&EPA
United States
Environmental Protection
Agency
EPA 231-F-14-003
November 2014
Environmental Justice
Key Resources for Building
a Community of Practice
for Local Use Planning
2014
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ACKNOWLEDGMENTS
Many individuals and agencies were involved in the creation of this document The document's principal
authors and project managers were Samantha Phillips Beers, Erin C. Sullivan, and Reginald Harris from EPA
Region III.
Much of the research and initial information for this document came from the work of Patricia Salkin from the
Touro College Jacob D. Fuchsberg Law Center, and other members of the workgroup, including individuals from
federal government, state government, and academia. These non-EPA contributors include:
Melissa Collier, Mississippi Department of Environmental Quality
Megan McConville, National Association of Development Organizations
Edith Pestana, National Environmental Justice Advisory Council (NEJAC) member, Connecticut
Department of Energy and Environmental Protection
Amy Simes, North Carolina Department of Environment and Natural Resources
The following also served as peer reviewers for the document:
Members of the Local Government Advisory Council (LGAC)
Members of NEJAC, particularly:
Charlie Chase
Michelle Moore
Deidre Sanders
Nicky Sheats
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BACKGROUND
ENVIRONMENTAL JUSTICE
The U.S. Environmental Protection Agency (EPA) defines "environmental justice" as the fair treatment and
meaningful involvement of all people regardless of race, color, national origin or income with respect to the
development, implementation and enforcement of environmental laws, regulations and policies.
Supporting environmental justice is important to the current and future health of a community, as it offers
an opportunity for residents to communicate their needs and desires. In doing so, residents may have
greater pride and ownership in their community, as well as opportunities for greater economic and social
success.
Plan El 2014 (the Plan) is a roadmap that will help EPA integrate environmental justice into the Agency's
programs, policies, and activities. Plan EJ 2014 is named in recognition of the 20th anniversary of President
Clinton's issuance of Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations.
In implementing the Plan, EPA will seek to meaningfully engage with communities and stakeholders.
The goals of the plan are to:
• Protect health in communities over-burdened by pollution
• Empower communities to take action to improve their health and environment
• Establish partnerships with local, state, tribal and federal organizations to achieve healthy and
sustainable communities.
Plan EJ 2014 is not a rule or regulation. It is a strategy to help integrate environmental justice into EPA's
daily activities.
LOCAL LAND USE PLANNING
Strategic planning is an important part in the overall health of a community. When local governments,
industry, and the citizens work together there are an array of advantages to the overall success and pride of
a community. Planning, siting, and permitting are essential processes to the development and
redevelopment of towns and cities across America, whether it is a small, rural town or a large, urban city.
The combination of land use planning and environmental justice is a natural fit; when environmental
justice concerns are part of the planning process, relationships are formed, value is added, and there is a
better sense of cooperation.
INTENDED USE
This document was created in partnership with EPA and environmental justice professionals from a variety
of backgrounds including federal, state and local government and academia. This group researched and
created an informational resource to assist local land use planners, community members and other
interested parties to make responsible decisions when planning, siting and permitting.
The information provided is intended to inform the land use planning process, promote a collaborative
decision-making process and support environmental justice. The identified resources emphasize the
importance of thinking creatively in order to protect the environmental and public health of the community.
This document is not intended to provide hard-and-fast rules or provide a scripted process for linking
environmental justice with land use planning; instead, it is meant to inform the process. This document
should be consulted early in the land use planning process to allow communities to determine the best way
to enhance their unique planning process.
While this document provides many useful environmental justice and land use resources, it is not meant to
provide an exhaustive list of information. The document was last updated in June 2014 and will be updated
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in the future to reflect new information as it is made available. For additional information or to notify EPA
of a change, please contact Pat Carey at carey.pat@epa.gov or 202-566-0199.
The use of environmental justice principles in land use planning originates from a variety of resource
categories and topic areas. This document identifies several of each and are described in further detail in
the following several pages. First, the information is organized into five categories indicating origin of the
resource: Academic Resources (Articles and Books), Federal Resources (Federal Executive Orders,
Legislation and Other Resources), State Resources (State Executive Orders, Legislation and Other
Resources), and Local Resources (Local Ordinances and Resources). Within each of those categories, the
information is further broken down into six informational topic areas: Environmental Justice 101,
Environmental Justice and Land Use: Making the Connection, Engaging the Community, Smart Growth, Case
Studies, and Policy/Legislation. These six informational topic areas can be used to inform training modules
and course planning, as well as provide reading and background on discrete topics.
For example, this document could be consulted to provide information to a land use planner who is
interested in learning more about Smart Growth. This planner may hold community listening session to
learn more about the community's needs and wants. One way to incorporate Smart Growth principles,
including the creation of a more walkable community, is to look on the table for resources that are checked
('V") with the Smart Growth indicator. These resources are located throughout the entire document and
are easy to locate when following the Smart Growth column on the tables.
Additionally, a community member could use this document to learn more about the laws, regulations, and
ordinances that pertain to his or her community. For example, an individual living in Hartford, Connecticut
would learn that there are several Federal resources (pages 13-15), four resources from the state of
Connecticut (page 18), and one resource specifically about the City of Hartford (page 25).
HOW THIS DOCUMENT IS ORGANIZED
The document presents information in a table that identifies the name of each resource and where to find
it, as well as a short description of the information provided by each resource. To make it easier to find
specific resources, it is organized into the following categories:
1. Academic Resources (Articles and Books)
Pages 7-12
Organized in reverse chronological order, the resources in this section are published journal
articles and books that cover a variety of environmental justice and land use topics. Some
examples in this section outline specific opportunities for land use decision-makers on how to
best incorporate environmental justice. Other resources in this section discuss the history of
various environmental justice issues in communities and the changes that have occurred.
2. Federal Resources (Federal Executive Orders, Legislation and Other Resources)
Pages 13-15
Organized in chronological order by executive order, legislation and other resources, this
section contains Presidential policy directives (specifically Executive Order 12898), the
National Environmental Policy Act (NEPA) that was signed into law on January 1,1970 and EPA
products. The EPA resources range from large, Agency-wide environmental justice planning
(Plan EJ 2014) to guidance, memorandums and tools to examine environmental concerns in a
community. These resources are useful for understanding the larger environmental justice
picture.
3. State Resources (State Executive Orders, Legislation and Other Resources)
Pages 15-25
Organized by state, this section includes environmental justice executive orders that were
signed by state governors, state laws and codes covering a variety of topics under land use
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planning and public participation, policies, plans, websites and other planning documents. The
other resources provide examples of environmental justice and land use planning practices.
4. Local Resources (Local Ordinances and Resources)
Pages 25-26
Organized alphabetically, this section contains laws found within municipality codes, and
resources created and implemented at the local/municipal level of government These
resources range from information on environmental justice ordinances to alliances and
networks promoting environmental justice among various parties.
The table also indicates to which of the following six informational topics each resource relates:
1. Environmental Justice 101
The history of environmental justice; federal, state, and local laws and ordinances that discuss
environmental justice on a broad level; and community-based research and information
pertaining to environmental justice.
2. Environmental Justice and Land Use: Making the Connection
Examples of incorporating environmental justice into land use planning; state and local laws
and ordinances that discuss environmental justice and land use partnering; and other
information related to the collaboration of ideas.
3. Engaging the Community
Information about public participation and how communities can be involved in the land use
planning process.
4. Smart Growth
Information related specifically to smart growth and its 10 basic principles: 1) Mix land uses; 2)
Take advantage of compact building design; 3) Create a range of housing opportunities and
choices; 4) Create walkable neighborhoods; 5) Foster distinctive, attractive communities with a
strong sense of place; 6) Preserve open space, farmland, natural beauty and critical
environmental areas; 7) Strengthen and direct development towards existing communities; 8)
Provide a variety of transportation choices; 9) Make development decisions predictable, fair
and cost effective; and 10) Encourage community and stakeholder collaboration in
development decisions.
5. Case Studies
Historic environmental justice cases and/or lessons learned from examples of environmental
justice being incorporated into decision-making and land use planning.
6. Policy/Legislation
Summaries of or direct links to federal, state or local environmental and/or environmental
justice laws (i.e., statute enacted by legislature), regulations (i.e., directive made and maintained
to implement the authority of laws), and policies (i.e., system of laws, regulatory measures,
courses of action, and funding priorities intended to accomplish certain goals).
In addition, recurrent environmental justice and land use themes appear across the resource categories
and informational topics highlighted in the guide. Each theme has a corresponding code represented in
parentheses below. If applicable, the resources in the tables starting on page 6 will contain these theme
codes at the end of the citation.
• Activism (ACT) - The act of campaigning to promote, impede or direct social or environmental
change.
• Air (AIR) - Environmental impacts and health burdens due to poor air quality resulting from
close proximity to an environmental hazard.
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• Buffering (BU) - A sufficient zone (e.g., geographic area) or structure (e.g., sounds walls)
between a facilities and a community to protect the public from pollutants (e.g., noise, air,
water, land).
• Community Benefit Agreement (CBA) - A legally binding contract negotiated between a
developer and a coalition representing a broad spectrum of community members impacted by
the development In exchange for community members' support for the project, the developer
agrees to provide certain benefits (e.g., funding for affordable housing and open space).
