Why Congress Should Pass the A. Donald McEachin Environmental Justice for All Act

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In March, one of the most comprehensive bills to advance environmental justice was reintroduced in the US House and Senate: the A. Donald McEachin Environmental Justice for All Act (EJ for All Act). The bill, introduced in the House by Rep. Ral Grijalva and Barbara Lee, and Sens. Cory Booker and Tammy Duckworth on the Senate side, were named in honor of the late Rep. Donald McEachin, who co-led the initiation of this legislation in 2018 and has been a fierce champion for environmental justice throughout his life.

Rep. McEachin, who passed away in November, was a lifelong advocate for social and environmental justice in my home state of Virginia. I got a small glimpse of this work in early 2022 when his office contacted me after reading a report I co-authored on the risk of chemical spills from storage tanks in Virginia. That’s the way he is as a political leader: tirelessly and proactively working to communicate and fight to ensure that everyone has the right to a safe and healthy environment.

According to scholar and advocate Dr. Robert Bullard, environmental justice embraces the principle that all people and communities are entitled to equal protection and equal enforcement of environmental laws and regulations. The successful research of Dr. Bullard and key environmental justice leaders, such as Dr. Beverly Wright, Vernice Miller-Travis, and Peggy Shepard, among others, show that Black and brown communities are disproportionately exposed to and harmed by pollution. Many studies since then have confirmed these findings across multiple exposures, such as soot air pollution (PM2.5 or fine particulate matter), transportation-related air pollution, drinking water violations, and urban heat islands. This bill seeks to mitigate these disproportionate exposures and begin to undo decades of systemic harm.

The EJ for All Act shows the importance of the process

Historical law is a model not only for the rules it contains, but for the process of law-making by the people, for the people. The EJ for All Act was developed through a multi-year inclusive and transparent process built around the lived experiences of communities on the frontlines of disproportionately high exposure to pollution and systemic disinvestment.

The latest iteration of the bill reflects input from public sessions and feedback from a Community Input Tour held last year, where Reps. Grijalva and McEachin in environmental justice communities across the country, from Queens to New Orleans and Tucson. Rep. Grijalva and McEachin strive to center the voices and concerns of communities affected by environmental injustices at all stages of the legislative drafting process, an effort at equality and inclusion rarely seen in the drafting process of a bill. The House Committee on Natural Resources has even released the draft text of the legislation for public comment, providing an opportunity for the public to submit line-by-line comments. In solidarity with environmental justice leaders and communities, UCS has been a supporter of this bill since its inception.

The law was introduced with a Community Impact Report, which details how the law has prevented, or addressed, past environmental injustices. There is also a Statement of Principles that outlines how the law should, for example, ensure that federal and state regulatory decisionmaking reflects on-the-ground realities and cumulative impacts and ensure that the National Environmental Policy Act promotes environmental justice, health justice, and environmental quality. .

What will the EJ for All Act do?

The bill faces major challenges in the House, with some lawmakers who have a history of undermining efforts to help revitalize communities facing environmental justice concerns. Polluters have a dominant influence in the current Congress, resulting in legislation such as HR 1, the so-called Lower Energy Costs Act, which seeks to reduce public involvement in permitting new energy projects, rather than expanding this.

If passed, however, the EJ for All Act could catalyze transformative change in how pollution is controlled, how environmental regulations are enforced, and how affected communities can participate in regulatory decision-making. Among its provisions, the law is:

Require consideration of the cumulative effects of permitting decisions under the Clean Air Act and Clean Water Act. This would be a major step forward in requiring federal and state agencies to consider the effects of multiple, cumulative environmental and social stressors on a community when making permitting decisions, instead to use a facility-by-facility approach. Improve accountability for regulatory and pollution decision-making, such as requiring federal agencies to bring affected communities including Tribal representation into the National Environmental Protection Act (NEPA) process. NEPA requires federal agencies to assess environmental impacts before issuing permits for major infrastructure projects, so efforts to improve public participation could have far-reaching implications for former left out of the process. ) 12898 which directed federal agencies to develop environmental justice strategies. Clinton’s order was never fully implemented and is not legally enforceable, so codifying it would give it much-needed teeth and protect it from repeal in future administrations. Fund environmental justice programs and research grants to investigate toxic personal and child care products, and establish a Federal Energy Transition Economic Development Assistance Fund using revenues from fees imposed on oil, gas, and coal companies. The latter will invest in a just energy transition, funding job training programs in states formerly dependent on fossil fuel extraction. Expand equitable access to parks and outdoor recreation, prioritizing opportunities that benefit urban communities.

Passage of the EJ for All Act would mark a major step forward in mitigating a legacy of environmental damage and systemic racism. It will also enhance and point the way to better participatory processes for law-making. Despite the political challenges to the bill’s passage, a strong and growing coalition of indigenous, environmental justice, public health, and science advocacy organizations stands in support of the EJ for All Act. Even before its passage, the law already set new standards for transparency and inclusion, provided a powerful organizational vehicle for environmental justice advocates, and fostered new levels of communication and trust.

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