How New Jersey is Addressing Environmental Justice

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How Does New Jersey Define Environmental Justice and Environmental Justice Communities?
How Does New Jersey Consider Environmental Justice in its Substantive Actions?
How Does New Jersey Address Environmental Justice in its Procedures?
Additional New Jersey Environmental Justice Provisions
New Jersey Environmental Justice Contacts
Where to Find New Jersey Environmental Justice Laws, Policies, and Tools

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How Does New Jersey Define Environmental Justice and Environmental Justice Communities?

Environmental Justice Definitions

New Jersey uses the EPA definition for environmental justice which is stated 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.” New Jersey “identif[ies] environmental justice communities using three sets of data: demographics, such as low-income households, minority status, and limited English proficient populations. [They] also consider the presence of disproportionate environmental and public health stressors. And finally, [they] consider the lack or absence of environmental and public health benefits.”

To identify environmental justice communities, Title VI has definitions to identify two types of “protected communities.” (1) Overburdened Community: Any community where 35 percent of the households qualify as low-income according to the U.S. Census, 40 percent of households are minority, or 40 percent of households have limited English proficiency. (2) Health Disparities: A health disparity is a particular type of health difference that is closely linked with social, economic, and/or environmental disadvantage. Health disparities adversely affect groups of people who have systematically experienced greater obstacles to health based on their racial and/or ethnic group; religion; socioeconomic status; gender; age; mental health; cognitive, sensory, or physical disability; sexual orientation or gender identity; geographic location; or other characteristics historically linked to discrimination or exclusion.

Environmental Justice Mapping Tools

New Jersey has greenlighted both an Environmental Public Health Tracking tool and a New Jersey Department of Environmental Protection (NJDEP) Mapping tool. As a result, NJDEP has published and maintains EJMAP, an Environmental Justice Mapping, Assessment, and Protection tool.

The New Jersey Department of Environmental Protection (NJDEP) operates NJ-GeoWeb, an interactive application for viewing, querying and analyzing both local and statewide areas of interest and environmental information.

How Does New Jersey Consider Environmental Justice in its Substantive Actions?

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

N/A

Consideration of Environmental Justice in Permitting

The Department of Permitting Coordination and Environmental Review coordinates all projects that are subject to National Environmental Policy Act (NEPA) and State Executive Order 215 (E.O. 215). Under E.O. 215, all agencies of the State must prepare and submit to the NJDEP an environmental assessment (EA) or environmental impact statement (EIS) in support of major construction projects.

Consideration of Environmental Justice in Enforcement

N/A

Consideration of Environmental Justice in Land Use

N/A

State Environmental Policy Act “Mini-NEPA”

New Jersey does have a Mini-NEPA law, E.O. 215 (1989) Environmental Assessment. The goal of E.O. 215 (1989) is “to reduce or eliminate any potential adverse environmental impacts of projects initiated or funded by the State” by requiring the submission of either an EA or EIS.

An EA is less comprehensive and less extensive than an environmental impact statement. The assessment does not need to contain an analysis of proposed alternatives to a particular project, although the level of project description and accompanying material (graphs, site plants, maps, and more) will be similar to an environmental impact statement. Altogether, the EA is more brief and less analytical than the environmental impact statement.

An EIS will cover the same issues as an environmental assessment but will include greater comprehensiveness and detail, especially regarding the descriptions and analyses of the potential environmental impacts. The most significant difference is that an EIS must include a list and description of all alternatives to the proposed project.

Additionally, N.J. Exec. Order No. 23, requires that “all executive branch departments and agencies shall consider the issue of Environmental Justice and make evaluations and assessments in accordance with that guidance, to the extent not inconsistent with law.” One example of this in action is found in the Final EIS (“FEIS”) of the Glassboro-Camden Line—a proposed 18-mile passenger rail line between Glassboro, NJ and Camden, NJ.The Glassboro-Camden Line conducted an environmental justice analysis by identifying the environmental justice communities within half a mile of the project and analyzing the potential disproportionate adverse impacts that the project would have on the communities. The Glassboro-Camden Line FEIS determined that there would not be disproportionate impacts on the environmental justice communities and that the project would actually benefit environmental justice communities, especially those that depend on public transportation. This kind of analysis is important for environmental justice initiatives because it takes a look at the costs and benefits that a project may have on particular overburdened communities.

Dedicated Funding to Environmental Justice Communities

NJ Dept. of Environmental Protection Grant and Loan Programs: The Environmental Justice Collaborative Problem-Solving (EJCPS) Cooperative Agreement Program provides funding to support community-based organizations in their efforts to collaborate and partner with local stakeholder groups (e.g., local businesses and industry, local government, medical service providers, and academia) as they develop and implement community-driven solutions that address environmental and/or public health issues for underserved communities. The grants are promoted on NJ DEP website.

