EXECUTIVE SUMMARY
Environmental Justice and Executive Order 12898 On February 11, 1994, President Clinton signed Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations." The Executive Order requires each federal agency to make environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.
The Executive Order reinforces what has been law for at least three decades the passage of the Civil Rights Act of 1964. Title VI of the Civil Rights Act prohibits discriminatory practices in programs receiving federal funds. For example, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) requires government agencies to comply with Title VI of the Civil Rights Act.
The Executive Order causes us to once again look at the National Environmental Policy Act (NEPA), a twenty-five-year-old law that set policy goals for the protection, maintenance, and enhancement of the environment. NEPA's goal is "to ensure for all Americans a safe, healthful, productive, and aesthetically and culturally pleasing environment." NEPA requires federal agencies to prepare a detailed statement on the environmental effects of proposed federal actions that significantly affect the quality of human health.
The Executive Order calls for improved methodologies in research, data collection, and analysis. The methodologies must include the following: (1) research and analysis to assess human health effects from multiple and cumulative exposure, (2) data must be collected on low-income and minority populations who may be disproportionately at risk, and (3) information must be collected and analyzed on the impacts on subsistence fishers and wildlife consumers. The Executive Order encourages participation of the impacted populations in the various phases of assessment, including scoping, data-gathering, alternatives, analysis, mitigation, and monitoring.
DOT Environmental Justice Strategy The U.S. Department of Transportation (DOT) issued its Environmental Justice Strategy in response to Executive Order 12898. The DOT Strategy has three major elements: (1) Public Outreach on the Implementation of the Environmental Justice Strategy, (2) DOT Order on Environmental Justice, and (3) DOT Training on Environmental Justice. The strategy embodies many of the missions, goals, and objectives of the Secretary s Strategic Plan:
Improve the environment and public health and safety in transportation of people and goods, and the development and maintenance of transportation systems and services.Harmonize transportation policies and investments with environmental concerns, reflecting an appropriate consideration of economic and social interests.
Consider the interests, issues, and contributions of affected communities, disclose appropriate information, and give communities an opportunity to be involved in decision-making.
The Proposed DOT Order The U.S. Department of Transportation (DOT) developed the Proposed Order to comply with Executive Order 12898. The Proposed Order would apply to all appropriate DOT regulations, policies, guidance, and program activities as well as to any program, project, or activity undertaken by DOT or that receives financial assistance or permits from DOT, which may have environmental justice implications. It would establish a process of integrating the goals of the Executive Order with existing requirements under Title VI of the Civil Rights Act of 1964 (Title VI), the National Environmental Policy Act (NEPA), the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and other applicable statues, regulations, and guidance that concern planning; social, economic, or environmental matters; public health or welfare; or public involvement.
Environmental Justice Transportation Conference The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Railroad Administration (FRA), and the Environmental Justice Resource Center at Clark Atlanta University sponsored a national conference entitled "Environmental Justice and Transportation: Building Model Partnerships." The conference, held in Atlanta on May 11-13, 1995, was part of DOT's national public outreach strategy designed to bring key stakeholders to the table. Conference attendees included over 200 grassroots environmental justice leaders, civil rights advocates, legal experts, planners, academicians, and government officials from 30 states.
Conference planners divided the meetings into six general plenary sessions and twelve breakout groups. The twelve breakout groups included: (1) The Proposed DOT Order, (2) Health Assessments and Community Impacts, (3) Public Involvement and Community Outreach, (4) Research Needs, (5) NEPA, Environmental Justice, and Civil Rights, (6) Transport of Hazardous and Radioactive Waste, (7) Empowerment and Enterprise Zones, (8) Transportation Decision-making, (9) Training Needs, (10) Rural Transportation Needs, (11) Native American and Indigenous Issues, and (12) Equity Implications of Pricing and Operational Strategies. Sessions were moderated and facilitated by both governmental and non-governmental representatives.
A major goal of the conference was to bring community, government (local, state, and federal), and private transportation stakeholders to the table so that they might discuss common strategies and form workable partnerships. Four broad objectives guided the work of the participants. They included:
Ensuring greater stakeholder participation and public involvement in transportation decision-making.Directing resources to identify and address discriminatory outcomes, disproportionate impacts, inequitable distribution of transportation investments, and their civil rights implications.
Improving research, data-collection, and assessment techniques.
Promoting interagency cooperation in transportation planning, development, and program implementation to achieve livable, healthy, and sustainable communities.
Sections I through IV of this Executive Summary provide an overview of the major recommendations crafted by conference participants.
I. Ensuring greater stakeholder participation and public involvement in transportation decision-making. Public involvement is essential to effective transportation planning. State DOTs and MPOs are challenged with the task of involving culturally diverse stakeholders early in the planning process and during project development.
Design strategy to identify culturally diverse stakeholder groups, "high-impact" populations and their concerns, and facilitate their involvement in decision-making.Design culturally-sensitive outreach, communication, and training programs, manuals, guidebooks, videos, and other educational material in collaboration with impacted communities.
