Environmental Justice at the White House
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The Council on Environmental Quality (CEQ) is best known as the agency responsible for implementing the National Environmental Policy Act (NEPA). (For updates on NEPA, see EELP’s Regulatory Tracker page on NEPA Environmental Review Requirements). CEQ sits within the Executive Office of the President and historically has played a limited role in administrative policy more broadly. However, President Biden’s whole-of-government priority to advance environmental justice often depends on CEQ leadership to direct or coordinate interagency efforts, including federal clean energy and vehicle procurement; implementing Justice40 and supervising the creation of a new Climate & Economic Justice Screening Tool; and identifying climate-related financial risk exposure. (For more on these commitments, see our Biden Environmental Action Tracker).
The Office of Management and Budget (OMB) also plays a crucial role in advancing Biden’s equity priorities, including developing Justice40 guidance, and review and coordination of agencies’ regulatory activities. (For more on OMB’s role in the regulatory process, see our explainer here).
In his January 27 Climate Crisis EO (EO 14008), President Biden also created several new advisory bodies to elevate and inform environmental justice priorities government-wide. While these groups don’t have rulemaking capacities, they nevertheless create new spaces to inject environmental justice principles in federal decision-making at an unprecedented level. These bodies are summarized below. (For more on President Biden’s Week One Executive Orders, see our Week One Report).
- The White House Environmental Justice Advisory Council (WHEJAC) advises the IAC (described below) and Chair of CEQ. The WHEJAC is distinct from the National Environmental Justice Advisory Council (NEJAC), established by EPA in 1993 to advise the EPA Administrator on how to integrate environmental justice concerns into the agency’s programs. While the NEJAC will likely remain focused on integrating EJ priorities at EPA, the WHEJAC advises the White House and other agencies on integrating EJ priorities government-wide. Read the WHEJAC’s charter here.
- The White House Environmental Justice Interagency Council (IAC) replaced the Interagency Working Group on Environmental Justice, which was established in 1994 and convened by EPA. In EO 14008, President Biden elevated the IAC to the Executive Office of the President, where it is chaired by the head of the Council on Environmental Quality (CEQ). The IAC is responsible for developing accountability metrics, recommending updates to EO 12898 and publishing an annual public performance scorecard on its implementation, and creating the Climate & Economic Justice Screening Tool.
- The Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization is chaired by the National Climate Advisor and Assistant to the President for Economic Policy, and housed within the Department of Energy (DOE). Under EO 14008, the group is tasked with delivering resources, opportunities, and benefits to communities that are economically dependent on coal, oil and gas, and power plants.
Council on Environmental Qualiy (CEQ)
- Sep. 30, 2022: The White House extends the Environmental Justice Scorecard public comment period by 30 days. Responses are now due by Nov. 3.
- Aug. 3, 2022: The White House issues a request for comment on the Environmental Justice Scorecard. Responses are due by Oct. 3.
- July 27, 2022: CEQ establishes and seeks nominations for two new task forces that will offer input to inform the development of carbon capture, utilization, and sequestration technologies and projects. An objective of the task forces will be to ensure that projects related to these technologies “deliver benefits rather than harms to local communities.” Nominations must be submitted before Sep. 26, 2022. Nominations for the Carbon Dioxide Capture, Utilization and Sequestration Federal Lands and Outer Continental Shelf Permitting Task Force can be submitted here, and for the Carbon Dioxide Capture, Utilization and Sequestration Non-Federal Lands Permitting Task Force here.
- May 23, 2022: CEQ releases a report submitted to Congress outlining steps taken to implement recommendations from the WHEJAC on Justice40, the Screening Tool, and revisions to executive order 12898.
- May 5, 2022: The Biden administration announces that Dr. Jalonne White-Newsome will become senior director for environmental justice at CEQ. Dr. White-Newsome previously led the environmental consulting group Empowering a Green Environment and Economy, and was a policy organizer with WE ACT for Environmental Justice.
- April 18, 2022: President Biden grants a waiver to Jessica Ennis, a former Congressional lobbyist for Earthjustice, to join CEQ as the new director of public outreach. Ennis is filling the position left by David Kieve.
- Mar. 30, 2022: President Biden’s FY 2023 budget proposal includes increasing the number of full-time staff for CEQ from 14 to 22.
- March 9, 2022: CEQ announces a series of public listening sessions and training webinars on the beta version of the Climate & Economic Justice Screening Tool (CEJST). The training webinars will be held at 4pm ET on March 9, 10, and 16. The listening sessions will be held at 4pm ET on March 22 and April 15. Learn more and register for these sessions online here.
- March 9, 2022: CEQ hires Amanda Aguirre as a senior advisor on environmental justice. Aguirre previously served on the Biden transition term as senior adviser to CEQ Chair Brenda Mallory, and worked at EPA during the Obama administration.
