Twenty years ago, on February 11, 1994, President Clinton signed Executive Order 12898. Under the order, the federal government was told to direct their attention to the unequal amount of pollution being borne by minority and low-income communities across the country. To date, the results of “The Environmental Justice (EJ) Order” have fallen short of many of the hopes and expectations of its champions. Though there have been vast improvements in the attention given to important environmental issues under the Obama administration, the release of Obama’s Climate Action Plan last fall shows that there remains a disconnect between talking about environmental justice and achieving it. In honor of EO 12898’s 20^th Anniversary, let us ask the current administration to demonstrate its commitment to the goals of the order by ensuring the inclusion of EJ communities in today’s climate policy.

For the past five decades there have been battles waged around the division of race, class and the environment. From this, legislation emerged such as the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs receiving federal funding, and the National Environmental Policy Act (NEPA) of 1969, which stresses the importance of a safe and healthy environment for all Americans. Yet even with such legislation a confluence of grassroots organizers and impassioned communities began to speak out about cases linking poor environmental health with racial and class disparities. When Clinton signed the EJ order, it was the first indication that the federal government was taking these claims seriously.

The order was created for the purpose of addressing “disproportionately high and adverse human health or environmental effects” within federal laws and regulations. Since its introduction, all 50 states have introduced some kind of EJ law of their own. While this sounds promising, the order has gone largely unimplemented since being signed in 1994. What little momentum was gained under the Clinton administration was lost with the inauguration of President W. Bush, who ignored the issue of environmental justice all together. However, things have begun to turn around with the Obama administration.

Since his election, President Obama has been one of the most forward-thinking presidents in terms of addressing environmental justice. In honor of the 20^th anniversary, Obama released a proclamation, in which he too acknowledged that there remains a lot more work to be done, and he explained his hopes to “to work with States, tribes, and local leaders to identify, aid, and empower areas most strained by pollution.” Additionally, with the release of Obama’s Climate Action Plan last June, current EPA administrator, Gina McCarthy, said that the administration’s focus on climate change provides them with the chance to make EJ a “mainstream” issue. These goals are to be guided by “Plan EJ 2014,” which was released by the EPA in February, as a roadmap for protecting health, empowering communities, and establishing sustainable partnerships.

However, relying on Plan EJ is not enough.  The EPA states that Plan EJ 2014 is, “not a rule or regulation. It is a strategy.”  A lack of binding requirements has been the largest pitfall of the EJ order. Putting the responsibility to adopt and implement EJ strategies in the hands of agencies has lead to weak and inconsistent levels of commitment. Additionally, despite McCarthy’s comments about using climate change as a platform for addressing EJ issues, Obama made no reference to EO 12898 in his recently released Climate Action Plan, giving only passing attention to the effects climate has on vulnerable communities.  Whether it was the lack of EJ leaders invited to the table when creating the plan, or the fact that the plan was never open for public comments, Obama’s failure to meaningfully include EJ communities is troubling.

 In the years since EO 12898’s implementation, many minority and low-income communities have found that though they are now being federally recognized as disproportionately at risk, they are still carrying environmental burdens at the same rate.  These communities are also facing more and more pressures from the increasing effects of climate change. With fewer resources to recover in response to extreme weather events, restricted mobility in the face of sea level rise, and the risk of unequal distribution of clean energy technology, federal policies are needed that will promote equal environmental protection. However, as is, the Climate Action Plan does not use strong enough language to ensure that this is the case.

While the Obama administration has been more vocal about addressing issues of environmental justice in federal programs, they are currently toeing the line between effective action and bureaucratic lip service. By voicing our concerns, we have the ability to influence in what capacity the administration chooses to address environmental justice in their climate policy.  While the 20^th anniversary of EO 12898 reminders us of the strides that have been made, it also acts as a wakeup call. Act now, and:

1. Send a letter to Obama: telling him to amend the Climate Action Plan in order to formally acknowledge environmental justice, and to include EJ leaders in all future climate change policies.
2. Support the efforts of existing organizations looking to promote climate justice policy, such as the Environmental Justice Leadership Forum, by getting involved and staying informed through social media.