Target transportation resources to address existing needs of under-served populations.
Expand the involvement of historically black colleges and universities/minority academic institutions (HBCUs/MAIs) and other non-government organizations (NGOs) in university transportation centers.
Conduct training workshops for planners and decision-makers on public participation and environmental justice provisions under Executive Order 12898 and the proposed United States Department of Transportation (USDOT) Order.
Provide funds for grassroots groups to conduct evaluations of public participation models and outcomes.
Collaborate with environmental justice and other community-based groups in the design of public-involvement strategies and outreach programs.
Provide public input in the design of request for proposal and review processes.
Integrate public involvement requirements into the MPO certification process.
Conduct state and regional hearings on under-funded areas and under-served populations.
Contract with a third party (i.e., community stakeholder group) to conduct public hearings.
Coordinate ongoing dialogue of environmental justice and community stakeholders to design a broad-based transportation advocacy agenda.
Fund public involvement partnership "pilots" involving impacted communities, grassroots groups, minority academic institutions, MPOs, and state DOTs.
Establish clearinghouse for public participation information presently collected.
Select citizen advisory groups from the impacted areas to allow stakeholders to speak for and represent themselves.
Work with existing environmental justice networks and community-based groups in designing USDOT environmental justice outreach and communication strategy, state and regional forums, and public participation training workshops.
Ensure that the federal, state, and local agencies recognize and include tribal governmental stakeholders and impacted Native American community members in transportation decision-making.
II. Directing resources to identify and address discriminatory outcomes, disproportionate impacts, inequitable distribution of transportation investments, and their civil rights implications. Discriminatory practices, policies, and outcomes need to be addressed under existing laws and regulations such as Title VI of the Civil Rights Act and NEPA. Some policies and practices have disproportionately and adversely affected low- income and people of color communities. Moreover, while some investment strategies may be effective in reducing congestion and improving overall mobility, they can also have significant equity impacts.
Provide equal enforcement of existing environmental, civil rights, housing, and health laws.Compile annual "Report Card" of state DOTs and MPOs Title VI compliance record.
Promote state DOTs, MPOs, and community groups that have been successful in providing equitable transportation services, programs, investments, and public- private partnerships.
Conduct training workshops for USDOT, state DOTs, and MPOs in Title VI enforcement and compliance, Executive Order 12898 and the USDOT Order, and environmental justice guidance for NEPA.
Design studies to assess possible regressive and discriminatory impact of new strategies (congestion pricing) and technologies (intelligent vehicle highway systems) on low income and people of color communities.
Survey and analyze Title VI transportation discrimination complaints against USDOT, state DOTs, and MPOs.
Assess community impacts of transportation decision-making and land-use policies on mobility options and equal opportunity.
Assess the environmental justice implications of routing and transport (potential for accidents, spills, explosions, and leaks) of hazardous, radioactive, and toxic material.
Incorporate right-to-know reporting requirements for industries transporting toxic materials through communities.
Evaluate facility siting policies and practices for compliance with Title VI and NEPA provisions.
Eliminate exclusionary and discriminatory practices that may limit the participation of racial and ethnic groups on boards, panels, and advisory committees.
Develop database of technical and community advisors on Title VI and environmental justice compliance.
Incorporate environmental justice provisions in Major Investment Studies (MIS).
Consolidate the several Offices of Civil Rights in USDOT and raise to the administrative level of the Secretary s office.
Federal, states, county governments, parishes, and towns must recognize tribal sovereignty, treaty rights, cultural and religious rights, sacred areas, burial sites, and preservation laws.
Facilitate the diversification of a skilled technical work force to help develop, maintain, and operate the nation s increasingly complex transportation systems.
III. Improving research, data-collection, and assessment techniques. Negative environmental and health impacts often fall heaviest on the poor, Native American and indigenous, and people of color communities. Data gaps exist in areas of distributive impacts of Clean Air Act Amendment, congestion control, energy conservation strategies, contracting, facility siting, transport and routing of hazardous and radioactive materials, investments, program funding, quality and availability of service, and relocation actions.
Finalize and approve the proposed USDOT Order and provide guidance for the Order to be integrated into state DOTs and MPOs.Develop tools to identify and assess the impacts of transportation policies on low-income and people of color communities.
Conduct analysis on interaction of transportation, land-use, and economic disinvestment outcomes.
Conduct transportation investment studies that assess equity and environmental justice implications.
Assess impact of existing transportation investment strategies on residential segregation and growing inequity between central cities, suburbs, and rural areas.
Integrate environmental justice principles into the NEPA process and assess impact equity.
Provide feedback on impacts (environmental, health, and socioeconomic impacts) to the communities studied.
Establish monitoring and mitigation programs that involve impacted communities as partners.
Conduct analysis of model transportation partnerships or "success" stories (case studies) that could be replicated elsewhere.
