The Unintended Consequences of Environmental Justice

The article commences with a discussion of the Title VI issues that arise when a member of industry contemplates locating a facility in a community. Since the early 1990's there has been an increase in the claims that poor minority communities bear a disproportionate amount of the negative health and environmental risks (referred to as environmental racism) of the siting of hazardous facilities in their part of town. The authors discuss the effects on the population, the President's Executive Order 12898, "Federal Actions to Address Environmental Justice", the EPA's "Interim Guidance For Investigating Title VI Administrative Complaints Challenging Permits", the Chester case, and the EPA's administrative actions in the Louisiana Shintech case. They examine allegations that the EPA's application of its interim guidance may do real economic harm to the very low income, minority population that it is intended to benefit. They conclude by suggesting several ways for any industry to manage for the "environmental justice" risks of facility location by prior planning, educating all stakeholders, and evaluating the potential risks