Effective Methods for Environmental Justice Assessment (2004) / Chapter Skim
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Appendix A - Environmental Justice Regulations and Guidance
Appendix A - Environmental Justice Regulations and Guidance
Pages 299-309
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Title VI of the Civil Rights Act of 19641 requires that any program or activity receiving federal financial assistance be free of discriminatory effect with regard to race, color, or national origin.
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The National Environmental Policy Act4 (NEPA) requires federal agencies to consider environmental impacts before taking major actions that have the potential to significantly affect the human environment.
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The CEQ regulations require agencies to make diligent efforts to involve the public in preparing and implementing their NEPA procedures, and require agencies to provide public notice of NEPA-related hearings, public meetings, and the availability of environmental documents. The FHWA regulations establish similarly broad requirements.
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Other civil rights statutes. While Title VI, NEPA, and the FAHA provide the primary statutory basis for environmental justice in transportation projects, several other statutes are deserving of mention: • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 19708 provides that all groups should be treated uniformly and fairly in the case of residential relocations resulting from eminent domain.
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In addition to EO 12898, which directly addresses environmental justice policy, two other Executive Orders are somewhat pertinent: • EO 13166 mandates all federal agencies to improve access to their federally conducted programs and activities by eligible persons with limited English proficiency. This order has particular relevance with regard to the NEPA mandate to foster public involvement in the environmental review process.
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LEGAL ISSUES Whereas the previous section of this appendix summarizes the major statutory and federal policy guidelines that are the basis for environmental justice, this section describes how those statutes and guidelines address particular issues, such as which population groups are considered "protected" and how to define a "disproportionate" impact. Population groups to be considered.
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ELEMENTS OF A LEGALLY SUFFICIENT ENVIRONMENTAL JUSTICE ASSESSMENT The previous sections of this appendix present pertinent environmental justice regulations and guidance. Based on the language and intent of these regulations and guidance, it is important to address the following question: From a regulatory and policy perspective, what is the standard of legal sufficiency for environmental justice assessment of transportation policies, programs, and projects?
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As part of that process, an environmental justice assessment should satisfy at least the following minimum content requirements: • Most statutes, such as the Civil Rights Act of 1964, protect against discrimination based on race, class, or national origin. Executive Order 12898 extends many of these same protections to low-income populations.
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• The assessment should use public involvement both to identify potentially affected protected populations and to obtain input on the perceived effects of the program, policy, or project. • The environmental justice assessment should be an analytical tool for identifying the benefits and burdens of the proposed program, policy, or project to protected populations.
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This Web site contains the Federal Highway Administration's comprehensive listing of environmental justice and transportation resources, rules, policies, publications, and training opportunities.
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1994. "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations." Executive Order 12898.
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