Forty Years of Environmental Justice: Where is the Justice?

Environmental Justice (or“EJ”) has been recognized as a concept since at least 1982. After decades of incremental and ineffective efforts by the federal government, it has become clear that EJ must evolve beyond the concept stage if it is to be an effective vehicle for social and legal change. At its heart, EJ is a function of social inequities and environmental harms, and the disproportionate correlation between those components can no longer be ignored by state and federal actors. The way forward must be paved with practical legal solutions and affirmative application of regulatory authority. This article examines the history of EJ primarily through the lens of the U.S. Environmental Protection Agency and the White House, and evaluates the progress made in terms of regulations and permitting. The article also examines recent administrative and judicial decisions addressing EJ claims and, in conclusion, provides recommendations for ways in which EJ issues can be better presented and addressed.