Environmental process | Environmental review | Environmental Justice
Environmental Justice (EJ) prepared statements
The following statement is a sample introduction for the EJ section of the project documents. The EJ section of a document should then report the EJ information developed through following the EJ guidance, concluding with an EJ finding.
Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” dated February 11, 1994, directed “each federal agency will make achieving 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 in the United States…” The proposed project has federal funding and federal permit requirements and is considered a federal project for purposes of compliance with the Executive Order.
FHWA Order 6640.23A, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” establishes policies and procedures for the FHWA to use in complying with Executive Order 12898. FHWA issued Order 6640.23A on June 14, 2012.
The following statement is a sample EJ finding that you can use to conclude the EJ section of projects that DO NOT have disproportionately high and adverse EJ impacts:
Environmental Justice Finding
The purpose of Executive Order 12898 is to identify, address, and avoid disproportionately high and adverse human health or environmental effects on minority and low-income populations. There are no readily identifiable minority or low-income populations affected by the project. [BRIEFLY RECAP THE BASIS FOR THIS CONCLUSION, I.E. EITHER THERE ARE NO IDENTIFIED POPULATIONS AT ALL OR ANY IDENTIFIED POPULTIONS WILL NOT BE AFFECTED BY THE PROJECT.]
Or
Readily identifiable minority and/or low-income populations have been identified in the project area. However, after considering mitigation, off-setting benefit, and public engagement, the adverse effects of the project will not be predominately borne by a minority or low-income population, nor will they be appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority or non-low-income population. [BRIEFLY RECAP THE BASIS FOR THIS CONCLUSION.]
Therefore, the proposed action will not have disproportionately high or adverse health or environmental effects on any minority population or low-income population.
The following statement is a sample EJ finding that you can use to conclude the EJ sections of projects that DO have disproportionately high and adverse EJ impacts:
Environmental Justice Finding
The purpose of Executive Order 12898 is to identify, address, and avoid disproportionately high and adverse human health or environmental effects on minority and low-income populations.
Readily available minority or low-income populations are affected by the project. After considering mitigation, off-setting benefit, and public engagement, the adverse effects of the project will be predominately borne by a minority population and/or a low-income population, OR will be appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority population and/or non-low-income population. [TAILOR STATEMENT AS NEEDED, BRIEFLY RECAP THE BASIS FOR THIS CONCLUSION.] Additional project refinements and mitigation measures to avoid or reduce the effects were considered but were found not practicable because [DESCRIBE WHY.]
Therefore, the proposed action will have disproportionately high or adverse human health or environmental effects on a minority population AND/OR a low-income population.