• Demographics (DEM) - Socioeconomic characteristics of a population expressed statistically,
such as age, sex, race, national origin, education level, income level, etc.
• Goods Movement (GM) - Environmental pollution associated with the transportation of
freight (e.g., seaports, airports, railways, truck lanes, logistics centers, border crossings).
• Hazardous Waste Facilities (HWF) - Facilities that treat, store, recycle, incinerate or transfer
hazardous wastes from at least two producers of hazardous wastes.
• Illegal/Open Dumps (I/OD) - The improper disposal of any waste including household trash,
tires, barrels, demolition/construction waste, appliances, metal or any material that will rust,
rotor burn.
• Industry (IND) - Environmental and health burdens on a community associated with the
zoning and operation of industrial facilities.
• Meaningful Involvement/Decision-Making (MI/DM) - Provides the opportunity for: people
to participate in decisions about activities that may affect their environment and/or health; the
public's contribution to influence the regulatory agency's decision; consideration of the public's
concerns in the decision-making process; and decision makers to seek out and facilitate the
involvement of those potentially affected.
• NEPA (NEPA) - The National Environmental Policy Act (NEPA) established U.S. policy
promoting the enhancement of the environment and also established the President's Council on
Environmental Quality (CEQ).
• Public Equality (PE) - Equal access to public goods and services as it relates to environmental
justice and land use planning.
• Public Health (PH) - The health impacts to a community attributed to environmental
pollution.
• Public Outreach (PO) - The act of providing information and/or services to populations that
might not otherwise have access to the information/services.
• Siting and Permitting (SP) - The process of selecting a location and receiving the authority to
construct and build a new facility.
• Solid Waste Facilities (SWF) - Structures or systems designed for the collection, processing or
disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing
plants, recycling plants and disposal systems.
• Title VI (T6) - Actions related to Title VI of the Civil Rights Act of 1964, which prohibits
discrimination on the basis of race, color or national origin in any program or activity receiving
federal financial assistance.
In order to read the full content of the resource, click on the hyperlink or copy and paste the citation into an
Internet search engine. The majority of the resources listed below include hyperlinks; however, there are
several resources that are not available online.
Working Together for Environmental Justice
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Environmental Justice in Land Use Planning
Academic Resources (Articles and Books)
Organized in chronological order, starting with the most recent document.
David W. Case, The Role of Information in Environmental Justice, Mississippi Law Journal,
Volume 81:4 (2012).
Surveys important developments in the generation, use and promotion of public access to
information relevant to such efforts. MI/DM
Robert D. Bullard, et al.. Environmental Health and Racial Equity: Building Environmentally
Just, Sustainable, and Livable Communities, Environmental Justice Resource Center (2011).
An account of events, individuals and organizations that have shaped the environmental justice
movement over the past two decades.
Patricia E. Salkin, Environmental Justice and Land Use Planning, American Planning
Association f20101. http://papers.ssrn.com/sol3/papers.cfm7abstract id=1827195
Explores opportunities for members of planning and zoning boards, professional planning staff and
local elected officials to incorporate environmental justice principles into land use decision-making.
Tonya R. Lewis, The Plenary Power of States to Protect Citizens from Environmental
Hazards: Who's Failing? New York State: A Case in Point, 17 Buffalo Environmental Law
lournal 43 f2009-101. http://wings.buffalo.edu/law/beli/archive.htmttl7
Accentuates the current and pressing evolution of the state's role in ensuring that all humans attain
the ubiquitous right to clean air, water and land.
Robert D. Bullard et. al.. Toxic Wastes and Race at Twenty: Why Race Still Matters After All of
These Years, 38 Environmental Law 371 (2008).
http://www.sph.umich.edu/svmposium/2010/pdf/bullardl.pdf
This report commemorates and updates the 1987 landmark report Toxic Wastes and Race in the
United States and takes stock of progress achieved over the last 20 years.
Robert W. Collin, Environmental Justice in Oregon: It's the Law, 38 Environmental Law 413
f20081. http://ulpdx.pbworks.eom/f/EI Oregon law 2008.pdf
As states grapple with new policy approaches and processes to begin resolution of environmental
injustices, the issues, approaches and observations from the first of state level environmental justice
task forces and commissions can inform all stakeholders of their efficacy.
Michael Gerrard & Sheila Foster, The Law of Environmental Justice: Theories and Procedures
to Address Disproportionate Risk, 2nd Edition, American Bar Association (2008).
http://books.google.com/books/about/The Law of Environmental Iustice.html?id=ZY-
GOnNPIDgC
Comprehensively examines the sources of environmental justice law and how evolving regulations
and important court decisions impact projects around the country.
Patricia E. Salkin & Amy Lavine, Negotiating for Social Justice and the Promise of Community
Benefits Agreements: Case Studies of Current and Developing Agreements, 17 Journal of
Affordable Housing & Community Development Law 113 (2008).
http://digitalcommons.tourolaw.edu/ cgi/viewcontent.cgi?article=1519&context=scholarlvworks
Details community benefit agreements and discusses benefits that the developer will provide to the
community in exchange for the community's support, or quiet acquiescence, of its proposed
development. CBA
Patricia E. Salkin & Amy Lavine, Understanding Community Benefits Agreements: Equitable
Development, Social Justice and Other Considerations for Developers, Municipalities and
Community Organizations, 26 UCLA Journal of Environmental Law & Policy 291 (2008).
http://digitalcommons.tourolaw.edu/ cgi/viewcontent.cgi?article=1522&context=scholarlvworks
Provides a history and context of community benefit agreements and discusses how they allow
community groups to address a multitude of impacts and opportunities that they host community
may not have legal authority or political will to discuss otherwise. CBA
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Environmental Justice in Land Use Planning
Academic Resources (Articles and Books)
Organized in chronological order, starting with the most recent document.
Patricia E. Salkin & Amy Lavine, Understanding Community Benefits Agreements, The
Practical Real Estate Lawyer (July 2008). http://files.ali-
aba.org/thumbs/datastorage/lacidoirep/articles/PREL0807-Salkin-Lavine thumb.pdf
Describes how community benefit agreements have opportunities and traps for developers,
municipalities and community organizations. CBA
Tony Arnold, Planning for Environmental Justice, 59 Planning & Environmental Law 3 (2007).
Explores how environmental justice and good land use planning are inseparably connected.
Charles Lee, 1982 Warren County Protests: Environmental Justice Twenty-Five Years Later,
1 Golden Gate University of Environmental Law Journal 53 (2007).
The 1982 protesters against the dumping of polychlorinated biphenyls (PCBs) in Warren County,
North Carolina had no idea of the momentous changes that were to come.
Patricia E. Salkin, Understanding Community Benefit Agreements: Opportunities and Traps
for Developers and Community Organizations, in Land Use Institute: Planning, Regulation,
Litigation, Eminent Domain and Compensation, 1407 ALI-ABA (2007). http://community-
wealth.org/content/understanding-communitv-benefit-agreements-opportunities-and-traps-
developers-municipalities
Describes how community benefit agreements specify the benefits that the developer will provide to
the community in exchange for the community's support of its proposed development CBA
Uma Outka, NEPA and Environmental Justice: Integration, Implementation, and Judicial
Review, 33 Boston College Environmental Affairs Law Review 601 (2006).
http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1101&context=ealr
Although the National Environmental Policy Act (NEPA) provides the structure for federal
environmental decision-making, is it effective as a tool for addressing environmental justice? NEPA
Patricia E. Salkin, Intersection Between Environmental Justice and Land Use Planning, 56
Planning & Environmental Law 5-7 (2006).
http://papers.ssrn.com/sol3/papers.cfm7abstract id=1029861
Environmental justice goes to the core of traditional land use decisions: choosing sites for locally
unwanted land uses; the process for deciding where to site these unwanted land uses, including the
location and timing of public hearings; and sociological factors, including which groups hold the
political power inherent in land use decisions. CBA
Robert D. Bullard, The Quest for Environmental Justice: Human Rights and the Politics of
Pollution. Sierra Club Books (2005). http://www.worldcat.org/title/quest-for-environmental-
iustice-human-rights-and-the-politics-of-pollution/oclc/57201640
A collection of essays that capture the voices of those who are battling environmental injustice and
human rights abuses at the grassroots level around the world and challenging government and
industry policies and globalization trends that place people of color and the poor atspecial risk.
Suellen T. Reiner, The Next Frontier: Land-Use Planning and Environmental Justice, in
Current Trends & Practical Strategies in Land Use Law & Zoning, ABA-TPSLUZ Chapter 6
f20051. http://www.worldcat.org/title/current-trends-and-practical-strategies-in-land-use-law-
and-zoning/oclc/123907385
A compilation of significant trends in land use law, featuring landmark court decisions from the U.S.
Supreme Court, federal district courts and state high courts.
Patricia E. Salkin, Environmental Justice and Land Use Planning and Zoning, 32 Real Estate
Law Journal 429 (2004).
http://www.albanvlaw.edu/glc/publications/glo/Documents/Environmental%20Iustice%20and
%20Land%20Use%20Planning%20and%20Zoning.pdf
Analysis of the importance of local land use laws to achieve sustainability, and how environmental
justice goes to the core of traditional land use decisions.
