144. Environmental Justice: What It Is and Why It’s Important to Power Projects

The U.S. Department of Energy (DOE) 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.” It says “fair treatment” means that no population bears a disproportionate share of negative environmental consequences resulting from industrial, municipal, and commercial operations or from the execution of federal, state, and local laws; regulations; and policies. “Meaningful involvement,” meanwhile, “requires effective access to decision makers for all, and the ability in all communities to make informed decisions and take positive actions to produce environmental justice for themselves,” according to the DOE. Environmental justice (EJ) has become a very important consideration when it comes to siting and/or expanding energy projects, including power plants. While many people associated with the power industry tend to focus on the benefits provided to communities when a project is developed, such as well-paying jobs and an increase in the tax base, people in the affected community may have a different view. They may be more focused on the negative effects, which could include an increase in harmful emissions, water usage, and heavy-haul traffic. “Communities are weighing the pros and cons of having industry there—having a job creator—and that, of course, generating additional economic activity. On the flip side, there are actual or perceived environmental or health issues,” Erich Almonte, a senior associate with King and Spalding, said as a guest on The POWER Podcast. King and Spalding is a full-service law firm with more than 1,300 lawyers and 23 offices globally, including a large team focused on energy-related matters. “It’s important to note that there really isn’t any ‘Environmental Justice Law.’ What we have instead are a use of current statutes and regulations that were perhaps designed for something else