Caitlyn Humann (ELR Staffer, 2026)

What if your state’s leaders permitted a Waste Management company to operate a Type I solid waste facility on the property next to your house? The facility may be necessary to improve your community’s waste management system. The facility may even allow for new developments in your community, bringing jobs and wealth. Your concerns, however, include the stench of organic material that will impact your daily activities and devalue your property. What if your state decided to place this facility next to your house because of your income or race?¹

“Environmental justice” is “the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment.”² Today, legislatures implement environmental justice plans to prevent activities that adversely affect the environment and human health from disproportionately burdening disadvantaged communities.³

New York State is a leader in environmental justice.  New York State’s Department of Environmental Conservation (DEC)⁴ Office of Environmental Justice (OEJ) releases quarterly newsletters, updating New York residents on criteria and new policies for disadvantaged communities, community air monitoring initiatives, community spotlights, and upcoming events.⁵ The New York Climate Act “charged” the Climate Justice Working Group (CJWG), similarly within the DEC, to establish criteria for identifying disadvantaged communities so the DEC can ensure that underserved communities benefit while working to conserve, improve, and protect New York’s environment.⁶  New York is the second state to legally mandate the consideration of environmental justice in state agencies’ environmental permitting decisions.⁷

How can New Yorkers promote environmental justice? According to the Environmental Protection Agency (EPA), “robust community engagement is crucial for making informed permitting decisions that meaningfully consider the site-specific circumstances of the permitting action.”⁸ New York stresses the need for public participation in their “enhanced public participation plan,” which requires permit applicants to seek input from the relevant disadvantaged community members regarding their proposed project designs.⁹  New Yorkers can visit the DEC’s ArcGIS Webmap of the Potential EJ Areas to learn if they live in a “Potential Environmental Justice Area” (PEJA).¹⁰ With that, residents can attend public hearings virtually or in-person to give their input on DEC’s regulations, permit applications under DEC review, or various actions under the State Environmental Quality Review Act (SEQRA).¹¹  

How can New York improve? Online forums may be inadequate to ensure that local communities are informed about and involved in new developments that may adversely affect their environment and health. Many New Yorkers may lack the time or resources to keep up with proposed projects. The concept of “environmental justice” may be unheard of, and residents may not know whether they live in a PEJA. While the DEC’s resources are limited, having only 13 members on the Climate Justice Working Group (CJWG) to develop and review the criteria for disadvantaged communities across all of New York State, the DEC may consider tasking developers to personally distribute forms to every resident that may be affected by their proposed project. The forms may be mailed to the local permitting agency for review, ensuring the public is informed and heard. While this solution may further complicate the already intricate permitting process, public participation is the key to environmental justice.   

Interactive Map of N.Y. PEJAs (PEJAs appear as transparent purple polygons superimposed on the map) as designated by the 2020 U.S. Census Bureau, in Potential Environmental Justice Area PEJA Communities, ArcGIS Webmap of the Potential EJ Areas (2020) https://www.arcgis.com/home/webmap/viewer.html?url=https://services6.arcgis.com/DZHaqZm9cxOD4CWM/ArcGIS/rest/services/Potential_Environmental_Justice_Area__PEJA__Communities/FeatureServer&source=sd. 

1. In Bean v. Southwestern Waste Management Corp., the plaintiffs presented various types of statistical evidence to successfully allege city-wide discrimination against minorities in the placement of solid waste sites in Texas which established their substantial likelihood of proving that the Texas Department of Health’s decision to issue the permit to Southwestern Waste Management to operate a Type I solid waste facility was motivated by purposeful discrimination in violation of 42 U.S.C. § 1983. See Bean v. Southwestern Waste Management Corp., 482 F. Supp. 673 (S.D. Tex. 1979) ↩︎
2.  41 C.F.R. § 102–83.75 (2024). ↩︎
3.  Id. ↩︎
4.  The New York State Department of Environmental Conservation (DEC) was created on July 1,1970 to combine all state programs designed to protect and enhance the environment into a single agency.  See DCEE, Bureau of Digital Services, About DEC, N.Y. State Dep’t of Env’t Conservation https://dec.ny.gov/about (last visited Sep. 14, 2024). ↩︎
5. See The Environmental Justice Report, N.Y. State Dep’t of Env’t Conservation Off. of Env’t Just. https://dec.ny.gov/get-involved/environmental-justice (last visited Sep. 14, 2024). ↩︎
6. See Environmental Justice Report Summer 2024 N.Y. State Dep’t of Env’t Conservation Off. of Env’t Just. https://dec.ny.gov/sites/default/files/2024-08/ejnewslettersummer24.pdf (accessed Sep. 14, 2024). ↩︎
7. New York’s “Cumulative Impacts Bill,” effective in June 2023, expanded existing environmental review procedures under the State Environmental Quality Review Act (SEQRA).  See S. 8830 (N.Y. 2021); see also N.Y. State Env’t Quality Review Act, N.Y.S.E.C.L. Art. 8; see also 6 N.Y.C.R.R. Part 617. ↩︎
8. See EPA Interim Env’t Just. and Civ. Rts. in Permitting Frequently Asked Questions, U.S. EPA 16, 18 (2022) https://www.epa.gov/system/files/documents/2022-08/EJ%20and%20CR%20in%20PERMITTING%20FAQs%20508%20compliant_0.pdf. ↩︎
9. See Gen. Requirements for Applications, N.Y. Comp. Codes R. & Regs. Tit. 6 § 621 3(a)(13). ↩︎
10. See Maps & Geospatial Info. Sys. (GIS) Tools for Env’t Just, N.Y. State Dep’t of Env’t Conservation Off. of Env’t Just. (last visited Sep. 14, 2024) https://dec.ny.gov/get-involved/environmental-justice/gis-tools. ↩︎
11. See Pub. Participation, N.Y. State Dep’t of Env’t Conservation Off. of Env’t Just. (last visited Sep. 14, 2024) https://dec.ny.gov/get-involved/public-participation. ↩︎