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Environmental Justice in Land Use Planning
Academic Resources (Articles and Books)
Organized in chronological order, starting with the most recent document.
Eileen Gauna & Sheila Foster, Environmental Justice: Stakes, Stakeholders, Strategies, 30
Human Rights Magazine 4 (2003).
http://www.americanbar.org/publications/human rights magazine home/human rights volSO
2003/fall2003/irr hr fall03 stakes.html
Explores the U.S. environmental justice movement and how it was propelled into mainstream
political discourse and popular consciousness by grassroots activism. ACT
Sten-Erik Hoidal, Returning to the Roots of Environmental Justice: Lessons from the
Inequitable Distribution of Municipal Services, 88 Minnesota Law Review 193 (2003).
Provides a review of several environmental justice court decisions.
Linda Breggin, A Citizen's Guide to Using Federal Environmental Laws to Secure
Environmental Justice, Environmental Law Institute (2002). http://www.eli.org/research-
report/citizens-guide-using-federal-environmental-laws-secure-environmental-iustice
This handbook highlights sections of environmental laws that can be used to support and help
advance environmental justice goals.
Juliana Maantay, Zoning Law, Health, and Environmental Justice: What's the connection?, 4
Journal of Law, Medicine and Ethics 572 (2002).
http://www.lehman.cunv.edu/deannss/geographv/publications/ILME Maantav.pdf
Explores the relationship between land use laws and environmental equity, and the implications of
these laws for public health. PH
Sarah J. Farhat, Environmental Racism: The PIBBY Principle, 33 McGeorge Law Review, 295 (2002).
Defines "environmental justice," reviews the background of the movement, and examines the existing
law at the federal and state levels of government and observes that there is no such existing law at
the local level.
Sara Pirk, Expanding Public Participation in Environmental Justice: Methods, Legislation,
Litigation and Beyond, 17 Journal of Environmental Law & Litigation 207 (2002).
http://www.temple.edu/lawschool/iilpp/EnvironmentalRoundtableResearchDocs/Pirk%20-
%20Expanding.pdf
Explores how citizens of communities of color and low socioeconomic status can get involved in
solving environmental problems in their neighborhoods for an equal voice in decision-making. DEM,
MI/DM
Clifford Rechtschaffen & Eileen Gauna, Environmental Justice: Law, Policy and Regulation,
Carolina Academic Press (2002). http://www.cap-press.com/pdf/1181.pdf
Provides students with a comprehensive introduction to environmental justice, whether or not they
have prior background in environmental law.
Tessa Meyer Santiago, An Ounce of Prevention is Worth a Pound of Cure: State Preemption
of Local Siting Authority as a Means for Achieving Environmental Equity, 2 1 Virginia
Environmental Law Journal 71 (2002). http://www.veli.org/an-ounce-of-preemption.html
Explores how environmental racism exists where communities of color are made to bear a
disproportionate burden of a siting decision and how preventing undesirable land uses in minority
neighborhoods through judicial remedies is an uphill challenge.
Toby Bernstein, Opportunities for Advancing Environmental Justice: An Analysis of U.S. EPA
Statutory Authorities, Environmental Law Institute (2001). http://www.eli.org/research-
report/opportunities-advancing-environmental-iustice-analvsis-us-epa-statutorv-authorities
Analyzes EPA's jurisdiction over many core environmental justice issues, especially the prevention
and control of industrial pollution. IND
Michael B. Gerrard, "Environmental Justice and Local Land Use Decision-making," in Trends
in Land Use Law from A to Z: Adult Uses to Zoning, Patricia E. Salkin, Edition, American Bar
Association (2001).
Examines the effects of zoning laws on environmental justice and local land use decisions that affect
the community's environment.
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Environmental Justice in Land Use Planning
Academic Resources (Articles and Books)
Organized in chronological order, starting with the most recent document.
Paul M. Hendrick, Racism in American Land Use Decisions: The Slicing of the American Pie,
2 Florida Costal Law Journal 395 (2001).
http://heinonline.org/HOL/LandingPage?collection=iournals&handle=hein.iournals/fdi2&div=5
2&id=&page
Explores the subtle legacy of racism that persists in American land use planning and environmental
regulatory decisions.
Craig Anthony Arnold, Land Use Regulation and Environmental Justice, 30 ELR 10395 (2000).
http://elr.info/news-analvsis/30/10395/land-use-regulation-and-environmental-iustice
Explores the relationship between environmental justice and land use regulation and planning — a
relationship thatlawyers, scholars, judges and policymakers must increasingly understand.
Matthew B. Leveridge, Should Environmental Justice be a National Concern? A Review and
Analysis of Environmental Justice Theories and Remedies, 15 Journal of Natural Resources &
Environmental Law 107 (1999-2000).
http://heinonline.org/HOL/LandingPage?collection=iournals&handle=hein.iournals/inatrenvll5
&div=10&id=&page
Analyzes arguments presented by the different studies of environmental justice theories and
remedies.
Robert D. Bullard, Leveling the Playing Field through Environmental Justice, 23 Vermont Law
Review 453 (1999). https://litigation-
essentials.lexisnexis.com/webcd/app?action=DocumentDisplav&crawlid=l&doctype=dte&docid
=23+Vt.+L.+Rev.+453&srctvpe=smi&srcid=3B15&kev=c589fc305348a7af3913750c35afla3b
Explores the current environmental protection model and offers an alternative framework for
addressing environmental inequities, disparate impacts and unequal protection.
Jimmy White, Environmental Justice: Is Disparate Impact Enough? 50 Mercer Law Review 1155
(1999). https://litigation-
essentials.lexisnexis.com/webcd/app?action=DocumentDisplavSi.crawlid=lSi.doctvpe=citeSi.docid=5
0+Mercer+L.+Rev.+1155&srctvpe=smi&srcid=3B15&kev=ld9cc02f82e7316fa21681fle97d033c
Examines how lack of resources, political power and practical knowledge have proven all too often
to be insurmountable obstacles to the resolution of conflicts over the siting of hazardous waste
producers or handlers. HWF
Craig Anthony Arnold, Planning Milagros: Environmental Justice and Land Use Regulation,
76 Denver U.L.R.1 C1998"). http://papers.ssrn.com/sol3/papers.cfm7abstract id=1040501
Documents the disproportionately higher amount of industrial and other non-residential land uses in
census tracts where low-income people of color live, based on a study of 31 census tracts in seven
cities nationwide. IND,DEM
Christopher Billias, Environmental Racism and Hazardous Facility Siting Decisions: Noble
Cause of Political Tool? 4 Race & Ethnic Ancestry Law Journal 36 (1998).
http://scholarlvcommons.law. wlu.edu/cgi/viewcontent.cgi?article=1059&context=crsi
Analyzes the development of environmental racism by surveying scientific studies dealing with this
issue and examines the actions taken by the executive and legislative branches in response to
environmental racism. HWF
Sheila Foster, Justice from the Ground Up: Distributive Inequities, Grassroots Resistance,
and the Transformative Politics of the Environmental Justice Movement, 86 California Law
Review 775 (1998).
http://scholarship.law.berkelev.edu/cgi/viewcontent.cgi?article=1579Si.context=californialawrev
lew
Examines the environmental justice movement from the "ground up," from the perspective of the
predominantly poor, African-American residents of Chester, Pennsylvania, who attempted to stop the
clustering of waste facilities in their community. HWF
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Environmental Justice in Land Use Planning
Academic Resources (Articles and Books)
Organized in chronological order, starting with the most recent document.
Stephen M. Johnson, NEPA and SEPA's in the Quest for Environmental Justice, 30 Loyola of Los
Angeles Law Review 565 (1997).
http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2027&context=llr
Examines how strong state environmental policy acts [SEPAs] and a strong National Environmental
Policy Act (NEPA) are necessary to address environmental justice concerns on a national scale
effectively. NEPA
Alice Kaswan, Environmental Justice: Bridging the Gap Between Environmental Laws and
"Justice," 47 American University Law Review 221 (1997).
http://www.wcl.american.edu/iournal/lawrev/47/kaswan.pdf
Takes a step toward bridging the gap between environmental laws and justice by exploring some of
the conditions under which environmental laws can contribute to social and political debates about
fair treatment.
