Methods and Determinations of Environmental Justice Analyses in NEPA Assessments, 2016-2021

Since 1994, Federal agencies have been responsible for identifying and addressing disproportionately high and adverse impacts on environmental justice (EJ) populations, including minority and low-income populations. EPA defines environmental justice as the “fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” The environmental assessment process of the National Environmental Policy Act (NEPA) has been a primary regulatory process through which EJ analyses have been performed. We evaluated NEPA EJ analyses from a random sample of 100 Final Environmental Impact Statements (FEISs) completed between 2016 and 2021 to determine the specific methods and determinations of the analyses. We developed a coding rubric and classified documents according to metrics evaluating the EJ methods and determinations. We detected no consistent method used to identify EJ populations, with 28 different minority threshold combinations and 30 different low-income threshold combinations described. Twenty-seven FEISs did not conduct an EJ demographic analysis and thirty-four FEISs provided a page or less of EJ-related text. The results of this study show a need for defined EJ methods and improved regulatory guidance. Agencies may find the results of this study practically helpful when developing overall EJ guidance, and information regarding the demographic analysis process and specific mitigation measures may be helpful to EIS preparers at the project-level.