How Louisiana is Addressing Environmental Justice

Environmental Justice Definitions

Louisiana adopts the EPA definition of 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.”

Environmental Justice Mapping Tools

N/A

Environmental Justice as a Policy of the Environmental Agency or Across All Agencies

N/A

Consideration of Environmental Justice in Permitting

N/A

Consideration of Environmental Justice in Enforcement

N/A

Consideration of Environmental Justice in Land Use

N/A

State Environmental Policy Act “Mini-NEPA”

While Louisiana does not have a mini-NEPA created by Act or directly imposed by statute outside of carbon capture and storage permitting where it is codified under La. R.S. 30:1104.1), La. R.S. 30:2018 paragraph H references the duty set forth in the public trust mandate in Article IX, Section 1 of the Constitution of Louisiana and by the Supreme Court of Louisiana in Save Ourselves v. Louisiana Environmental Control Commission, 452 So.2d 1152 (La. 1984).

The court in Save Ourselves found that the Louisiana constitution “imposes a duty of environmental protection on all state agencies and officials, establishes a standard of environmental protections, and mandates the legislature to enact laws to implement fully this policy.” Later court decisions summarized the agencies’ duty as addressing five issues: First, have the potential and real adverse environmental effects of the proposed facility been avoided to the maximum extent possible? Second, does a cost benefit analysis of the environmental impact costs balanced against the social and economic benefits of the proposed facility demonstrate that the latter outweighs the former? Third, are there alternative projects which would offer more protection to the environment than the proposed facility without unduly curtailing non-environmental benefits? Fourth, are there alternative sites which would offer more protection to the environment than the proposed facility site without unduly curtailing non-environmental benefits? Fifth, are there mitigating measures which would offer more protection to the environment than the facility as proposed without unduly curtailing non-environmental benefits?

While Environmental Justice is not explicitly mentioned, the processes give room to raise considerations of adverse impacts and cumulative impacts on endangered communities.

Dedicated Funding to Environmental Justice Communities

N/A

Consideration of Cumulative Impacts

N/A

Prohibitions on Disparate Impact Discrimination

N/A

Established Environmental Rights

N/A

Environmental Justice as Part of Environmental Agency’s Mission

N/A

Environmental Justice as Part of Other Agency’s Mission

N/A

Processes and Procedures (including Title VI)

Non-Discrimination Policy

N/A

Grievance Procedures

N/A

Enhanced Public Participation and Information Access

The Office of Environmental Services: Public Participation and Permit Support Services is the division under the LDEQ that deals with public participation as a policy. However, the LDEQ website says nothing about public participation and the process that it entails and merely lists contact information for the Office of Environmental Services.

Language Access

N/A

Consultation with Indigenous Communities and Tribal Nations

N/A

Governmental Environmental Justice Structures, Positions, and Funding Streams

Environmental Justice Coordinating Agency

N/A

Environmental Justice Coordinator

N/A

Environmental Justice Advisory Board

N/A

Funding for Environmental Justice

N/A

N/A

Office of Environmental Services
Division: Public Participation and Permit Support Services
Galvez Building, 602 North Fifth Street
Baton Rouge, LA 70802
Phone: (225) 219-3035
Fax: (225) 219-3309

Constitutional Provisions

N/A

Executive Orders

N/A

Legislation and Statutes

• La. Stat. Ann. § 30:2011.2

Regulations

N/A

Policies/Guidance

N/A

Mapping Tools

N/A

Other

N/A