- Feb. 22, 2022: CEQ issues guidance on advanced techniques for carbon capture and underground storage (CCUS), including requiring federal agencies to “evaluat[e] the impacts of proposed CCUS actions on potential host communities early in the planning process” and providing information on a project’s impacts, costs and benefits in advance of Tribal consultation and stakeholder engagement. The WHEJAC released a report last year that listed carbon capture and storage as among the types of projects that do not actually benefit communities, and thus shouldn’t be included as “benefits” under Justice40. CEQ is accepting comments on the guidance by April 18, 2022.
- Feb. 18, 2022: CEQ announces the beta release of the Climate and Economic Justice Screening Tool (CEJST). Access the beta Climate and Economic Justice Screening Tool here (CEJST). People can submit feedback or ideas about data and information reflecting conditions in their community by emailing [email protected]. For more information on the Screening Tool, see our main EJ Tracker page here.
- Jan. 7, 2022: Dr. Martinez announces that she is leaving CEQ.
- Dec. 6, 2021: The same day as the first Tribal Nations Summit since 2016, the White House releases a memorandum of understanding (MOU) signed by 17 federal agencies, including CEQ, committing to increase consultation and collaboration with Tribes in recognition of existing treaty and reserved rights. The MOU includes agency-specific commitmemts including to create a searchable treaty database, and integrate tribal treaty and reserved rights early into agency decision-making, in particular work to address the climate crisis. (See pp. 3-4 of the MOU for more).
- Nov. 23, 2021: 19 Democratic Attorneys General submit comments on CEQ’s proposed rules implementing NEPA, urging CEQ to repeal the 2020 rule in its entirety and codify specific guidance to analyze the effects of greenhouse gas emissions and effects on environmental justice communities. (For more on CEQ’s proposed rule and the 2020 rule, see EELP’s Regulatory Tracker page)
- Nov. 15, 2021: A memo from CEQ and the Office of Science and Technology Policy (OSTP) informs agency heads of the creation of an Interagency Working Group on Indigenous and Traditional Ecological Knowledge (ITEK), in partnership with Tribal and Native communities. The working group will facilitate communication between the Federal government and Tribal members, and incorporate ITEK into Federal decision making to inform federal environmental policies.
- Oct. 7, 2021: (CEQ) announces its “Phase 1” rule revisiting the Trump-era revisions to the NEPA implementing regulations finalized in 2020. (For more on this rule, see EELP’s Regulatory Tracker page). The proposal would restore the 1978 regulatory language in three provisions: (1) regarding the purpose and need of a project in agencies’ environmental statements, correcting 2020 changes that required an agency to limit consideration of the public interest and reasonable alternatives; (2) clarifying that agencies have discretion to go beyond requirements set by CEQ; and (3) restoring the definitions of direct and indirect effects and cumulative impacts, and removing other language that could narrow the scope of NEPA analysis. This proposed change ensures federal agencies consider all reasonably foreseeable environmental impacts associated with their decisions, including climate change and environmental justice impacts. CEQ says it will “more broadly revisit” the 2020 NEPA regulations in a “Phase 2” rule.
- Sep. 13, 2021: Sharmila Murthy, a Suffolk Law Professor, is appointed senior counsel to CEQ. Professor Murthy is an expert in environmental justice, climate change, and water policy, and co-founded the Human Rights to Water and Sanitation program as a Fellow at the Harvard Kennedy School.
- April 14, 2021: Brenda Mallory is confirmed as the head of CEQ. Mallory previously served as CEQ’s general counsel under President Obama.
- Jan. 2021: President-elect Biden names Dr. Cecilia Martinez as senior director for environmental justice at CEQ.
Office of Management and Budget (OMB)
- Sep. 12, 2022: OMB names Elizabeth Carr as the office’s first ever Tribal Advisor to the Director. Carr is a member of the Sault Ste. Marie Tribe of Chippewa Indians, and most recently served as the senior advisor to the director of the Indian Health Service.
- Aug. 18, 2022: OMB releases a national strategy to reflect natural assets, their benefits, and the effects of their enhancement or diminution in federal decision-making. The strategy recommends that the federal government produce ongoing statistics to index the U.S.’s natural assets, their enhancement or depletion, and the impact of such enhancement or depletion on the nation’s economic strength. Highlighted within the strategy is a framework for investment opportunities to address sources of environmental injustice by uncovering environmental dependencies. The strategy invites members of the public to submit comments to inform the strategy’s development by Oct. 21, 2022.
