Earth Protect Blog

•Deepen the Biden-Harris Administration’s whole-of-government commitment to environmental justice. The new Executive Order makes clear that the pursuit of environmental justice is a duty of all executive branch agencies and should be incorporated into their missions. It also affirms that environmental justice is central to the implementation of our bedrock civil rights and environmental laws.

•Better protect overburdened communities from pollution and environmental harms. The Executive Order directs agencies to consider measures to address and prevent disproportionate and adverse environmental and health impacts on communities, including the cumulative impacts of pollution and other burdens like climate change. Additionally, it requires agencies to notify nearby communities in the event of a release of toxic substances from a federal facility, and to hold a public meeting to share information on resulting health risks and necessary precautions.

•Strengthen engagement with communities and mobilize federal agencies to confront existing and legacy barriers and injustices. Communities with environmental justice concerns have long experienced exclusion and other significant barriers to having a voice in federal decision-making. The Executive Order recognizes this reality and that racism is a fundamental driver of environmental injustice. It directs agencies to actively facilitate meaningful public participation and just treatment of all people in agency decision-making. The Executive Order also underscores the vital importance of Tribal consultation and coordination, including to strengthen nation-to-nation relationships on issues involving environmental justice.

•Promote the latest science, data, and research, including on cumulative impacts. The Executive Order directs agencies to identify and address gaps in science, data, and research related to environmental justice, to advance the analysis of cumulative impacts, and to make information on environmental and health concerns more publicly accessible to communities. To address the need for a coordinated strategy for identifying and filling environmental justice data and research gaps, the Executive Order establishes a new Environmental Justice Subcommittee within the National Science and Technology Council, led by the Office of Science and Technology Policy.

•Expand interagency coordination and launch a new Office of Environmental Justice within the White House Council on Environmental Quality. Building on Executive Order 14008, the Executive Order adds agencies to the White House Environmental Justice Interagency Council to further a whole-of-government strategy to address current and historic environmental injustice. The Executive Order also establishes the White House Office of Environmental Justice, led by the Federal Chief Environmental Justice Officer, and tasks it with coordinating the implementation of environmental justice policy across the federal government, ensuring that federal efforts can evolve alongside our understanding of environmental justice.

•Increase accountability and transparency in federal environmental justice policy. The Executive Order charges federal agencies with conducting new assessments of their environmental justice efforts and developing, implementing, and periodically updating an environmental justice strategic plan. These Environmental Justice Strategic Plans and Assessments will be submitted to the White House Council on Environmental Quality (CEQ) and made public on a regular basis, including through the Environmental Justice Scorecard, a new government-wide assessment of federal agencies’ efforts to advance environmental justice.

•Honor and build on the foundation of ongoing environmental justice work. Under the Executive Order, agencies will continue their efforts to advance environmental justice in ways that complement and deepen prior work. The Executive Order uses the term “disproportionate and adverse” as a simpler, modernized version of the phrase “disproportionately high and adverse” used in Executive Order 12898. Those phrases have the same meaning, but removing the word “high” eliminates potential misunderstanding that agencies should only be considering large disproportionate effects.

This action follows through on President Biden’s promise to modernize and  improve how the federal government confronts environmental injustice to address the needs of present and future generations – a promise he made following meaningful engagement with communities with environmental justice concerns and solidified in Executive Order 14008, Tackling the Climate Crisis at Home and Abroad. The Executive Order reflects the values, goals, and recommendations of the White House Environmental Justice Advisory Council (WHEJAC), an expert body of leaders, researchers, practitioners, and community members. In line with the WHEJAC’s recommendations, the Executive Order outlines an ambitious approach to environmental justice that is informed by scientific research, high-quality data, and meaningful engagement with communities. It also reaffirms that the federal government must continue to be transparent and accountable for its actions.

The Executive Order builds on and supplements the foundational efforts of Executive Order 12898, signed by President Bill Clinton nearly 30 years ago. For the first time in our nation’s history, Executive Order 12898 recognized and sought to address what community members and leaders had been saying for decades: harmful pollution disproportionally impacts low-income communities and communities of color, among other vulnerable communities.

In addition to the Executive Order, today the Biden-Harris Administration is announcing other new steps to further the President’s historic commitment to environmental justice: