Environmental Justice

Key Resources for Building 

a Community of Practice 

for Local Use Planning

EPA 231-F-14-003

November 2014

2014
2

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 
3

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 EJ 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 
4

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 

(“”) 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 
5

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, 

rot or 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
7

Environmental Justice in Land Use Planning

Academic Resources (Articles and Books)

Organized in chronological order, starting with the most recent document.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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 (2010). http://papers.ssrn.com/sol3/papers.cfm?abstract_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 

Journal 43 (2009-10). http://wings.buffalo.edu/law/belj/archive.htm#17

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/symposium/2010/pdf/bullard1.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 

(2008). http://ulpdx.pbworks.com/f/EJ_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_Justice.html?id=ZYGOnNPIDgC

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=scholarlyworks

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=scholarlyworks

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

  
8

Environmental Justice in Land Use Planning

Academic Resources (Articles and Books)

Organized in chronological order, starting with the most recent document.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

Patricia E. Salkin & Amy Lavine, Understanding Community Benefits Agreements, The 

Practical Real Estate Lawyer (July 2008). http://files.aliaba.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://communitywealth.org/content/understanding-community-benefit-agreements-opportunities-and-trapsdevelopers-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.cfm?abstract_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-environmentaljustice-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 at special risk.

 

Suellen T. Keiner, The Next Frontier: Land-Use Planning and Environmental Justice, in

Current Trends & Practical Strategies in Land Use Law & Zoning, ABA-TPSLUZ Chapter 6 

(2005). http://www.worldcat.org/title/current-trends-and-practical-strategies-in-land-use-lawand-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.albanylaw.edu/glc/publications/glo/Documents/Environmental%20Justice%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.

    
9

Environmental Justice in Land Use Planning

Academic Resources (Articles and Books)

Organized in chronological order, starting with the most recent document.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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_vol30_

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/researchreport/citizens-guide-using-federal-environmental-laws-secure-environmental-justice

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.cuny.edu/deannss/geography/publications/JLME_Maantay.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, 21 Virginia 

Environmental Law Journal 71 (2002). http://www.velj.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/researchreport/opportunities-advancing-environmental-justice-analysis-us-epa-statutory-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. 

  
10

Environmental Justice in Land Use Planning

Academic Resources (Articles and Books)

Organized in chronological order, starting with the most recent document.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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=journals&handle=hein.journals/fclj2&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-analysis/30/10395/land-use-regulation-and-environmental-justice

Explores the relationship between environmental justice and land use regulation and planning—a 

relationship that lawyers, 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=journals&handle=hein.journals/jnatrenvl15

&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://litigationessentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid

=23+Vt.+L.+Rev.+453&srctype=smi&srcid=3B15&key=c589fc305348a7af3913750c35af1a3b

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://litigationessentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=5

0+Mercer+L.+Rev.+1155&srctype=smi&srcid=3B15&key=1d9cc02f82e7316fa21681f1e97d033c

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 (1998). http://papers.ssrn.com/sol3/papers.cfm?abstract_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://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1059&context=crsj

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.berkeley.edu/cgi/viewcontent.cgi?article=1579&context=californialawrev

iew

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

  
11

Environmental Justice in Land Use Planning

Academic Resources (Articles and Books)

Organized in chronological order, starting with the most recent document.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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/journal/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 

(1997). http://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1199&context=elj

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=Kp4NAAAAYAAJ

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://litigationessentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid

=16+N.+Ill.+U.+L.+Rev.+639&srctype=smi&srcid=3B15&key=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-reporton-the-racial-and-socioeconomic-characteristics-of-communities-with-hazardous-wastesites/oclc/301710871

An update of the 1987 report on 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.

 
12

Environmental Justice in Land Use Planning

Academic Resources (Articles and Books)

Organized in chronological order, starting with the most recent document.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

Robert D. Bullard, Race and Environmental Justice in the United States, 18 Yale Journal of 

International Law 319 (1993). http://yale.edu/glc/aces2/18YaleJIntlL319.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=journals&handle=hein.journals/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 

(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/d48t13/121648.pdf

Provides information on the racial and economic characteristics of communities surrounding four 

hazardous waste landfills in three southeastern states. DEM

 
13

Environmental Justice in Land Use Planning

Federal Resources 

Federal Executive Orders, Legislation and Resources

Organized by executive order and memorandums, legislation and other resources.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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/ej/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.presidency.ucsb.edu/ws/index.php?pid=49639&st=&st1

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/environmentaljustice/resources/publications/interagency/ej-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.