- June 15, 2022: OMB initiates a formal review to revise its Statistical Policy Directive No. 15, which establishes standards for maintaining, collecting, and presenting federal data on race and ethnicity. As part of the review, OMB will convene an Interagency Technical Working Group of Federal Government career staff who represent programs that collect or use race and ethnicity data to solicit public feedback and provide recommendations to the Office regarding the directive’s revision.OMB also announces public listening sessions – beginning Sep. 15, 2022 – to inform this review.
- May 23, 2022: OMB announces that in addition to restructuring hundreds of federal programs to maximize benefits to disadvantaged communities, the Biden Administration has incorporated $29 billion in federal investments and funding opportunities into the Justice40 Initiative, to date.
- Apr. 4, 2022: In a first-of-its-kind report, an OMB analysis calculates climate risks could cut the national GDP by 10% by the year 2100. The report notes that “severe harms” disproportionately fall on socially vulnerable populations, and in particular on racial and ethnic minority communities. The analysis also predicts the US could spend an additional $25 billion to $128 billion annually due to six climate-related financial risks: disaster relief, flood insurance, crop insurance, healthcare expenditures, wildland fire suppression spending, and flood risk at Federal facilities.
- Nov. 24, 2021: President Biden nominates Shalanda Young to lead OMB. Young is currently OMB’s Acting Director, and if confirmed, will be OMB’s first Black female director. Biden also nominates Nani Coloretti as deputy director. Coloretti is currently senior vice president for financial and business strategy at the Urban Institute.
- Nov. 17, 2021 During the WHEJAC’s meeting, the chair of the WHEJAC’s Justice40 scorecard working group identifies five areas of agency action that will inform the scorecard: (1) engage in just treatment, full protection, and eliminating legacy pollution; (2) collect relevant qualitative and quantitative data at the beginning of agency activities; (3) improve human health and environmental quality outcomes in EJ communities; (4) collect data and measure level of “meaningful participation” in federal actions, and whether it results in better actions; and (5) generate strategic planning reports for each agency under FACA, and coordinate with governments receiving federal dollars.
- Oct. 19, 2021 The WHEJAC convenes a working group to develop scorecard metrics to evaluate agencies’ progress in implementing Justice40. The Justice40 Scorecard is due in February. The chair of that workgroup is Kyle Whyte, a Professor of Environment and Sustainability at the University of Michigan.
- Aug. 6, 2021: OMB submits its report to President Biden on identifying methods to assess equity, finding that administrative burdens exacerbate inequity, the federal government must expand opportunities for meaningful stakeholder engagement, and that long-term change will require internal cultural changes. Read the White House’s summary here. To inform its report, OMB issued a Request for Information (RFI) seeking public comment. See OMB’s summary of responses here and read individual comments here.
- Aug. 17, 2022: The WHEJAC issues Phase 1 recommendations for implementation of President Biden’s Justice40 initiative. While the WHEJAC offers numerous agency-specific recommendations, the Council also offers several cross-cutting agency recommendations, including transforming practices to rectify existing inequities, closing opportunity gaps through modified grants and funding strategies, ensuring infrastructure projects improve rather than disrupt community life, and devising effective accountability and incentive structures to address rather than perpetuate inequities.
- Aug. 16, 2022: The WHEJAC offers recommendations on the Climate and Economic Justice Screening tool to CEQ. The recommendations include integrating indicators of structural racism, including relevant indicators of Native American and tribal lands, and expanding environmental hazard indicators.
- Aug. 16, 2022: The WHEJAC recommends CEQ direct EPA to expeditiously revise incinerator air pollution emissions limits to shield environmental justice communities from the adverse consequences of dangerous emissions.
- May 23, 2022: CEQ releases a report submitted to Congress outlining steps taken to implement recommendations from the WHEJAC on Justice40, the Screening Tool, and revisions to executive order 12898.
- May 13, 2021: The WHEJAC submits its interim final recommendations to CEQ on Justice40, the Climate & Economic Justice Screening Tool, and proposed revisions to Executive Order 12898. The WHEJAC releases its final report and cover letter on May 21. For top takeaways and related resources, check out this Twitter thread from EELP’s Legal Fellow Hannah Perls.
- March 29, 2021: President Biden announces members of the new White House Environmental Justice Advisory Council (WHEJAC), which will advise CEQ. Members include renowned environmental justice leaders Dr. Robert Bullard, Katherine Flowers, and Dr. Beverly Wright.
Working Group on Revitalizing Coal and Power Plant Communities
- Sep. 29, 2022: The Energy Communities IWG launches a rapid response team to support the clean energy transition in Illinois Basin energy communities in Illinois, Indiana, and Kentucky. The team – comprising representatives from 11 federal agencies – will align federal resources toward communities experiencing economic downturns from coal mine and power plant closures.
