Preparing Your Business for Environmental Justice

Preparing your business for environmental justice (EJ) continues to be a relevant and complex issue increasingly addressed by federal and state regulations. On October 13, 2023, the US Department of Justice (DOJ) published its first annual report detailing the implementation of its Comprehensive Environmental Justice Enforcement Strategy and highlighting DOJ authorities in EJ enforcement, including Title VI of the Civil Rights Act, the Clean Air Act, the Safe Drinking Water Act, and the Affordable Care Act. Meanwhile state legislatures have been taking steps to identify impacted communities, measure long-term health impacts, evaluate siting for future industrial projects, and ensure all communities have equal access to a healthy environment.

To prepare your business for future EJ legislative and regulatory actions, APTIM’s federal policy experts and environmental solutions providers propose four key considerations to plan, mitigate, and continuously improve your business strategy and operations in support of EJ policy principles.

1. Consider Federal Actions and Priorities

Understanding federal enforcement and funding activities is imperative to respond to risks and opportunities for your business associated with EJ. Since 2022, the Biden Administration demonstrated a commitment to EJ through the following actions:

2. Pay Attention to State Regulations

Advances in environmental law traditionally occur at the state level, and EJ is no exception. In the absence of a clear federal legal standard for EJ, states are taking the lead by using a variety of tools and mechanisms to increase public participation in the regulatory, permitting, and compliance processes. New Jersey has taken perhaps the most proactive approach, followed by California, Illinois, and New York. Several states, like Virginia, have established task forces, commissions, and offices to address disproportionate human health and environmental impacts of their programs and policies.

Some recently enacted EJ-related state bills include:

To understand and stay abreast of the rapidly changing landscape of state EJ laws and policies affecting your business locations, visit this law library.

3. Identify High Risk Business Locations

There are emerging policy guidelines and geographically-based screening tools, such as the EPA’s EJScreen and the White House Council on Environmental Quality’s Climate and Economic Justice Screening Tool, that can help you plan your business strategy and operations appropriately. Some states, including Maryland and Vermont, have also launched their own EJ-focused screening tools. These tools use socioeconomic and environmental data to pinpoint neighborhoods facing the greatest risks and burdens in terms of pollution. Your business might use these tools to identify high-risk locations that should be monitored regularly.

 4. Move Beyond Mere Compliance

In today’s EJ landscape, mere compliance with permitted standards and historic legal standards may not be enough. EJ advocates are pushing to incorporate racial and socioeconomic justice concepts into their demands, including:

These demands translate into expectations for your company to prepare and act prudently by incorporating principles of equity and justice data into planning and decision-making. As a first step, APTIM’s team of subject matter experts can help develop frameworks to collect and evaluate relevant data to identify communities facing significant and sustained environmental challenges where your company does business or maintains facilities.

If you are interested in learning more about how your company or facility can plan with EJ in mind, please reach out to our Senior Policy Analyst Tim Olson at Tim.Olson@APTIM.com or visit our Large Policy Management page.