Daniel Kevin, "Environmental Racism" and Locally Undesirable Land Uses: A Critique of
Environmental Justice Theories and Remedies, 8 Villanova Environmental Law Journal 121
C1997"). http://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1199&context=eli
Critically examines some of the major assumptions underlying environmental justice by addressing
the impact, or lack thereof, on minorities. DEM
Robert Bullard, Unequal Protection: Environmental Justice and Communities of Color, 2nd
Edition, Sierra Club Books (1996).
http://books.google.com/books/about/Unequal Protection.html?id=Kp4NAAAAYAAI
Through case studies, shows how environmental laws have been inconsistently applied, so that
people of color suffer disproportionately from public health hazards, and documents the strategies
and struggles of grassroots groups now building coalitions among community activists and
traditional environmentalists. ACT
Rodger C. Field, Siting, Justice and the Environmental Laws, 16 Northern Illinois University
Law Review 639 (1996). https://litigation-
essentials.lexisnexis.com/webcd/app?action=DocumentDisplavSi.crawlid=lSi.doctvpe=citeSi.docid
=16+N.+Ill.+U.+L.+Rev.+639&srctvpe=smi&srcid=3B15&kev=9511a97ad6aadd497b8b689dc3f76
528
Reviews the issue of environmental justice, the government's response, and its implications for
industrial development. IND
Benjamin A. Goldman & Laura Fitton, Toxic Wastes and Race Revisited (1994).
http://www.worldcat.org/title/toxic-wastes-and-race-revisited-an-update-of-the-1987-report-
on-the-racial-and-socioeconomic-characteristics-of-communities-with-hazardous-waste-
sites/oclc/301710871
An update of the 1987reporton the racial and socioeconomic characteristics of communities with
hazardous waste sites. DEM, HWF
R.D. Bullard ed.. Confronting Environmental Racism: Voices From the Grassroots, South End
Press (1993).
http://www.goodreads.com/book/show/773307.Confronting Environmental Racism
Describes how people of color in urban and rural areas are the most likely victims of industrial
dumping, toxic landfills, uranium mining and dangerous waste incinerators. DEM, HWF, I/OD
Vicki Been, What's Fairness Got to do With It? Environmental Justice and the Siting of
Locally Undesirable Land Uses, 78 Cornell Law Review 1001 (1993).
http://www.temple.edu/lawschool/iilpp/EnvironmentalRoundtableResearchDocs/Been%20-
%20Whats%20Fairness.pdf
Details how policymakers and local land use officials struggle to cope with the "not in my backyard"
syndrome in attempting to site locally undesirable land uses, such as homeless shelters, drug or
alcohol treatment centers and waste disposal facilities.
Environmental
Justice 101
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Environmental Justice in Land Use Planning
Academic Resources (Articles and Books)
Organized in chronological order, starting with the most recent document.
Robert D. Bullard, Race and Environmental Justice in the United States, 18 Yale Journal of
International Law 319 C1993"). http://vale.edu/glc/aces2/18YaleIIntlL319.pdf
Analyzes the causes and impacts of environmental inequities in the United States by examining the
links between institutional racism and ecological disparities, focusing on how institutional racism
affects siting of hazardous waste facilities, and surveying the efforts of communities to achieve
environmental justice. HWF
Michael R. Greenberg, Proving Environmental Inequity in Siting Locally Unwanted Land
Uses, 4 Risk: Issues in Health & Safety 235 (1993).
http://heinonline.org/HOL/LandingPage?collection=iournals&handle=hein.iournals/risk4&div=2
5&id=&page
Reviews how locally unwanted land uses (LULUs) cause tension and political conflict.
Dollie Burwell, Reminiscences from Warren County, in Proceedings of the First National
People of Color Environmental Leadership Summit, Charles Lee Edition. (1992).
Documents the demonstration and protests in Warren County, North Carolina, one of the first cases
of environmental justice in the United States and set a precedent for other environmental justice
cases.
Robert D. Bullard, Dumping in Dixie: Race, Class and Environmental Quality, Westview Press
f 1990"). http://www.ciesin.columbia.edu/docs/010-278/010-278chpt2.html
Explores the environment-development dialectic conflict and residual impact of the industrial policy
(i.e., "any job is better than no job") on the Southeastern United States' ecology. DEM
United Church of Christ Commission for Racial Justice, Toxic Wastes and Race in the United
States: A National Study on the Racial and Socioeconomic Characteristics of Communities
Surrounding Hazardous Waste Sites (1987).
http://www.ucc.org/about-us/archives/pdfs/toxwrace87.pdf
The first national report to comprehensively document the presence of hazardous wastes in racial
and ethnic communities throughout the United States. DEM, HWF
U.S. General Accounting Office, Siting of Hazardous Waste Landfills and their Correlation with
Racial and Economic Status of Surrounding Communities, app. I at 9 (1983).
http://archive.gao.gov/d48tl3/121648.pdf
Provides information on the racial and economic characteristics of communities surrounding four
hazardous waste landfills in three southeastern states. DEM
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Environmental Justice in Land Use
Federal Resources
Federal Executive Orders, Legislation and Resources
Organized by executive order and memorandums, legislation and other resources.
Federal Executive Orders and Memorandums
Executive Order No. 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (February 11, 1994), 3 C.F.R. 859 (1995).
http://www.epa.gov/region2/ei/exec order 12898.pdf
Outlines federal agency responsibilities for addressing environmental justice.
Memorandum on Environmental Justice by William J. Clinton (February 11, 1994)
http://www.presidencv.ucsb.edu/ws/index.php?pid=49639&st=&stl
Details the scope and intent of Presidential Executive Order 12898.
Memorandum of Understanding on Environmental Justice and Executive Order 12898
(August 2011)
http://epa.gov/environmentaliustice/resources/publications/interagency/ei-mou-2011-08.pdf
Declares the continued importance of Executive Order 12898, renews the process, establishes
structures and procedures, and identifies particular areas of focus to be included in Agency
environmental justice efforts.
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Federal Legislation
National Environmental Policy Act of 1969 §102, 42 U.S.C. §4332 (2000).
http://www.epw.senate.gov/nepa69.pdf
Established the Council on Environmental Quality. Federal decision-makers must consider environmental
effects of federal actions, and give the affected community a chance to comment on the process.
^
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Federal Resources
U.S. Environmental Protection Agency, Plan EJ (2014).
http://www.epa.gov/compliance/environmentaliustice/plan-ei/index.html
Roadmapfor addressing environmental justice concerns in federal government.
U.S. Environmental Protection Agency, Creating Equitable, Healthy, and Sustainable
Communities: Strategies for Advancing Smart Growth, Environmental Justice, and
Equitable Development (2013). http://www.epa.gov/smartgrowth/pdf/equitable-
dev/equitable-development-report-508-011713b.pdf
Builds on past successes and offers approaches to shape development that responds to the needs and
reflects the values of other low-income, minority, tribal and overburdened communities. DEM
U.S. Environmental Protection Agency, EJView. http://epamapl4.epa.gov/eimap/entry.html
Mapping tool allows user to screen for potential environmental justice concerns based on multiple
factors affecting a community.
U.S. Environmental Protection Agency, Title VI Public Involvement Guidance for EPA
Assistance Recipients Administering Environmental Permitting Programs (2006).
http://www.gpo.gov/fdsvs/pkg/FR-2006-03-21/html/06-2691.htm
Discusses approaches and suggests tools recipients may use to help enhance the public involvement
aspects of their permitting programs and address potential issues related to Title VI of the Civil
Rights Act of 1964. T6
U.S. Environmental Protection Agency, Office of the Inspector General, EPA Needs to Conduct
Environmental Justice Reviews of its Programs, Policies and Activities (2006).
http://www.epa.gov/oig/reports/2006/20060918-2006-P-00034.pdf
Office of the Inspector General [OIG) report that shows that EPA senior management have not
sufficiently directed program and regional offices to conduct environment justice reviews in
accordance with Executive Order 12898.
U.S. Government Accountability Office, Environmental Justice: EPA Should Devote More
Attention to Environmental Justice When Developing Clean Air Rules (2005).
http://www.gao.gov/new.items/d05289.pdf
Government Accountability Office [GAO) report that shows when drafting the three clean air rules,
EPA devoted insufficient attention to environmental justice. AIR
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Environmental Justice in Land Use
Federal Resources
Federal Executive Orders, Legislation and Resources
Organized by executive order and memorandums, legislation and other resources.
U.S. Environmental Protection Agency, Office of the Inspector General, EPA Needs to
Consistently Implement the Intent of the Executive Order on Environmental Justice Report
Number 2004-P-00007 (2004).
http://www.epa.gov/oig/reports/2004/20040301-2004-P-00007.pdf
Details that EPA has not fully implemented Executive Order 12898 and provided recommended
corrective actions.
U.S. Environmental Protection Agency, Guidance to Environmental Protection Agency
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons (2004).
http://www.gpo.gov/fdsvs/granule/FR-2004-06-25/04-14464/content-detail.html
Provides a general framework that EPA-assisted programs and activities may use to provide
meaningful access to limited English proficient persons. T6
U.S. Commission on Civil Rights, Not in My Backyard: Executive Order 12898 and Title VI as
Tools for Achieving Environmental Justice (2003).
http://www.usccr.gov/pubs/enviust/ej0104.pdf
Reveals some of the success in implementing Executive Order 12898 and the principles of
environmental justice, and details the problems and shortcomings that remain. T6
National Academy Of Public Administration, Addressing Community Concerns: How
Environmental Justice Relates to Land Use Planning and Zoning (2003).
http://www.epa.gov/compliance/ei/resources/reports/annual-proiect-reports/napa-land-use-
zoning-63003.pdf
Examines the roles of federal, state and local governments in responding to public concerns about
environmental justice issues.
