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This report was developed by the National Environmental Justice Advisory Council (NEJAC) to present the findings of its Federal Facilities Working Group (FFWG or Working Group) to identify and evaluate key issues of concern to environmental justice communities regarding activities and operations at and around federal facilities and to formulate a set of national policy recommendations to address these concerns. This issue was raised by environmental justice communities at a May 2000 NEJAC meeting. This report, including its recommendations, reflects the consensus views of the members of NEJAC and the FFWG, who represent a diverse group of stakeholders. The United States Environmental Protection Agency (EPA), through its Office of Solid Waste and Emergency Response's Federal Facilities Restoration and Reuse Office, supported the Working Group's efforts.
Environmental Justice and Federal Facilities: Recommendations for Improving Stakeholder Relations Between Federal Facilities and Enviornmental Justice Communities
A systematic evaluation of the implementation of the federal government's environmental justice policies. In the 1970s and 1980s, the U.S. Congress passed a series of laws that were milestones in environmental protection, including the Clean Air Act and the Clean Water Act. But by the 1990s, it was clear that environmental benefits were not evenly distributed and that poor and minority communities bore disproportionate environmental burdens. The Clinton administration put these concerns on the environmental policy agenda, most notably with a 1994 executive order that called on federal agencies to consider environmental justice issues whenever appropriate. This volume offers the first systematic, empirically based evaluation of the effectiveness of the federal government's environmental justice policies. The contributors consider three overlapping aspects of environmental justice: distributive justice, or the equitable distribution of environmental burdens and benefits; procedural justice, or the fairness of the decision-making process itself; and corrective justice, or the fairness of punishment and compensation. Focusing on the central role of the Environmental Protection Agency, they discuss such topics as facility permitting, rulemaking, participatory processes, bias in enforcement, and the role of the courts in redressing environmental injustices. Taken together, the contributions suggest that—despite recent environmental justice initiatives from the Obama administration—the federal government has largely failed to deliver on its promises of environmental justice. Contributors Dorothy M. Daley, Eileen Gauna, Elizabeth Gross, David M. Konisky, Douglas S. Noonan, Tony G. Reames, Christopher Reenock, Ronald J. Shadbegian, Paul Stretesky, Ann Wolverton
Contents: (1) Intro.; Federal and State Government Interaction; (2) Statutory Framework for Enforcement of Pollution Control Laws and Key Players: Key Players in Environ. Enforcement and Compliance: EPA; U.S. Dept. of Justice; Other Federal Agencies; States and ¿Delegated Authority¿; Citizens; (3) Enforcement at Federal Facilities: Enforcement Response and Compliance Tools; Monitoring, Inspections, and Evaluations; Civil Admin. Actions; Civil and Criminal Judicial Enforcement; Sanctions and Penalties: Penalties Assessed to Federal Facilities; Environ. Justice and Enforcement/Compliance (E/C); Compliance Assistance and Incentive Approaches; (4) Funding for E/C Activities. Examples of Reported Enforcement Actions and Penalties Over Time. Illus. and tables.
Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.