Incorporating environmental justice measures during environmental impact statement scoping

Executive Order 12898, open-quote Federal Actions to Address Environmental Justice in Minority Populations and Low-Income populations,close-quote directs Federal agencies to make environmental justice part of their mission by involving minorities and low-income populations and by identifying and addressing as appropriate disproportionately high and adverse human health and environmental effects of their programs, policies, and activities on minority and low-income populations. In the Presidential Memorandum transmitting the Executive Order it was stated that environmental justice should be taken into consideration under the National Environmental Policy Act of 1969 (NEPA). NEPA, with its systematic approach and requirements for alternatives analysis and comprehensive public participation, has served as one of the main mechanisms for involving the public in environmental decision-making. This paper addresses challenges faced by the Department of Energy in involving minority and low-income populations in the public involvement activities associated with a national-level environmental impact statement (EIS) and suggests ways to improve agencies' incorporation of environmental justice considerations in NEPA scoping