National Environmental Justice Advisory Council, Integration of Environmental Justice in
Federal Agency Programs (2002).
http://www.epa.gov/compliance/ei/resources/publications/neiac/integration-ei-federal-
programs-030102.pdf
Provides advice and recommendations on federal government efforts toward integrating
environmental justice into agency policies, programs and activities consistent with the existing laws
and Executive Order 12898.
U.S. Environmental Protection Agency, Draft Title VI Guidance for EPA Assistance Recipients
Administering Environmental Permitting Programs and Draft Revised Guidance for
Investigating Title VI Administrative Complaints Challenging Permits (2000).
http://www.epa.gov/civilrights/docs/frn t6 pub06272000.pdf
Title VI guidance that strikes a balance between EPA's strong commitment to civil rights
enforcement and the practical aspects of operating permitting programs. T6
U.S. Environmental Protection Agency, General Counsel Memorandum, EPA Statutory and
Regulatory Authorities Under Which Environmental Justice Issues May Be Addressed in
Permitting (2000).
http://www.epa.gov/environmentaliustice/resources/policv/ei permitting authorities memo 1
20100.pdf
Analyzes a number of statutory and regulatory authorities under the Resource Conservation and
Recovery Act [RCRA); the Clean Water Act [CWA); the Safe Drinking Water Act [SDWA); the Marine
Protection, Research, and Sanctuaries Act; and the Clean Air Act [CAA) that the Office of General
Counsel (OGC) believes are available to address environmental justice issues during permitting.
U.S. Environmental Protection Agency, Final Guidance for Incorporating Environmental
Justice in EPA's NEPA Compliance Analysis (1998).
http://www.epa.gov/compliance/environmentaliustice/resources/policv/ei guidance nepa epa
Guidance intended to improve the internal management of EPA with respect to environmental
justice under. NEPA
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Environmental Justice in Land Use
Federal Resources
Federal Executive Orders, Legislation and Resources
Organized by executive order and memorandums, legislation and other resources.
Executive Office of the President, Council on Environmental Quality, Environmental Justice:
Guidance Under the National Environmental Policy Act (December 10, 1997).
http://www.epa.gov/compliance/ei/resources/policv/ei guidance nepa ceql297.pdf
Reviews the guidance that assists federal agencies with their NEPA procedures so that
environmental justice concerns are effectively identified and addressed. NEPA
U.S. Environmental Protection Agency, Environmental Equity: Reducing Risks for All
Communities C1992"). http://www.epa.gov/environmentaliustice/resources/reports/annual-
proiect-reports/reducing risk com voll.pdf
Provides a summary and recommendations for EPA action on environmental equity issues.
U.S. General Accounting Office, Siting of Hazardous Waste Landfills and their Correlation with
Racial and Economic Status of Surrounding Communities (1982).
http://archive.gao.gov/d48tl3/121648.pdf
Provides information on the racial and economic characteristics of communities surrounding four
hazardous waste landfills in three southeastern states. DEM, HWF
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
University of California Hastings College of Law, Environmental Justice for All: A Fifty-State
Survey of Legislation, Policies, and Initiatives, 4th Edition (February 15, 2010).
http://gov.uchastings.edu/public-law/docs/eireport-fourthedition.pdf
Comprehensive survey of state environmental justice laws, policies and cases prepared by the
University of California - Hastings College of the Law and the American Bar Association.
ALABAMA
Executive Order No. 26, Alabama Commission on Environmental Initiatives (April 26, 2000).
http://www.isu.edu/depart/epic/executiveorder26.html
Established the Alabama Commission on Environmental Initiatives to develop quality options to
encourage the long-term protection of Alabama's natural environment and public health. PH
Alabama Code § 22-30-5. l(c) (d) Restriction on Number of Commercial Hazardous Waste
Treatment Facilities or Disposal Sites per County; Legislative Approval of Sites (2005).
http://codes.lp.findlaw.eom/alcode/22/l/30/22-30-5.l
Addresses the siting of commercial hazardous waste treatment facilities or disposal sites. HWF
Alabama Code § 22-30-12(g) Permit Program (2005).
http://codes.lp.findlaw.eom/alcode/22/l/30/22-30-12
Addresses the public notice requirements for permit applications for a hazardous waste treatment,
storage or disposal facility. HWF
Alabama Code § 22-22A-6 Environmental Management Commission (2005).
http://codes.lp.findlaw.eom/alcode/22/l/22A/22-22A-6
Creates and details the responsibilities of a seven member Environmental Management Commission
of the Alabama Department of Environmental Management.
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Alabama Department of Transportation, Statewide Transportation Plan Update.
http://cpmsweb2.dot.state.al.us/TransPlan/SWTP/Docs/ALDOTSWTPFINAL.pdf
Presents long-range, multimodal assessments of the state's transportation program. CM
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ALASKA
Alaska Department of Transportation and Public Facilities, Civil Rights Office: Title VI of the
Civil Rights Act of 1964 and Environmental Justice.
http://www.dot.alaska.gov/cvlrts/titlevi.shtml
Website that provides information and links to environmental justice resources. T6
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ARIZONA
Arizona Revised Statute § 9-461.05(e) General Plans (1996).
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/9/00461-
Q5.htm&Title=9&DocType=ARS
Addresses policies for maintaining a broad variety of land uses.
Arizona Department of Environmental Quality (ADEQ), Environmental Permits and Approvals
Near Learning Sites. http://www.azdeq.gOV/ceh/download/050713-1103.0.pdf
Establishes a procedure for reviewing permit applications and requesting plan approval for
operations which may impact learning sites to ensure that the protection of children at learning sites
is considered before a permit or plan approval is issued by ADEQ. SP
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ARKANSAS
Arkansas Code Annotated § 8-6-1501, Legislative intent (2008).
http://law.iustia.com/codes/arkansas/2010/title-8/chapter-6/subchapter-15/8-6-1501
Comprehensive and regionalized approach to solid waste management. SWF
Arkansas Code Annotated § 8-6-1504, Presumption against certain sites (2008).
http://law.iustia.com/codes/arkansas/2010/title-8/chapter-6/subchapter-15/8-6-1504
Addresses the permitting of the construction or operation of any high-impact solid waste
management facility. SWF
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CALIFORNIA
California Government Code § 65040
http://www.leginfo.ca.gov/cgi-bin/displavcode?section=gov&group=65001-66000&file=65040-
65040.14
Establishes that the Office of Planning and Research will serve the Governor and Cabinet as staff for
long-range planning and research, and constitute the comprehensive state planning agency.
California Public Resources Code § 71301
http://law.onecle.com/california/public-resources/71301.html
Addresses the development of environmental educational principles for elementary and secondary
school pupils.
California Public Resources Code § 44004
http://law.onecle.com/california/public-resources/44004.html
Addresses the permit process for existing and new solid waste facilities. SWF
California Health and Safety Code §§ 25400.10-25400.4
http://ca.regstodav.com/law/hsc/ca.regstodav.com/laws/hsc/calaw-
hsc DIVISION20 CHAPTER6p9pl.aspx
Addresses the requirements for the cleanup of hazardous chemicals. HWF
Senate Bill 375, 2007-2008 Session (California 2007).
http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb 0351-
0400/sb 375 bill 20080822 amended asm v87.html
Addresses the requirements for transportation planning activities. CM
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
Assembly Bill 2843, 2005-2006 Session (California 2006).
http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab 2801-
2850/ab 2843 bill 20060929 chaptered.pdf
Addresses the California Health and Safety code as it relates to communities of minority or low-
income populations. PH, DEM
California Governor's Office of Planning & Resources (OPR), Environmental Justice in State
Government (October 2003).
http://opr.ca.gov/docs/OPR El Report Oct2003.pdf
Provides a brief history of environmental justice, reports on the status ofOPR's efforts, and provides
an outline of environmental justice findings, goals and policies for future environmental justice
efforts within state government.
California Environmental Protection Agency, Environmental Justice Program Home Page.
http://www.calepa.ca.gov/Envlustice
California EPA website that details the agency's environmental justice policy and procedures.
California Environmental Protection Agency, California Air Resources Board, Policies and
Actions for Environmental Justice (2001).
http://www.arb.ca.gov/ch/programs/ei/eipolicies.pdf
Establishes a framework for incorporating environmental justice into the Air Resources Board's
programs consistent with the directives of state law. AIR
California Governor's Office of Planning & Resources, General Plan Guidelines.
http://opr.ca.gov/docs/General Plan Guidelines 2003.pdf
Serves as a valuable reference for cities and counties in the preparation of local general plans.
California Department of Transportation, Environmental Handbook, Volume I: Guidance for
Compliance.
http://www.dot.ca.gov/ser/voll/voll.htm
Outlines federal and state compliance and public participation.
California Energy Commission, Environmental Justice Frequently Asked Questions.
http://www.energv.ca.gov/public adviser/environmental justice faq.html
Website that provides information and links to environmental justice resources.
California Environmental Protection Agency, California Air Resources Board, Air Quality and
Land Use Handbook: A Community Health Perspective (2005).
http://www.arb.ca.gov/ch/handbook.pdf
Guide to air quality and land use issues focused on community health. AIR
California Land Use Planning Information Network, http://ceres.ca.gov/planning/
Links to all city and county zoning ordinances in the state.