Improve design, methodologies, and measures to assess and mitigate disproportionate health effects (including multiple and cumulative impacts) of USDOT or USDOT-funded programs, policies, and activities under NEPA and other environmental laws.
Require impact assessments to include qualitative and quantitative data.
Conduct training in Geographic Information System (GIS) for use in Title VI and NEPA compliance.
Design mechanisms to improve accuracy of highway and transit usage data and data requirements of diverse "customers."
Design methodologies to assess community impacts (environmental, human health, socioeconomic, cultural, etc.), existing risk burdens (multiple and cumulative impacts), and "vulnerable" populations (low-income, children, elderly, workers, etc.) before facilities are sited.
Document progress of state DOTs and MPOs in developing nondiscriminatory policies, practices, and outcomes.
Train and employ local residents in impact assessment.
Develop uniform framework for collecting/analyzing socioeconomic data (qualitative and quantitative).
Conduct research on alternative dispute resolution.
Design notification, communication, and status report of major transportation research projects that address environmental justice issues.
Use state-of-the-art technology to help determine cumulative risk through Geographic Information Systems (GIS), computer models, and hazardous zone assessment.
Develop partnerships with schools and other community-based institutions to involve young people in the process.
Develop performance standards and output measures for Title VI and environmental justice implementation.
Develop database and clearinghouse on successful rural transportation initiatives.
Focus research and development on viable transportation technologies that emphasize sustainable use of energy resources and prevention of environmental harm.
IV. Promoting interagency cooperation in transportation planning, development, and program implementation to achieve livable, healthy, and sustainable communities. An interagency approach offers great promise in addressing social equity and distributive issues, locational decisions, land-use, investment and development strategies, and strategies to foster partnerships among local, state, tribal, and federal stakeholders. Some solutions require many agencies working together with the public.
Use Executive Order 12898 as a vehicle to coordinate enforcement and compliance on environmental justice concerns across program areas (i.e., Title VI of the Civil Rights Act, National Environmental Policy Act, Intermodal Surface Transportation Efficiency Act, American Disability Act, Community Right-to-Know, Community Reinvestment Act, Home Mortgage Disclosure Act, Federal Fair Housing Act Amendment of 1988, and Uniform Relocation Assistance and Real Property Acquisition Policies Act).Provide technical assistance and training in intergovernmental coordination.
Support the continuation and expansion of interagency funding of hazardous material training for urban inner-city youths.
Design "model" interagency projects and partnerships in Empowerment and Enterprise Zones, and other targeted redevelopment areas.
Design assessment tools and training program in interagency dispute resolution.
Conduct Title VI training for state DOTs, MPOs, and grassroots citizen groups.
Provide resources for coordination of tribal transportation programs with state DOTs and federal agencies.
Develop guidebook for community stakeholders to use in understanding the various federal, state, and local regulations.
Design programs and funding strategies to address special needs and jurisdictional issues of tribes.
Coordinate interagency programs and funding to arrest major infrastructure decline in urban centers.
Develop regional/local partnership models for intergovernmental relations between the states and Tribal governments, including Native American communities located along the boundaries of Canada and Mexico.
Encourage partnerships, consortia, and joint ventures to foster exchange and transfer of information among government, industry, non-governmental organizations, and academia.
Support the development of multi-disciplinary curricula in colleges and universities in collaboration with state DOTs and MPOs, emphasizing pollution prevention, efficiency, and environmental justice.
Summary There was general agreement among the conference participants that building partnerships among the various stakeholders is a worthwhile endeavor. Conference attendees expressed a strong commitment to enforcing all applicable planning and environmental regulations and laws, and promoting non-discrimination in its programs, policies, guidance, and activities that affect human health and the environment.
Clearly, the goals of environmental justice and DOT s Livable Communities Initiatives are compatible, desirable, and achievable. As conference presenters noted, these goals are consistent with that of other federal initiatives, including Housing and Urban Development (HUD) Empowerment and Enterprise Zones, Environmental Protection Agency (EPA) Brownfield and Urban Revitalization, Health and Human Services (HHS) Healthy People 2000, and the Department of Commerce s Sustainable Development initiatives. Transit-oriented development and transportation investments can and should play an important role in rebuilding communities.
The new partnerships involving the state, metropolitan and local levels, and DOT need to strengthen intermodal options that contribute to the development of just, healthy, and sustainable communities with benefits to all sectors. In thinking beyond cars, roads, and trains, transportation must become a bridge as opposed to a barrier.
Education, training, and communication are essential ingredients in breaking down mistrust and building effective partnerships. Transportation planners must engage the people who use the service and who are impacted by their actions. The public has every right to be involved in decision-making, including issues of costs, investments, and impacts. The time is right for these transportation partnerships to take shape. Working as partners, FHWA, FTA, FRA, state DOT s, MPO s, and community groups can make DOT s Environmental Justice Strategy a reality.