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Environmental Justice and Right-of-Way

Department of Transportation Federal Highway Administration. Environmental Justice and Right-of-Way. Mission : Providing Global Leadership and Innovation in Public Sector Real Estate and Outdoor Advertising Control through Information Sharing and Knowledge Exchange.

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Environmental Justice and Right-of-Way

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  1. Department of TransportationFederal Highway Administration Environmental JusticeandRight-of-Way Mission: Providing Global Leadership and Innovation in Public Sector Real Estate and Outdoor Advertising Control through Information Sharing and Knowledge Exchange

  2. Presenter David Blakeney, SR/WA, R/W-NAC FHWA - Arkansas Division 501-324-6438 david.blakeney@dot.gov

  3. Learning Outcomes • Explain what Environmental Justice (EJ) covers • Give a brief history of EJ • Name two laws associated withEJ • Identify EJ Analysis Tools

  4. Environmental Justice The term EJ began in the early 1980’s in response to demonstration that opposed the location of a PCB landfill in a minority community in Warren County, North Carolina.

  5. Addressing Environmental Justice On February 11, 1994, President William Jefferson Clinton seized the opportunity to promote the fair treatment of all races, incomes and cultures with respect by executing Executive Order 12898.

  6. Legal Basis for the Executive Order • Title VI of the Civil Rights Act of 1964 which prohibits discrimination based on race, color, and national origin (minority) • Stafford Act of 1974 which prohibits discrimination in the distribution of benefits based on income (low-income)

  7. Minority and Low Income for Purposes of Title VI and Environmental Justice • Black • Hispanic • Asian American • American Indian and Alaskan Native • Native Hawaiian or other Pacific Islanders

  8. 2008 Health and Human Services Poverty Guidelines SOURCE:Federal Register, Vol. 73, No. 15, January 23, 2008, pp. 3971–3972

  9. Principles of Environmental Justice • Ensure involvement of low-income and minority groups in decision making • Prevent disproportionately high and adverse impacts of decisions regarding low-income and minority groups • Assure low-income and minority groups receive proportionate share of benefits

  10. Requirements of Environmental Justice • Make a meaningful effort to involve low-income and minority populations in the decision making process established for the use of federal funds • Evaluate the nature, extent, and incidence of probable, favorable and adverse human health or environmental impacts of the program or activity upon minority or low-income populations

  11. US DOT Environmental Justice Orders • April 15, 1997 the U.S. DOT issued its Order to summarize and expand on EJ • December 2, 1998 the FHWA issued its Order of Actions requiring implementation of the USDOT April 1997 Order • October 1, 1999 the FHWA and FTA issued a memorandum to clarify to Field Offices how to ensure EJ is considered in planning certification reviews

  12. Environmental Justice Analysis for Transportation Projects • Introduction and Project Description • Setting/Affected Environment • Impact Analysis and Mitigation • Disproportionately High and Adverse Impact Analysis • Findings

  13. Introduction and Project Description • Introduction • Legal • Regulatory • Administrative requirements • Project Description • Project location • Physical components • Justification (purpose and need)

  14. Setting/Affected Environment • Establish a Project Study Area • Identify Existing Population Groups • Summarize Public Involvement/Community Outreach

  15. Impact Analysis and Mitigation • Identify Impacts to General Population • Minority and Low-Income Populations • Measures to Avoid or Minimize Impacts to General Population • Assess Efficacy of Mitigation for Minority and Low-Income • Conclusion

  16. Disproportionately High and Adverse Impact Analysis • Adverse impact(s) predominately borne by a minority or low-income population group • Adverse impact(s) more severe or greater in magnitude than the adverse impacts to non-minority and/or non-low income population groups

  17. Potential Environmental Justice Issue Avoid disproportionatelydisrupting a minority, low-income neighborhood.

  18. Environmental Justice Awareness Be cognitive of the neighborhood demographics on potential transportation projects involving Federal funds.

  19. Environmental Justice and the Acquisition Process • Identify the EJ issues • Talk with your client, Project Manager, ROW Managers, or environmental staff • Determine possible remedies

  20. Environmental Justice Decision Tree DOES A MINORITY AND/OR LOW-INCOME POPULATION EXIST? NO No EJ Issue YES NO No Impact IMPACT? YES NO Avoid/Minimize ADVERSE IMPACT? YES

  21. www.fhwa.dot.gov/environment/ej2.htm

  22. Review • History and Definition of EJ • Laws and Policies Associated with EJ

  23. Tips for a Successful Environmental Justice Program • Identify the EJ issues as early as possible • Notify your client, Project Managers and other key personnel associated with the project • Focus on the important issues affecting the community • Look for possible solutions

  24. Let’s try to avoid this!!!!

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