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COLORADO
Colorado Department of Public Health and Environment and U.S. EPA Region 8, Colorado
Environmental Performance Partnership Agreement (FY2011-2012).
http://www.colorado.gov/cs/Satellite ?blobcol=urldata&blobheadernamel=Content-
Disposition&blobheadername2=Content-
Tvpe&blobheadervaluel=inline%3B+filename%3D%22Colorado+Environmental+Performance+
Partnership+Agreement.pdf%22&blobheadervalue2=application%2Fpdf&blobkev=id&blobtable
=MungoBlobs&blobwhere=1251807390280&ssbinarv=true
Documents the department's environmental program priorities and activities.
Colorado Department of Public Health and Environment, Final Agency- Wide Supplemental
Environmental Projects Policy, (Revised May 5, 2008).
https://www.colorado.gov/pacific/sites/default/files/DEHS SEP DeptPolicv.pdf
Details the policy that is an integral part of each environmental division's Enforcement and
Compliance Assurance Policy and procedures.
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
CONNECTICUT
Connecticut Department of Energy & Environmental Protection, Environmental Equity Policy.
http://www.ct.gov/dep/cwp/view.asp?a=2688&q=322376&depNav GID=1511
Details the policy that carries out its mission in a way that encourages the social and economic
development of the state while preserving the natural environment and the life forms it supports.
Connecticut Department of Energy & Environment, "The Environmental Equity Movement Fact
Sheet" (January 2013)
http://www.ct.gov/dep/cwp/view.asp?a=2709&q=324148&depNav GID=1643
Provides a summary of the policy and contact information for grantees.
Connecticut Department of Energy & Environmental Protection, Environmental Justice.
http://www.ct.gov/dep/cwp/view.asp?a=2688&q=322378&depNav GID=1511
Agency website dedicated to environmental justice policy and issues.
Connecticut Department of Energy & Environmental Protection, User's Guide to Environmental
Permits. http://www.ct.gov/dep/cwp/view.asp?a=2709&q=324232&depNav GID=1643
A series of fact sheets describing each of its permit programs to help permit applicants and others
understand the environmental permitting process.
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DELAWARE
Delaware Department of Natural & Environmental Resources, South Wilmington Special Area
Management Plan.
http://www.dnrec.delaware.gov/coastal/Documents/WilmSAMP/WetlandFunctAssessFINAL.pdf
A comprehensive plan for the revitalization of South Wilmington. Includes a focus on environmental
justice and land use planning.
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DISTRICT OF COLUMBIA
D.C. Municipal Regulations. Title 10. Comprehensive Plan.
http://www.dcregs. dc.gov/ Gatewav/TitleHome.aspx?TitleNumber=10-A
Details the comprehensive plan for the District of Columbia.
District of Columbia, Advisory Neighborhood Commissions, http://anc.dc.gov/
Considers a wide range of policies and programs affecting D.C. neighborhoods, including traffic,
parking, recreation, street improvements, liquor licenses, zoning, economic development, police
protection, sanitation and trash collection, and the District's annual budget.
District of Columbia, Office of Planning Revised Comprehensive Plan (2006).
http://planning.dc.gov/DC/Planning/Across+the+Citv/Comprehensive+Plan
A general policy document that provides overall guidance for future planning and development of the city.
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FLORIDA
Florida Revised Statute § 403.723(3) Siting of hazardous waste facilities.
http://www.flsenate.gov/Laws/Statutes/2012/403.723
Addresses the facilitation of the siting of proper hazardous waste storage facilities in each region
and any additional storage, treatment, or disposal facilities. HWF, SP
Florida Revised Statute § 376.78 Legislative intent.
http://www.flsenate.gov/laws/statutes/2012/376.78
Addresses the reduction of public health and environmental hazards on existing commercial and
industrial sites. PH
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GEORGIA
Georgia Code Annotated § 12-8-25. (4) Sites in certain counties within one-half mile of
adjoining county (2004). http://law.iustia.com/ codes/georgia/2010/title-12/chapter-8/e/part-
1/12-8-25
Addresses solid waste disposal facility in certain counties within one-half mile of adjoining county
and encourages cooperation between various counties. SWF
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
Georgia Code Annotated § 12-8-26(a). Public meetings on site selection; notice; decision
f20041. http://statutes.laws.com/georgia/title-12/chapter-8/article-2/part-l/12-8-26
Addresses the public meeting and notification requirements for solid waste disposal facility site
selection. SWF
Georgia Regional Transportation Authority, Regional Transit Action Plan (June 30, 2003).
http://www.grta.org/
Provides information regarding transit as it relates to environmental justice. CM
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HAWAII
Oahu Metropolitan Planning Organization, What is OMPO?
http://www.oahumpo.org/about-mpo/overview/
Responsible for coordinating transportation planning on Oahu. CM
Oahu Metropolitan Planning Organization, Environmental Justice in the OMPO Planning
Process: Defining Environmental Justice Populations (2004 update).
http://www.oahumpo.org/wp-content/uploads/2013/02/T6-EI OahuMPO.pdf
Details how the City of Oahu incorporated environmental justice in the OMPO planning process. SP
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IDAHO
Idaho Code § 39-3613. Creation of Basin Advisory Groups (West 2009).
http://www.legislature.idaho.gov/idstat/Title39/T39CH36SECT39-3613.htm
Addresses the creation of basin advisory groups for each of the state's major river basins.
Idaho Code § 39-3616. Duties of Each Watershed Advisory Group (West 2009).
http://www.legislature.idaho.gov/idstat/Title39/T39CH36SECT39-3616.htm
Outlines and details the responsibilities of the basin advisory groups.
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ILLINOIS
Illinois Compiled Statute 5/22.1 5a. Open Dumping Cleanup Program (2006).
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=041500050K22.15a
Addresses and details the preventive or corrective action necessary or appropriate to end the threat
to the environment and public health as it relates to open dumps. I/OD
Illinois Environmental Protection Agency (EPA), "Environmental Justice Policy."
http://www.epa.state.il.us/environmental-iustice/policv.html
Details Illinois policy that promotes environmental equity in the administration of its programs to
the extent it may do so legally and practicably.
Illinois Department of Transportation, Community Impact Assessment Manual, Section 2.4.
http://www.idot.illinois.gov/Assets/uploads/files/Doing-Business/Manuals-Guides-Si.-
Handbooks/Highways/Design-and-
Environment/Environment/CommunitvImpactAssessmentManual.pdf
Presents information to be used in socioeconomic or community impact assessment, identify data
sources, and aid in the evaluation of alternatives for transportation improvements. CM
Illinois EPA, Illinois Removes Illegal Dumps, Brochure.
http://www.epa.state.il.us/land/illegal-dumping/irid.html
Details the Illinois illegal dump policy and provides information on how to report illegal dumps.
I/OD
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INDIANA
Indiana Department of Environmental Management (DEM), Environmental Justice Policy
f20081. http://www.in.gov/idem/files/environmental justice policy A-008-OEA-08-P-R2.pdf
Policy to ensure that Indiana DEM and staff treat all members of the public equally and fairly in the
conduct of activities and decision-making processes within the agency's jurisdiction. MI/DM
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
KENTUCKY
Kentucky Revised Statute Annotated §§ 224.46-505, et seq. Legislative findings and statement
of policy, http://law.iustia.com/codes/kentuckv/2011/224-46/224-46-505
Details the legislation for the regulated handling, treatment, transportation, storage and disposal of
hazardous waste. CM
Kentucky Transportation Cabinet, Kentucky Highway Design Manual, at HD-402.
http://transportation.kv.gov/highwav-design/pages/highwav-design-manual.aspx
Establishes uniformity in the interpretation and administration of laws, policies, regulations and
procedures applicable to the operation of the Division of Highway Design.
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LOUISIANA
Louisiana Revised Statute Annotated § 30:2011.2. Environmental Justice (West 2003).
http://www.legis.state.la.us/lss/lss.asp?doc=87041
Outlines a study to examine the relationship between the emission of air pollutants and the
discharge of wastes by facilities located in or near residential areas. SWF, AIR
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MAINE
Maine Revised Statute, § 4324(3). Responsibility for Growth Management; Citizen Participation
f20011. http://law.iustia.com/codes/maine/2012/title30a/chapterl87/section4324
Addresses citizen participation in the development of a growth management program,
municipalities or multi-municipal regions may adopt growth management programs. MI/DM
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MARYLAND
Executive Order Number 01.01.2001.01, "Commission on Environmental Justice and
Sustainable Communities" (Mar. 9, 2001), reprinted in 28-7 Maryland Regulation 674 (Apr. 6,
2001"). http://www.dsd.state.md.us/co mar/ getfile.aspx?file=0 1.0 1.200 1.0 l.htm
Establishes a Commission on Environmental Justice and Sustainable Communities.