 

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.

 

Federal Resources

U.S. Environmental Protection Agency, Plan EJ (2014). 

http://www.epa.gov/compliance/environmentaljustice/plan-ej/index.html

Roadmap for 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/equitabledev/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://epamap14.epa.gov/ejmap/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/fdsys/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


14

Environmental Justice in Land Use Planning

Federal Resources 

Federal Executive Orders, Legislation and Resources

Organized by executive order and memorandums, legislation and other resources.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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/fdsys/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/envjust/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/ej/resources/reports/annual-project-reports/napa-land-usezoning-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/ej/resources/publications/nejac/integration-ej-federalprograms-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/environmentaljustice/resources/policy/ej_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/environmentaljustice/resources/policy/ej_guidance_nepa_epa

0498.pdf

Guidance intended to improve the internal management of EPA with respect to environmental 

justice under. NEPA

 
15

Environmental Justice in Land Use Planning

Federal Resources 

Federal Executive Orders, Legislation and Resources

Organized by executive order and memorandums, legislation and other resources.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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/ej/resources/policy/ej_guidance_nepa_ceq1297.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 (1992). http://www.epa.gov/environmentaljustice/resources/reports/annualproject-reports/reducing_risk_com_vol1.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/d48t13/121648.pdf

Provides information on the racial and economic characteristics of communities surrounding four 

hazardous waste landfills in three southeastern states. DEM, HWF

 

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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/ejreport-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.jsu.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 § 22-30-5.1(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.com/alcode/22/1/30/22-30-5.1

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.com/alcode/22/1/30/22-30-12

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.com/alcode/22/1/22A/22-22A-6

Creates and details the responsibilities of a seven member Environmental Management Commission 

of the Alabama Department of Environmental Management.


16

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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. GM



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

 

ARIZONA

Arizona Revised Statute § 9-461.05(e) General Plans (1996). 

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/9/00461-

05.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

 

ARKANSAS

Arkansas Code Annotated § 8-6-1501, Legislative intent (2008). 

http://law.justia.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.justia.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

 

CALIFORNIA

California Government Code § 65040

http://www.leginfo.ca.gov/cgi-bin/displaycode?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.regstoday.com/law/hsc/ca.regstoday.com/laws/hsc/calawhsc_DIVISION20_CHAPTER6p9p1.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. GM


17

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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 lowincome populations. PH, DEM



California Governor’s Office of Planning & Resources (OPR), Environmental Justice in State 

Government (October 2003). 

http://opr.ca.gov/docs/OPR_EJ_Report_Oct2003.pdf

Provides a brief history of environmental justice, reports on the status of OPR'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/EnvJustice

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/ej/ejpolicies.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/vol1/vol1.htm

Outlines federal and state compliance and public participation. 

 

California Energy Commission, Environmental Justice Frequently Asked Questions. 

http://www.energy.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.  

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&blobheadername1=ContentDisposition&blobheadername2=ContentType&blobheadervalue1=inline%3B+filename%3D%22Colorado+Environmental+Performance+

Partnership+Agreement.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable

=MungoBlobs&blobwhere=1251807390280&ssbinary=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_DeptPolicy.pdf

Details the policy that is an integral part of each environmental division’s Enforcement and 

Compliance Assurance Policy and procedures.


18

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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.



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.

   

DISTRICT OF COLUMBIA

D.C. Municipal Regulations. Title 10. Comprehensive Plan.

http://www.dcregs.dc.gov/Gateway/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+City/Comprehensive+Plan

A general policy document that provides overall guidance for future planning and development of the city.