- Aug. 25, 2022: The Energy Communities IWG launches a Four Corners rapid response team to advance the clean energy transition within communities in Arizona, Colorado, New Mexico, and Utah.
- June 15, 2022: The Energy Communities IWG opens a public comment portal to receive feedback from energy communities on the challenges they face and the measures to address those challenges. The public comment portal will remain open until Sep. 8, 2022 (the working group extended the comment period by 30 days on Aug. 11, 2022)
- Dec. 15, 2021: The Working Group launches a $45 billion funding clearinghouse, featuring existing funding sources to provide Energy Communities with easy access to funding opportunities for infrastructure, environmental remediation, job creation, and community revitalization.
- April 23, 2021: Dr. Brian Anderson, former Director of the National Energy Technology Laboratory, is named Executive Director of the Working Group.
- April, 2021: The Working Group releases its initial report identifying nearly $38 billion in existing federal resources to assist communities hit hardest by the transition to renewable energy.
Council on Native American Affairs
- Dec. 6, 2021: The same day as the first Tribal Nations Summit since 2016, the White House releases a memorandum of understanding (MOU) signed by 17 federal agencies committing to increase consultation and collaboration with Tribes in recognition of existing treaty and reserved rights. The MOU includes agency-specific commitmemts including to create a searchable treaty database, and integrate tribal treaty and reserved rights early into agency decision-making, in particular work to address the climate crisis. (See pp. 3-4 of the MOU for more).
- May 27, 2021: Anthony (Morgan) Rodman is named Executive Director of the Council. Rodman served as the Council’s Director during the Obama administration, and is a member of the Cherokee Nation and Osage Nation.
- April 23, 2021: The Council holds its first meeting since it last met in 2016 under President Obama. The Council is chaired by Interior Secretary Deb Haaland.
Other Interagency Efforts
- July 21, 2022: The White House announces it is reviving the Federal Interagency Council on Outdoor Recreation (FICOR), which includes the Interior, Agriculture, Commerce, and Defense departments. The group will focus on the administration’s “America the Beautiful” program, which seeks to set aside 30 percent of the nation’s lands and waters in a natural state, and create equitable access to nature. The council was established in 2011 and disbanded under President Trump.
- Sep. 20, 2021: The White House announces new agency initiatives to protect Americans from heat-related illnesses, both in the workplace and at home, coordinated by the White House Interagency Working Group on Extreme Heat. These include OSHA’s development and enforcement of new workplace heat standards, providing cooling assistance via HHS and EPA programs, and a new EPA analysis of the heat impacts on socially vulnerable groups.
- July 30, 2021: The White House’s Coastal Resilience Interagency Working Group (IWG) met this week to discuss the vital role coastal communities play in mitigating climate change. CEQ Chair Brenda Mallory highlighted that federal funding and access to data is crucial for disadvantaged and historically underserved communities and NOAA Administrator Dr. Rick Spinrad underscored the necessity for equitable investment in coastal communities and infrastructure.
Office of Science and Technology Policy
- Oct. 31, 2022: OSTP requests input from the public to inform the framing, development, and eventual use of a National Nature Assessment. The Assessment will evaluate the status, observed trends, and future projections of America’s lands, waters, wildlife, biodiversity and ecosystems and the benefits they provide, including connections to the economy, public health, equity, climate mitigation and adaptation, and national security. Comments may be submitted electronically until March 31, 2023.
The White House
- Nov. 8, 2022: The Biden-Harris Administration releases the Nature-Based Solutions Roadmap, an outline of recommendations to advance the United States on a path toward utilizing nature-based solutions to address climate change, nature loss, and inequity. The Administration moreover announces a suite of interagency commitments aligned with the roadmap, including agency actions to ensure over $25 billion in infrastructure and climate funding can support nature-based solutions; a new guide for bringing the power of nature to maximize the value and resilience of military bases; and a new technical working group to better account for nature-based options in benefit cost analysis. The Administration accompanies the roadmap with a Nature-Based Solutions Resource Guide containing over 150 federal examples guidance, resource documents, tools, and technical assistance.
- Nov. 1, 2022: President Biden signs Partnership to Accelerate Transition to Clean Energy (PACE) with the United Arab Emirates. Seeking to advance the clean energy transition, the agreement will catalyze $100 billion in financing, investment, and other support and deploy 100 gigawatts of clean energy globally by 2035. The partnership espouses four foundational pillars: (1) clean energy innovation, deployment, and supply chains, (2) carbon methane management, (3) nuclear energy, and (4) industrial and transport decarbonization. Together, the U.S. and UAE will convene an expert group to identify priority projects, remove potential hurdles, and measure PACE’s progress in achieving its goal of catalyzing $100 billion in financing, investment, and other support and deploying globally 100 gigawatts of clean energy.