Maryland House Joint Resolution 6, 2000 Leg., 414th Session (Maryland 2000)
http://mgaleg.marvland.gov/2000rs/fnotes/bil 0006/hi0006.PDF
Addresses environmental justice concerns within Anne Arundel County due to its high cancer
mortality rate. PH
Maryland Code Annotated, Environmental § 1-602(B). Public Participation in Permitting
Process (2009).
http://www.epa.gov/reg3wcmd/RCRA State Star/md/authorization/prOl/md prOl stats acm
1996andl999supp.pdf
Addresses the public participation and notification requirements for the permitting process of waste
disposal facilities. PO, SWF
Maryland Department of Environment, Environmental Performance Partnership Agreement.
http://www.mde.state.md.us/aboutmde/DepartmentalReports/Pages/aboutmde/reports/partn
ershipagree.aspx Documents the department's environmental program priorities and activities.
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MASSACHUSETTS
Executive Office of Environmental Affairs, Environmental Justice Policy (Issued Oct. 9, 2002).
http://www.mass.gov/eea/grants-and-tech-assistance/environmental-iustice-policv.html
Provides information and details regarding the state environmental justice policy.
Massachusetts Office of Geographic and Environmental Information, MassGIS News Item.
http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application-serv/office-of-
geographic-information-massgis/
Comprehensive statewide database of spatial information for mapping and analysis. CIS
Solid Waste Master Plan: 2006 Revision (June 2006).
http://www.mass.gov/eea/docs/dep/recvcle/priorities/swmprev.pdf
Revisions and updates to Beyond 2000 Solid Waste Master Plan (Beyond 2000 Plan).
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
Revisions to the Facility Site Assignment Regulations (implemented on June 8, 2001).
http://www.mass.gov/eea/agencies/massdep/recYcle/regulations/310-cmr-16-000.html
See Massachusetts Department of Environmental Protection, Final Amendments to 310 CMR 16.00:
Site Assignment Regulations. SP
Smart Growth / Smart Energy Toolkit, Advancing Environmental Justice in the
Commonwealth, http://www.mass.gov/envir/smart growth toolkit/pages/mod-ei.html
Provide guidance to municipalities and developers on how to better engage environmental justice
populations in the planning and development process. MI/DM
Massachusetts Department of Conservation and Recreation, Urban Forestry Environmental
Justice Pilot Grant Program, Application Guidelines.
http://www.mass.gov/eea/docs/dcr/stewardship/forestrv/urban/docs/urban-forestrv-ei-pilot-
grant-program.doc
Details the grant program with the goals of advancing environmental equity, improving
environmental quality, and building local capacity for urban and community forestry.
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MICHIGAN
Michigan Department of Environmental Quality, Environmental Justice Working Group.
Executive Directive 2007-23. http://www.michigan.gov/documents/deq/deq-ei-ExecDirective-
2007-23 248346 7.pdf
Establishes a working group to promote environmental justice issues.
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MINNESOTA
Minnesota Statute § 116.07. Powers and Duties; Permits, Hazardous Waste Facilities (2008).
https://www.revisor.mn.gov/statutes/?id= 116.07
Addresses the permitting and siting process of hazardous waste facilities. SP
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MISSISSIPPI
Executive Order MJF 98-1, Mississippi River Corridor Task Force (January 7, 1998).
http://doa.louisiana.gov/osr/other/mjf99-8.htm
Establishes and details the responsibilities of the Mississippi River Corridor Task Force. CM
Mississippi Code Annotated § 17-17-151 (4). Demonstration of need by applicants for permits
to operate commercial hazardous waste management facilities (2008).
https://law.resource.org/pub/us/code/ms/ms.xml.2010/2010/title-17/17/17-17-
151/index.html
Addresses the application and permitting process for the siting and operation of commercial
hazardous waste management facilities. SP
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MISSOURI
Missouri Department of Natural Resources, Fiscal Year 2000 Integrated Strategic Plan.
http://www.dnr.mo.gOV/s plan/fv2000/issue 4.htm
Documents the department's environmental program priorities and activities.
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MONTANA
Montana Code Annotated § 75-20-102. Policy and Legislative Findings, Montana Major Facility
Siting Act f 20111 http://leg.mt.gov/bills/mca/75/20/75-20-102.htm
Details the legislation regarding the Montana Major Facility Siting Act. SP
Montana Code Annotated § 75-20-104. Definitions, Montana Major Facility Siting Act (2011).
http://leg.mt.gov/bills/mca/75/20/75-20-104.htm
Details the definitions and information as it relates to the Montana Major Facility Siting Act. SP
Montana Code Annotated § 75-20-232. Criteria for Identifying Proposed Facilities that Qualify
for Expedited Review, http://codes.lp.findlaw.eom/mtcode/75/20/2/75-20-232
Addresses the department's responsibility to make significance determinations of the impacts
associated with a proposed facility. SP
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
NEW JERSEY
Governor Jon S. Corzine, Governor of New Jersey, Executive Order 131. Environmental Justice.
http://www.state.ni.us/infobank/circular/eoiscl31.htm
Outlines the State of New Jersey's responsibility for addressing environmental justice.
New Jersey Department of Environmental Protection, Environmental Justice Task Force
Advances Petitions to Address Community Environmental and Public Health Concerns
f20051. http://www.state.ni.us/dep/newsrel/2005/05 0083.htm
Petition to address environmental and public health concerns raised by residents in Ringwood,
Newark and Linden.
New Jersey Department of Transportation, Context Sensitive Design, A community-based
approach to transportation. http://www.ni.gov/transportation/eng/CSD/
Details the state transit approach as it relates to environmental justice. CM
New Jersey Department of Transportation, Environmental Justice Guidelines.
http://www.state.ni.us/transportation/eng/documents/DPPD/pdf/Environmental Justice Asses
ment Guideline.pdf
Details the state environmental justice regulations and guidelines.
New Jersey Department of Transportation, Civil Rights/ Affirmative Action, Environmental
Justice, http://www.state.ni.us/transportation/business/civilrights/ei.shtm
Details the effort to address the interests and concerns of low-income and minority populations in
transportation planning and project development that parallels the intent of Executive Order 12898.
New Jersey Department of Transportation, 2030 New Jersey Statewide Long-Range
Transportation Plan, Potential 2030 Goals, Objectives, and Performance Indicators (2005).
http://www.state.ni.us/transportation/works/nichoices/pdf/GoalsObiectivesIndicators.pdf
Provides information about the New Jersey statewide transportation plan, including how it relates to
environmental justice. CM
New Jersey Department of Environmental Protection, Camden Waterford South Air Toxics
Pilot Project, http://www.state.ni.us/dep/ei/camden/
Details the pilot project, including the development of tools that can be used to quickly assess air
quality (especially air toxics) problems in a community. AIR
New Jersey Department of Environmental Protection, Paterson City - Compliance and
Enforcement Sweep, http://www.state.ni.us/dep/enforcement/paterson/paterson.html
Details the mobilization and investigations of the Paterson City compliance and enforcement sweep.
New Jersey Department of Environmental Protection, Camden City Initiative.
http://www.ni.gov/dep/enforcement/camden.html
Details the mobilization and investigations of the Camden City compliance and enforcement sweep.
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NEW MEXICO
"Environmental Justice Executive Order," Executive Order 2005-056 (November 18, 2005).
http://www.nmenv.state.nm.us/Iustice/EO 2005 056.pdf
Outlines the State of New Mexico's responsibilities for addressing environmental justice.
New Mexico Administrative Code § 20.9.2.7. Recycling and Illegal Dumping, Definitions (2007).
http://www.nmenv.state.nm.us/swb/pdf/RAID%20rules%20draft%2008-21-06%20filed.pdf
Addresses the eligibility criteria for the Recycling and Illegal Dumping Fund as it relates to
transporting, processing, storage, recycling, use, abatement and generation of scrap tires. I/OD
New Mexico Administrative Code § 20.9.3.8 (D)(2). Solid Waste Facility Permits and
Registrations, Permit Application Requirements (2007).
http://www.nmcpr.state.nm.us/nmac/parts/title20/20.009.0003.pdf
Addresses permit requirements regarding the transportation, storage, transfer, processing,
transformation, recycling, composting, nuisance abatement and disposal of solid waste. CM
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
New Mexico Environment Department, Environmental Justice Listening Sessions Final Report
f20041. http://www.nmenv.state.nm.us/Iustice/Reports/NMEDFinalReport-Dec07-04.pdf
Details the extent and nature of environmental justice concerns in New Mexico.
New Mexico Environment Department, NMED releases Solid Waste Regulation Revisions with
Historic Environmental Justice Provisions, (April 5, 2006).
http://www.nmenv.state.nm.us/OOTS/PR/SW%20EI%20Provisions%20PR.pdf
Addresses impacts to underserved communities through formal, state government policies.
New Mexico, Opinion of the Attorney General 08-03 (citing Colonias Development Council vs.