 

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



GEORGIA

Georgia Code Annotated § 12-8-25. (4) Sites in certain counties within one-half mile of 

adjoining county (2004). http://law.justia.com/codes/georgia/2010/title-12/chapter-8/e/part1/12-8-25

Addresses solid waste disposal facility in certain counties within one-half mile of adjoining county 

and encourages cooperation between various counties. SWF

 
19

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

Georgia Code Annotated § 12-8-26(a). Public meetings on site selection; notice; decision

(2004). http://statutes.laws.com/georgia/title-12/chapter-8/article-2/part-1/12-8-26

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. GM



HAWAII

Oahu Metropolitan Planning Organization, What is OMPO?

http://www.oahumpo.org/about-mpo/overview/

Responsible for coordinating transportation planning on Oahu. GM



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-EJ_OahuMPO.pdf

Details how the City of Oahu incorporated environmental justice in the OMPO planning process. SP

  

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.



ILLINOIS

Illinois Compiled Statute 5/22.15a. 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-justice/policy.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-&-

Handbooks/Highways/Design-andEnvironment/Environment/CommunityImpactAssessmentManual.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. GM

  

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



INDIANA

Indiana Department of Environmental Management (DEM), Environmental Justice Policy

(2008). 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

  
20

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

KENTUCKY

Kentucky Revised Statute Annotated §§ 224.46-505, et seq. Legislative findings and statement 

of policy. http://law.justia.com/codes/kentucky/2011/224-46/224-46-505

Details the legislation for the regulated handling, treatment, transportation, storage and disposal of 

hazardous waste. GM



Kentucky Transportation Cabinet, Kentucky Highway Design Manual, at HD-402. 

http://transportation.ky.gov/highway-design/pages/highway-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.



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



MAINE

Maine Revised Statute, § 4324(3). Responsibility for Growth Management; Citizen Participation

(2001). http://law.justia.com/codes/maine/2012/title30a/chapter187/section4324

Addresses citizen participation in the development of a growth management program, 

municipalities or multi-municipal regions may adopt growth management programs. MI/DM

 

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/comar/getfile.aspx?file=01.01.2001.01.htm

Establishes a Commission on Environmental Justice and Sustainable Communities.

 

Maryland House Joint Resolution 6, 2000 Leg., 414th Session (Maryland 2000) 

http://mgaleg.maryland.gov/2000rs/fnotes/bil_0006/hj0006.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/pr01/md_pr01_stats_acm_

1996and1999supp.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.



MASSACHUSETTS

Executive Office of Environmental Affairs, Environmental Justice Policy (Issued Oct. 9, 2002). 

http://www.mass.gov/eea/grants-and-tech-assistance/environmental-justice-policy.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-ofgeographic-information-massgis/

Comprehensive statewide database of spatial information for mapping and analysis. GIS



Solid Waste Master Plan: 2006 Revision (June 2006). 

http://www.mass.gov/eea/docs/dep/recycle/priorities/swmprev.pdf

Revisions and updates to Beyond 2000 Solid Waste Master Plan (Beyond 2000 Plan).


21

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

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-ej.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/forestry/urban/docs/urban-forestry-ej-pilotgrant-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. 

    

MICHIGAN

Michigan Department of Environmental Quality, Environmental Justice Working Group.

Executive Directive 2007-23. http://www.michigan.gov/documents/deq/deq-ej-ExecDirective2007-23_248346_7.pdf

Establishes a working group to promote environmental justice issues.

 

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

 

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. GM



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

 

MISSOURI

Missouri Department of Natural Resources, Fiscal Year 2000 Integrated Strategic Plan.

http://www.dnr.mo.gov/s_plan/fy2000/issue_4.htm

Documents the department's environmental program priorities and activities.



