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ARTICLE · 27 NOVEMBER 2023

EJ Evolution: EPA Issues Draft Revision Of Technical Guidance For Assessing Environmental Justice In Regulatory Analysis

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The Environmental Protection Agency recently issued draft guidance updating how agencies are to evaluate environmental justice (EJ) concerns when undertaking...

United StatesEnergy and Natural Resources
Emily von Qualen
Emily von Qualen
Amy Tomlinson
Amy Tomlinson
Clare Bienvenu
Clare Bienvenu
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The Environmental Protection Agency recently issued draft guidance updating how agencies are to evaluate environmental justice (EJ) concerns when undertaking regulatory actions, entitled "Technical Guidance for Assessing Environmental Justice in Regulatory Analysis" (the "Guidance"). This 130-page document outlines analytic expectations and technical approaches that can be used by agency analysts in such an evaluation.

The draft revision updates and expands on EPA's original guidance issued in 2016. The draft guidance addresses scientific advancements, peer-reviewed Agency guidance, and the Biden administration's new priorities, policies, and direction on EJ by incorporating Executive Order 14096. The draft guidance highlights early integration of EJ in the rulemaking process and provides approaches for using analytics to ensure EJ concerns are addressed as regulatory actions are developed.

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