Environmental Justice: The Evolution Of A New Federal Regulatory Program

Environmental justice, as a policy priority of the federal government, dates back to 1994 and President Clinton's issuance of Executive Order (E.O.) 12898.¹ This order directed federal agencies to identify and address, as appropriate, "the disproportionately high and adverse human health and environment effects of its many programs, policies, and procedures on minority populations and low-income populations."² E.O. 12898 supplemented E.O. 12250 (1980) whose primary legal basis was Title VI of the Civil Rights Act of 1964, in particular, §§ 601 and 602, which prohibit discrimination in programs and activities receiving federal financial aid and assistance.³ Now, two new E.O.s issued by President Biden have placed more emphasis on "environmental justice" and how to address its implications.