MONTANA

Montana Code Annotated § 75-20-102. Policy and Legislative Findings, Montana Major Facility 

Siting Act (2011). 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.com/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

 
22

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

NEW JERSEY

Governor Jon S. Corzine, Governor of New Jersey, Executive Order 131. Environmental Justice.

http://www.state.nj.us/infobank/circular/eojsc131.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

(2005). http://www.state.nj.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.nj.gov/transportation/eng/CSD/

Details the state transit approach as it relates to environmental justice. GM

   

New Jersey Department of Transportation, Environmental Justice Guidelines.

http://www.state.nj.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.nj.us/transportation/business/civilrights/ej.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.nj.us/transportation/works/njchoices/pdf/GoalsObjectivesIndicators.pdf

Provides information about the New Jersey statewide transportation plan, including how it relates to 

environmental justice. GM



New Jersey Department of Environmental Protection, Camden Waterford South Air Toxics 

Pilot Project. http://www.state.nj.us/dep/ej/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.nj.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.nj.gov/dep/enforcement/camden.html

Details the mobilization and investigations of the Camden City compliance and enforcement sweep.

 

NEW MEXICO

“Environmental Justice Executive Order,” Executive Order 2005-056 (November 18, 2005).

http://www.nmenv.state.nm.us/Justice/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. GM

 
23

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

New Mexico Environment Department, Environmental Justice Listening Sessions Final Report

(2004). http://www.nmenv.state.nm.us/Justice/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%20EJ%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

 

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.ny.gov/docs/permits_ej_operations_pdf/ejfinalrpt.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.ny.gov/docs/permits_ej_operations_pdf/ejpolicy.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.ny.gov/docs/permits_ej_operations_pdf/drftplnejintertskfrce.pdf

Recommendations for the development of policies and actions that embrace environmental justice 

principles and work towards environmental equity.

 

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.org/c/document_library/get_file?uuid=04dcde6d-8c0b-48e0-8194-

2bc6221253b0&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.



OREGON

Oregon Revised Statute § 195.305. Land Use Regulations (Amended 2013).

https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors195.html

Addresses legislation related to just compensation for changes to industrial zoning. IND

 

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/PublicParticipation/Office%20of%20Environmental%20Advocacy/E

nvAdvocacyPortalFiles/2013/Environmental_Justice_Work_Group_June_2001.pdf

Analysis and recommendations of Pennsylvania’s environmental justice policy.

 
24

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

RHODE ISLAND

Rhode Island General Laws § 23-19.14-5(a). Environmental Equity and Public Participation

(2003). http://www.lawserver.com/law/state/rhode-island/rilaws/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/rilaws/rhode_island_general_laws_23-19-13-4

Addresses the community notification process as it relates to solid waste disposal licenses. SWF



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-GOALSFINAL.pdf

Documents the department's environmental program priorities and activities.



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.



VIRGINIA

Virginia Code Annotated § 10.1 – 1408.1 et seq. 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 the plan for 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/4d54200d7e28716385256ec1004f3130/b9bdf4f9e5dd5

82e8525616a006f1778?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

  

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

 

WEST VIRGINIA

West Virginia Department of Environmental Protection (WVDEP), Permit Hearings and Appeals 

Guide. http://www.dep.wv.gov/environmentaladvocate/Documents/Permit%20Hearings%20and%20Appeals%20Guide.pdf

Details WVDEP’s policies on public notification and public participation. MI/DM

 
25

Environmental Justice in Land Use Planning

State Resources 

State Executive Orders, Legislation, and Resources

Organized alphabetically by state.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

WYOMING

Wyoming Statute Annotated § 35-12-104 Industrial Development Information and Siting Act

(2004). http://legisweb.state.wy.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

 

Environmental Justice in Land Use Planning

Local Resources

Local Ordinances and Resources 

Organized alphabetically.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

City of Cincinnati, Ohio, Environmental Justice Ordinance (June 24, 2009). 

http://www.vorysenergy.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-Justice/

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+City/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-justice

Seeks to ensure that low-income, minority and non-English speaking residents have meaningful 

opportunities to participate in environmental decision making. Ml/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


26

Environmental Justice in Land Use Planning

Local Resources

Local Ordinances and Resources 

Organized alphabetically.

Environmental Justice 101Environmental Justice and Land Use: Making the ConnectionEngaging the CommunitySmart GrowthCase StudiesPolicy/Legislation

City of Jacksonville, Florida, Brownfields Coalition.

http://www.coj.net/Departments/Planning-and-Development/Community-PlanningDivision/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-equity/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/SPUandtheCommunity/Environmental_Justice/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.

 