Rhino Environmental Services, Inc., 138 New Mexico 133, 117 P.3d 939) (2005)
Addresses the requirements of agencies promulgating regulations to consider public input as it
relates to environmental justice. MI/DM
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NEW YORK
New York State Department of Environmental Conservation (NYDEC), Recommendations for
the New York State Department of Environmental Conservation Environmental Justice
Program (2002). http://www.dec.nv.gov/docs/permits ei operations pdf/eifinalrpt.pdf
Recommendations for how environmental justice can be incorporated into permit review, State
Environmental Quality Review Act procedures, and some components of the NYDEC enforcement,
public participation and grants programs. SP
New York State Department of Environmental Conservation, Environmental Justice and
Permitting. DEC Policy, http://www.dec.nv.gov/docs/permits ei operations pdf/eipolicv.pdf
Assists NYDEC staff, the regulated community and the public in understanding the requirements and
review process. SP
New York State Department of Environmental Conservation, Environmental Justice
Interagency Task Force: Draft Recommendations (June 10, 2009).
http://www.dec.nv.gov/docs/permits ei operations pdf/drftplneiintertskfrce.pdf
Recommendations for the development of policies and actions that embrace environmental justice
principles and work towards environmental equity.
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NORTH CAROLINA
North Carolina General Statute § 153A-136(c). Regulation of Solid Wastes (2005).
http://law.onecle.com/north-carolina/153a-counties/153a-136.html
Addresses regulations that require the review of alternative sites and socioeconomic/demographic
data, and a public hearing prior to selecting or approving a site for a new sanitary landfill. DEM/SP
North Carolina Department of Environment and Natural Resources (DENR), Cumulative and/or
Secondary Impacts Evaluation Process for Department Level Projects.
http://portal.ncdenr.0rg/c/document librarv/get file?uuid=04dcde6d-8cOb-48eO-8194-
2bc6221253bO&groupId=38355
Creates a system for DENR to evaluate cumulative and/or secondary impact (CSI) information as
part of the State Environmental Protection Act or environmental permit requirements.
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OREGON
Oregon Revised Statute § 195.305. Land Use Regulations (Amended 2013).
https://www.oregonlegislature.gov/bills Iaws/lawsstatutes/2013orsl95.html
Addresses legislation related to just compensation for changes to industrial zoning. IND
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PENNSYLVANIA
Pennsylvania Department of Environmental Protection, Environmental Justice Work Group
Report to the Pennsylvania Department of Environmental Protection (2001).
http://files.dep.state.pa.us/PublicParti cipation/Office%20of%20Environmental%20Advocacv/E
nvAdvocacvPortalFiles/2013/Environmental Justice Work Group lune 2001.pdf
Analysis and recommendations of Pennsylvania's environmental justice policy.
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
RHODE ISLAND
Rhode Island General Laws § 23-19. 14-5(a). Environmental Equity and Public Participation
f20031. http://www.lawserver.com/law/state/rhode-island/ri-
laws/rhode island general laws 23-19-14-5
Requires agencies to consider what effects cleanups will have on the populations surrounding a site and
consider the issues of environmental equity for low income and racial minority populations. DEM, SWF
Rhode Island General Laws § 23-19-13.4. Host community assessment committee; Definition;
Funding: Powers and duties (2003). http://www.lawserver.com/law/state/rhode-island/ri-
laws/rhode island general laws 23-19-13-4
Addresses the community notification process as it relates to solid waste disposal licenses. SWF
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UTAH
Utah Department of Environmental Quality, Division of Solid and Hazardous Waste RCRA
Program, Performance Partnership.
http://www.deq.utah.gov/Admin/Planning/PPA/docs/2005/Sep/2005%20DSHW-GOALS-
FINAL.pdf
Documents the department's environmental program priorities and activities.
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VERMONT
Vermont Agency of Natural Resources, Environment 2001, "Waste."
http://www.anr.state.vt.us/anr/envrpts/Env01/waste.htm
Provides information on environmental risk, environmental justice and state regulations.
Vermont Environmental Conservation, Performance Partnership Agreement 2007-2009.
http://www.anr.state.vt.us/dec/epappa/PPA2007-2009/Final PPA 2007 to 2009.pdf
Documents the department's environmental program priorities and activities.
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VIRGINIA
Virginia Code Annotated § 10.1 - 1408.1 etseq, Virginia Waste Management Act.
http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+10.1-1408.1
Addresses the application, notification, selection and siting process of sanitary landfills or other
facilities for the disposal, treatment or storage of non-hazardous solid waste. SWF
Virginia Code Annotated § 67-201(d). Development of the Virginia Energy Plan.
http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+67-201
Establishes theplanfor Virginia to develop a comprehensive energy plan covering a 10-year period
that is consistent with the objectives in the Commonwealth Energy Policy.
Executive Summary, Joint Legislative Audit and Review Commission of the Virginia General
Assembly, Solid Waste Facility Management in Virginia: Impact on Minority Communities
(January 1995).
http://leg2.state.va.us/dls/h&sdocs.nsf/4d54200d7e28716385256ec!004f3130/b9bdf4f9e5dd5
82e8525616a006fl778?OpenDocument
Details whether a pattern of discrimination has developed in the process for siting and monitoring
solid waste facilities which disproportionately exposes minorities to health risks. SP, SWF
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WASHINGTON
Washington Administrative Code § 463-60-101. General - Consultation (2004).
http://apps.leg.wa.gov/WAC/default.aspx?cite=463-60-101
Addresses the requirements for pre-application consultation and public notification and involvement MI/DM
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WEST VIRGINIA
West Virginia Department of Environmental Protection (WVDEP), Permit Hearings and Appeals
Guide, http://www.dep.wv.gov/environmental-
advocate/Documents/Permit%20Hearings%20and%20Appeals%20Guide.pdf
Details WVDEP's policies on public notification and public participation. MI/DM
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Environmental Justice in Land Use Planning
State Resources
State Executive Orders, Legislation, and Resources
Organized alphabetically by state.
WYOMING
Wyoming Statute Annotated § 35-12-104 Industrial Development Information and Siting Act
f20041.http://legisweb.state.wv.us/statutes/statutes.aspx?file=titles/Title35/T35CH12.htm
Addresses the siting process for industrial facilities. SP, IND
Wyoming Department of Environmental Quality, Welcome to Industrial Siting.
http://deq.state.wy.us/isd/isdcouncil.htm
Reviews the socio-economic and environmental impacts of industrial facilities before issuing a
permit for construction. SP
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Environmental Justice in Land Use Planning
Local Resources
Local Ordinances and Resources
Organized alphabetically.
City of Cincinnati, Ohio, Environmental Justice Ordinance (June 24, 2009).
http://www.vorvsenergv.com/uploads/file/26337.pdf
First local ordinance in the nation to require an environmental justice permit for new or expanding
industrial facilities, which must demonstrate they will not cause health problems to the community.
SP
City of Cincinnati, Ohio, Office of Environment and Sustainability.
http://www.cincinnati-oh.gov/oes/
City website provides information about the implementation of the city's Environmental Justice
Ordinance.
City of Columbus, Georgia, Planning Department, Environmental Justice.
http://www.columbusga.org/planning/transportation/Environmental-Iustice/
City website defines environmental justice, noting that federally-funded transportation programs
must consider effects on minority and low-income communities.
District of Columbia, Comprehensive Plan.
http://planning.dc.gov/DC/Planning/Across+the+Citv/Comprehensive+Plan
Addresses environmental justice through monitoring of environmental impacts, zoning changes,
mitigation of impacts through buffering/sound walls and outreach to disadvantaged communities.
BU
District of Columbia, Office of Enforcement and Environmental Justice.
http://green.dc.gov/service/fines-and-tickets-office-enforcement-and-environmental-iustice
Seeks to ensure that low-income, minority and non-English speaking residents have meaningful
opportunities to participate in environmental decision making. MI/DM
City of Hartford, Connecticut, Your Health and Your Environment.
http://hartford.gov/hhs
City website addresses lead poisoning, asthma, air quality, open space, brownfields and
environmental justice. PH
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Environmental Justice in Land Use Planning
Local Resources
Local Ordinances and Resources
Organized alphabetically.
City of Jacksonville, Florida, Brownfields Coalition.
http://www.coi.net/Departments/Planning-and-Development/Communitv-Planning-
Division/Brownfields-Program/Brownfields-Coalition.aspx
Environmental justice working group focused on public outreach in the City of Jacksonville. PO
City of Philadelphia, Pennsylvania, Department of Public Health, Environmental Justice
Policy.
http://www.phila.gov/health/pdfs/airmanagement/Environmental%20 Justice Brochure.pdf
Calls for fair treatment and participation of all groups when developing, implementing and
enforcing environmental laws; modeled after the Pennsylvania Department of Environmental
Protection Policy No. 012-0501-002. MI/DM
City of San Francisco, California, Department of the Environment, Environmental Justice.
http://www.sfenvironment.org/education-equitv/environmental-justice
City program promotes meaningful involvement of all groups when making decisions related to land
use, renewable energy, reduction of greenhouse gases, air quality and food availability. MI/DM
City of Seattle, Washington, Executive Order 05-08.
http://www.seattle.gov/civilrights/Documents/TITLE-VI-PLAN-5-28-14.pdf
Requires greater public outreach to ethnic and culturally diverse communities. PO
Seattle Public Utilities, Environmental Justice Network in Action.
http://www.seattle.gov/util/AboutUs/SPUandtheCommunitv/Environmental lustice/index.htm
Alliance between utility and community-based organizations, to promote environmental justice
related to facilities needed for waste removal, recycling and water and sewer systems.
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