Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency
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Targ, Nicholas

English

Colorado Law

University of Colorado Law School Colorado Law Scholarly Commons The Climate of Environmental Justice: Taking Stock (March 16-17) 2007 3-17-2007 SLIDES: Environmental Justice: Comprehensive Approach Nicholas Targ Follow this and additional works at: https://scholar.law.colorado.edu/climate-of-environmental-justice  Part of the Civil Rights and Discrimination Commons, Climate Commons, Dispute Resolution and Arbitration Commons, Energy Policy Commons, Environmental Health and Protection Commons, Environmental Law Commons, Environmental Monitoring Commons, Environmental Policy Commons, Human Rights Law Commons, Land Use Law Commons, Law and Politics Commons, Law and Race Commons, Law and Society Commons, Legal Ethics and Professional Responsibility Commons, Legislation Commons, Litigation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, State and Local Government Law Commons, and the Urban Studies and Planning Commons Citation Information Targ, Nicholas, "SLIDES: Environmental Justice: Comprehensive Approach" (2007). The Climate of Environmental Justice: Taking Stock (March 16-17). https://scholar.law.colorado.edu/climate-of-environmental-justice/2 Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.     Environmental Justice  Comprehensive Approach   Nicholas Targ   March 16, 2006 March 16, 2007 2 Comprehensive Approach I. Comprehensive Approach II. Promise and Limitations III. Strategic Planning as a Partial Response by Government IV. Implications    Background:  Comprehensive Approach •  38 States have Environmental Justice  Statutes,  Policies, Executive Orders (“EJ Authorities”).  •  9 states and the Federal Government use a  “Comprehensive Approach to address EJ issues  (CA, CT, IN, MA, MD, NJ, NY, NM, RI, TN).  •  Balance of the States address particular issue of  aspects of environmental justice (e.g., siting of  facilities; brownfields redevelopment;   Environmental Impact Assessment). March 16, 2007 4 Background: Comprehensive Approach Definition:  A policy that broadly integrates environmental justice into the work of a government or government agency, rather than focusing on a issue area that may give rise to or is associated with environmental justice concerns. March 16, 2007 5 Comprehensive Approach:  Advantages • All concerns can be addressed • Agency can apply the right “tool” or law to the concern raised (avoids stovepipe mentality) • Allows for holistic, integrated (agency-wide) response (e.g., leveraging resources and expertise, and coordination of actions).   March 16, 2007 6 Comprehensive Approach:  Limitations • Lack of clear-cut standards • Response is largely discretionary (e.g., non-adjudicatory in nature)  • Measurement and accountability may be challenging • Lack of express legal authority • Responsibility-accountability disconnected  • Difficult for a grassroots (“we speak for ourselves”) movement to participate in ongoing agency-wide policy issues    March 16, 2007 7 Mandate Capacity Building -Internal  -External Integration Coordination/Communication Accountability/Transparency Typical Elements of a “Comprehensive Environmental Approach” EJ Program Elements of the Comprehensive Approach March 16, 2007 8    Elements of the Comprehensive Approach Integration Accountability Memorandum establishing legal basis for actions Established commitment to taking specific action  Protocol for case-by-case environmental justice analysis  Measurable/Quantifiable results  Protocol for media specific and programmatic  Advisory Committee (cross-over role) Strategic Plan incorporating environmental justice Reporting Mechanism  March 16, 2007 9 Response to Limitations:  Strategic Planning Administrator Stephen L. Johnson, Memorandum “Reaffirming The U.S. Environmental Protection Agency’s Commitment to Environmental Justice,” (Nov. 4, 2005)   - Established 8 National EJ Priorities   - Directed the Agency to incorporate these      priorities into the Agency’s planning and       budgeting process    March 16, 2007 10 EPA STRATEGIC PLAN (5 year) EPA will do X by Y in N number places in the following ways Environmental Justice Priorities 8 Environmental Justice Priorities:  Reduction in number of asthma attacks; Safe fish/shellfish; Reduce exposure to air toxics; Clean and safe drinking water; Compliance assurance;   Revitalization of brownfields and contaminated sites; Reduction in elevated blood lead level; Collaborative Problem-Solving  EJ ACTION PLAN (2 year) Implementation of EJ Priorities National/Regional Program Results & Accountability March 16, 2007 11 EPA will use a set of nationally consistent environmental justice indicators of health, environment, compliance, and demographics to identify “Areas with Potential Environmental Concerns.” We will then emphasize activities in these areas. This effort will better protect all communities, including minority and/or low-income communities. We will report on the impact of our compliance efforts on these areas, including minority and/or low-income communities. Based on our experience with the indicators, we will develop specific environmental justice measures Example:  Enforcement Targeting March 16, 2007 12 Targeting Resources & Assessing Results • Target based on race  neutral factors •  Assess results base on  demographic (race &  income) data Operational Definition of Environmental Justice Targeting Prioritization Screening Assessing potential affects March 16, 2007 13 Implications • Defining areas “EJ Concern”   - validity of methodology   - consideration of race   - transparency • Community involvement • Ensuring that local/Regional issues are addressed • Potential stovepipe issues • Development of a suite of EJ measures  March 16, 2007 14 Coordination/Communication Agency - Interagency Working Group - Executive Steering Committee - Task Force Public  - EJ Advisory Committee (General Purpose) - EJ Advisory Committee (Special Purpose) - Listening Sessions Back March 16, 2007 15 Capacity Building Agency -  GIS/Mapping Tools -  Training - Human Capital - Protocols - Research Public  - GIS Tool - Translation - Training - Grants - Public Private Programs - Human Capital - Protocols Back March 16, 2007 16 Mandate California:  Conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state. SB 115  Federal:  To the greatest extent practicable and permitted by law… each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations...   Back 

SLIDES: Environmental Justice: Comprehensive Approach

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https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1001&context=climate-of-environmental-justice

SLIDES: Environmental Justice: Comprehensive Approach

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Colorado Law

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