Social Justice Activism

rulemaking process. As of 2012, DR 1521-1 requires that a cost-benefit analysis of
major human health, safety and environmental regulations include analysis of risks to
"persons who are disproportionately exposed or particularly sensitive," although DR
1521-1 does not mention EJ or impacts to minority or low-income communities
explicitly. [Land Use - permitting, community participation, compliance and enforcement,
study]
Enforcement
The Strategic Plan sets an enforcement-specific goal, which includes objectives to
"effectively resolve or adjudicate all environmental justice-related Title VI complaints"
and to include environmental justice as a key component of civil rights compliance
reviews. Agencies are also required to identify an assessment methodology by April 15,
2012, which can be used to determine whether programs have disproportionately high
and adverse environmental and human health impacts. The NRCS has published and
updated a Civil Rights Compliance Review Guide, which guides the NRCS Civil Rights
Division's review of the compliance with Title VI and 12898 in the agency's state offices,
field offices and other facilities. The guide was updated in November 2011 and it does
not mention EJ explicitly. However, the Strategic Plan identifies the NRCS compliance
review and other outreach and research programs as supporting its EJ enforcement
goals [compliance and enforcement].
NEPA
The 1997 Regulation, DR 5600-2 required USDA sub-agencies to develop their own
NEPA environmental justice guidance documents. The sub-agencies have done so,
with some additional details, such as a reminder that the EJ community should be
involved in identifying the alternatives, suggested stakeholders and resources, and
guidance to hold meetings at times when working people can get to them, and to
translate notices. When DR 5600-02 is updated as required by the Strategic Plan,
changes could be made to the NEPA section of the Regulation. The Strategic Plan sets
a performance standard to encourage interested environmental justice communities to
be involved in the public participation process for NEPA documents, although the
Strategic Plan does not require updates to the NEPA portions of DR 5600-02.
Although the USDA has integrated EJ into each step of the NEPA process as required
by Executive Order 12898, many of the NEPA documents completed by the USDA
include only cursory analysis of environmental justice effects. This analysis most often
includes a rote paragraph as to what Executive Order 12898 requires and a quick
conclusion that the agency action does not affect minority and low-income populations.
Some examples where the USDA included more in-depth analysis are:
Descriptions of the minority and low-income populations that live in the study
area;
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