic scope of the analysis, the identification of potentially affected populations, the selection of a comparison group, how to spatially identify effects on population groups, and how exposure or risk is measured in an analysis. For each issue, the authors consider how it has been addressed in the academic literature, as well as in practice by the EPA as part of five recent proposed or final rulemakings completed under various pollution control statutes. The chapter concludes that, even though there has been a substantial uptick in the number of rules that consider environmental justice issues in their accompanying economic analysis, there remain significant analytical issues to resolve before this becomes a routinized practice.Less
This chapter analyzes the difficult challenges that arise when considering the environmental justice effects of federal rules and regulations. It complements the discussion in Chapter 4 by examining a different part of the rulemaking process. Specifically, the authors identify five issues as being important in any analysis of distributional implications of a new environmental standard: the geographic scope of the analysis, the identification of potentially affected populations, the selection of a comparison group, how to spatially identify effects on population groups, and how exposure or risk is measured in an analysis. For each issue, the authors consider how it has been addressed in the academic literature, as well as in practice by the EPA as part of five recent proposed or final rulemakings completed under various pollution control statutes. The chapter concludes that, even though there has been a substantial uptick in the number of rules that consider environmental justice issues in their accompanying economic analysis, there remain significant analytical issues to resolve before this becomes a routinized practice.
David M. Konisky and Christopher Reenock
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780262028837
- eISBN:
- 9780262327138
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028837.003.0007
- Subject:
- Environmental Science, Environmental Studies
In this chapter, the authors examine patterns of race- and class-based disparities in federal and state regulatory enforcement. The chapter begins with a review of past research evaluating these ...
More
In this chapter, the authors examine patterns of race- and class-based disparities in federal and state regulatory enforcement. The chapter begins with a review of past research evaluating these types of disparities in government enforcement activity under major environmental laws. It then sets up and reports the results of an original statistical analysis that takes advantage of detailed, facility-level data on historical EPA and state enforcement activity under the Clean Air Act. The analysis investigates whether the EPA and state government agencies conducted more compliance monitoring inspections and levied more punitive actions at facilities located in poor and minority communities in the years following the adoption of the federal environmental justice policy initiatives of the mid-1990s. Despite explicit calls in Executive Order 12898 and in EPA environmental justice strategy documents that called for the targeting of firms in these communities, the analysis yields sparse evidence that enforcement effort changed during the post-policy period.Less
In this chapter, the authors examine patterns of race- and class-based disparities in federal and state regulatory enforcement. The chapter begins with a review of past research evaluating these types of disparities in government enforcement activity under major environmental laws. It then sets up and reports the results of an original statistical analysis that takes advantage of detailed, facility-level data on historical EPA and state enforcement activity under the Clean Air Act. The analysis investigates whether the EPA and state government agencies conducted more compliance monitoring inspections and levied more punitive actions at facilities located in poor and minority communities in the years following the adoption of the federal environmental justice policy initiatives of the mid-1990s. Despite explicit calls in Executive Order 12898 and in EPA environmental justice strategy documents that called for the targeting of firms in these communities, the analysis yields sparse evidence that enforcement effort changed during the post-policy period.
