President Biden issued the “Executive Order on Revitalizing Our Nation’s Commitment to Environmental Justice for All” (EO 14096) on April 21, 2023.
Read EELP’s analysis of the order here, and see our 2-page comparison of Order 12898 and 14096 here.
Background
Executive Order 12898, signed by President Clinton in 1994, requires all agencies to “make achieving environmental justice part of [their] mission.” However, the order is not judicially enforceable, includes no metrics or reporting mechanisms, and has not been significantly updated since 1994.
In his Climate Crisis Executive Order, President Biden ordered the White House Environmental Justice Interagency Council to recommend changes to Executive Order 12898 within 120 days (by May 27, 2021). The Council includes representatives from the Attorney General’s office and the secretaries of Agriculture, Commerce, Defense, Energy, Health and Human Services, HUD, Interior, Labor, and Transportation, plus EPA.
The WHEJAC publicly submitted its own proposed revisions to Order 12898 to CEQ on May 21, 2021 as a final report and cover letter. In that report, the WHEJAC offered new definitions for key terms including “environmental justice community,” “just treatment,” and “meaningful participation”; outlined new mandates for the Council; and drafted new agency mandates regarding environmental assessment, monitoring, and reporting among other provisions.
CURRENT STATUS
On April 21, 2023, President Biden issued the long-awaited update: “Executive Order on Revitalizing Our Nation’s Commitment to Environmental Justice for All” (EO 14096). Unlike EO 12898, the new Order defines “environmental justice”, and clarifies agencies’ obligation to “identify, analyze, and address disproportionate and adverse human health and environmental effects (including risks) and hazards of Federal activities.” The updated Order also includes mandates on the development and integration of disproportionate and cumulative impact research and analysis into agency decisionmaking, and measures to bolster meaningful engagement by impacted and overburdened communities.
The order also requires federal agencies to publish an Environmental Justice Strategic Plan, and to regularly update and assess progress on those plans. On Nov. 3, 2023, CEQ released a Strategic Planning to Advance Environmental Justice template to guide agencies in crafting their Strategic Plans.
While the EO cannot impose new legally enforceable obligations on agencies, it has the potential to impact how agencies implement their obligations under existing laws, including rulemakings, policy development, and enforcement.
Because these changes have been made via executive order, a subsequent administration is free to rescind or revise those changes.