Executive Orders issued since President Trump’s inauguration have eliminated all federal programs relating to environmental justice (EJ), including at EPA. Nevertheless, the need to assess potential cumulative impacts will continue where permits, commercial/industrial development, or regulatory decisions may impact vulnerable communities because:
- At least a dozen states have laws requiring Cumulative Impact Assessment (CIA), usually related to permitting, where potential impact on vulnerable communities exists. Each state has its own way to identify such communities, and a wide variety of guidance on how to prepare a CIA. To date, the following states have CIA or “EJ Assessment” requirements:
- Prepared by applicant: Colorado, Connecticut, Illinois, Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania (pending)
- Prepared by agency: Arizona, California, Delaware, Hawaii, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington
- Citizen groups have pledged to fight for EJ, including requiring CIA for vulnerable communities affected by EJ issues. Many of these groups are well funded, with substantial legal staff. Some see using EJ and CIA to eliminate, stop, or delay industrial development. A well-designed CIA may result in community acceptance and health improvement, avoiding delays, or can be done in support of litigation.
- Our industry clients have indicated that, as a proactive collaborative planning tool, a properly managed and executed CIA may reduce project or permit delays created by community concerns, resistance, or litigation.
Over the past five years, ToxStrategies has been working at the forefront of CIA, including when applied to vulnerable populations. ToxStrategies’ streamlined approach to CIA may be a proactive solution for working with states and communities to meet their requirements. Our experience includes understanding and developing quantitative CIA methods based on best science, developing and implementing tools to help stakeholder groups collaboratively visualize the interaction of factors influencing impacts (chemical and non-chemical), and conducting epidemiological studies of health impacts to vulnerable communities.
We would be happy to share our knowledge and experience with you through a “lunch and learn” webinar or other discussion format on:
- Key CIA elements, and current practices and limitations
- State plans to incorporate CIA into permitting and decision processes
- Examples and critiques of flawed CIAs or “EJ Assessments” that have been developed to support decisions
- How a CIA may be accomplished in a streamlined fashion, reducing potential conflict, and focusing on timely solutions
More information regarding our CIA expertise is available on our website and service page. Please let me know if you are interested in learning more. We’d be happy to set up a webinar or other discussion for your firm or your clients.