Environmental Justice in Permitting

Environmental justice is defined as:

"The just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, tribal affiliation, or disability, in agency decision-making and other federal activities that affect human health and the environment so that people:

(i) are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and

(ii) have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices."

- Executive Order 14096 - Revitalizing Our Nation's Commitment to Environmental Justice for All

EPA has a long history of working to advance environmental justice. Federal policy has been guided by EO 12898 - Federal Actions to Address Environmental Justice in Minority and Low-Income Populations (1994), which focused on the environmental and human health effects of federal actions on minority and low-income populations, with the goal of achieving environmental protection for all communities. In 2023, EO 14096 was issued, which builds upon and supplements the scope of EO 12898.

EPA is committed to carrying out its permitting processes in a nondiscriminatory manner and improving the accessibility of its programs and activities to ensure meaningful access for all communities, including those that have faced environmental injustice, as well as tribal communities, persons with disabilities and persons with limited English proficiency. EPA encourages public comment and community engagement, which informs and includes feedback from potentially impacted communities through meaningful public participation. Examples of inclusive practices are public hearings or meetings at times convenient for residents with appropriate translation services where needed and enabling face-to-face or written feedback on permitting actions early in the review process.

Executive Orders with Environmental Justice Initiatives

Since 2021, five executive orders with environmental justice initiatives have been issued that launched new strategies and policies to pursue environmental justice and support on-the-ground change in communities: 

• Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (2021) - EO 13985 calls for equity assessments within each federal agency, for demographic data to be added to federal datasets, and for engagement and investment in underserved communities.

• Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (2021) - EO 13990 calls for agency review of previous administrations' environmental policies and establishment of an Interagency Working Group on the social coast of greenhouse gases.

• Tackling the Climate Crisis at Home and Abroad (2021) - EO 14008 amends EO 12898 and calls for revival of the White House Environmental Justice Interagency Council, establishment of a White House environmental justice advisory council, a Justice40 initiative to ensure that at least 40% of benefits from climate and clean energy investments go to disadvantaged communities, and a climate and economic justice screening tool.

• Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (2023) - EO 14091 directs federal agencies to make efforts to advance equity initiatives. It stresses the need for agencies to engage with underserved communities, help rural communities access federal resources, and advance civil rights.

• Revitalizing Our Nation's Commitment to Environmental Justice for All (2023) - EO 14096 builds on EO 12898 and calls for a government-wide approach to environmental justice for all and establishment of a new White House office of environmental justice within the existing Council on Environmental Quality. It also directs agencies to create environmental justice strategic plans with periodic reporting requirements. 

Current Actions on Environmental Justice in Permitting

EPA is working to integrate environmental justice into its decision-making and ensure compliance with civil rights laws in its permitting programs. As part of this effort, EPA is updating its screening and community outreach and engagement tools, including EJScreen, to assist in understanding environmental justice concerns.  

Environmental justice policies, laws, and provisions requiring that cumulative impacts be identified, analyzed and addressed in a permit decision all represent pathways to fairer distribution of environmental burdens and benefits. EPA released (August 2022) the interim Environmental Justice and Civil Rights in Permitting FAQs (PDF), which  provide information to EPA, federal, tribal, state, and local environmental permitting programs on how to integrate environmental justice into their permitting processes. Find more resources for environmental justice and civil rights in permitting below. 

• Environmental Justice in Air Permitting - Principles for Addressing Environmental Justice Concerns in Air Permitting
• Environmental Justice in Underground Injection Control Permitting
• National Pollutant Discharge Elimination System Program Policy addressing Environmental Justice and Equity in NPDES Permitting (PDF)
• Environmental Justice Action Plan for EPA's Land Protection and Cleanup Programs