Consideration of Cumulative Impacts

New Jersey has multiple considerations of cumulative impacts throughout their jurisprudence. Recently, in an act concerning environmental permits, S.232, the NJ legislature defined “cumulative impacts” as

an exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from any environmental pollution emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area.

Lastly, in 2009 the Cumulative Impacts Subcommittee of the Environmental Justice Advisory Council (EJAC), an advisory body that serves the NJDEP commissioner, submitted a report titled “Strategies for Addressing Cumulative Impacts in Environmental Justice Communities” which outlines recommendations for identifying a working definition of cumulative impacts (which S.232 later defined).

Prohibitions on Disparate Impact Discrimination

N/A

Established Environmental Rights

N/A

How Does New Jersey Address Environmental Justice in its Procedures?

Environmental Justice as Part of Environmental Agency’s Mission

NJDEP provides a toolkit that consists of tools and training to assist in considering environmental justice in respective communities in New Jersey.

Environmental Justice as Part of Other Agency’s Mission

N/A

Processes and Procedures (including Title VI)

Non-Discrimination Policy

Grievance Procedures

New Jersey has specific grievance procedures to file a complaint with NJDOT. If a person or group believes that they have been discriminated against, they may file a complaint with NJDOT within 180 of the violation.
To file a complaint with NJDOT Division of Civil Rights and Affirmative Action, you may contact them at the following address and number:
NJDOT/Division of Civil Rights/AA Title VI Coordinator
Title VI/Nondiscrimination Unit
1035 Parkway Avenue, P.O. Box 600
Trenton, NJ 08625-0600
(609) 530-3009

Enhanced Public Participation and Information Access

The NJDEP provides a toolkit for residents on how to get involved and support environmental justice in their community. The toolkit provides guidance and resources for how the public can participate:

Attend a NJDEP public meeting or submit comments;
Attend city and town council meetings;
Contact community, state and federal representatives to share comments about environmental justice issues;
Teach youth and others about environmental protection and environmental justice;
Participate in local organizing efforts.

The toolkit also provides resources to educate and inform the public on environmental justice developments and issues.

Executive Order states that the State of New Jersey is further committed to promoting the protection of human health and the environment, empowerment via public involvement, and the dissemination of relevant information to inform and educate, especially in people of color and low-income communities, particularly with Task Forces required to meeting with community members and publicly release reports.

Language Access

The NJ Department of Health has identified that one-third of all New Jerseyans (28.6%) speak a language other than English at home.

E.O. 13166 requires federal agencies to “examine the services they provide, identify any need for services to those with Limited English Proficiency (LEP) and develop and implement a system to provide those services to LEP persons can have meaningful access to them.” NJDOT’s implementation plan involves “I Speak Cards” that will help NJDOT staff determine what language a walk-in LEP person is speaking in order to contact appropriate support, contacting NJDOT linguistics assistance or an interpreter for LEP phone calls, and a system to arrange interpreter support.

The Judiciary has a Language Access Plan which was created to ensure the Judiciary’s compliance with the language access requirements of Title VI of the Civil Rights Act of 1964. The Plan updates the Judiciary’s existing language access standards and policies, sets out best practices to improve the language access services, and plans to establish a long-term program to ensure equal and meaningful access to the court.

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

NJ Office of Environmental Justice aims to “guide the DEP’s program areas and state agencies in working to achieve environmental justice, empower residents who are often outside of the decision-making process of government, and address environmental concerns to improve the quality of life in New Jersey’s overburdened communities.” The Environmental Justice Coordinator who oversees this guidance is Riche Smiley Outlaw.

Environmental Justice Advisory Board

EJAC is an advisory body that serves the Commissioner of the DEP. EJAC is “committed to the basic tenet set forth by the Environmental Justice Movement that all communities, regardless of their racial, ethnic, or economic composition, are entitled to equal protection from the consequences of environmental hazards.” The Council provides its meeting minutes as a resource for community members.

Funding for Environmental Justice

Additional New Jersey Environmental Justice Provisions

N/A

New Jersey Environmental Justice Contacts

New Jersey Department of Environmental Protection
401 East State Street, 7th floor East Wing
Mail Code: 402
Trenton, New Jersey 08625
Main Number: 609-633-0747
Fax Number: 609-984-3962

Where to Find New Jersey Environmental Justice Laws, Policies, and Tools

Constitutional Provisions

N/A

Executive Orders

What is Environmental Justice Executive Order 12898, enacted in 1994. Executive Order 12898 extends the protection of Title VI to low-income populations.
List of E.O.’s: https://www.nj.gov/dep/ej/policy.html.
Executive Order 131 (2014 EJ EO).