Environmental justice is 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. Fair treatment means that no group of people, including racial, ethnic, or socioeconomic group should bear a disproportionate share of negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies.
Meaningful involvement means that: (1) potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; (2) the publics contribution can influence the regulatory agencys decision; (3) the concerns of all participants involved will be considered in the decisonmaking process; and (4) the decsion-makers seek out and facilitate the involvement of those potentially affected.
Office of Environmental Justice, U.S. Environmental Protection Agency, Guide to Assessing and Addressing Allegations of Environmental Injustice, (Working Draft, Jan 10, 2001), available at <http://es.epa.gov/oeca/main/ej/index.html>.
EPA should make clear that the States must set standards to protect sensitive populations, specifically those individuals and communities that consume more fish and seafood than the general population. These communities need to be protected at the 95 percentile level of exposure and as a matter of policy, they should be protected at 106, not 104, for cancer risks [as the Agency proposed]. The objective should be to protect these communities at the same level as the general population.
EPA, Revisions To The Methodology For Deriving Ambient Water Quality Criteria For The Protection Of Human Health § 6.5 (EPA-822-R-99015) (1999), available at http://www. epa.gov/ost/humanhealth/peer.html.
review and comment in writing on the environmental impact of any matter . . . contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action to which [NEPA] applies, and (3) proposed regulations published by any department or agency of the Federal Government.
Id. If the Administrator determines that the action is unsatisfactory from the standpoint of public health or welfare or environmental quality[, the matter] shall be referred to the Council on Environmental Quality. Id.; see EPA, Guidance for Consideration of Environmental Justice in Clean Air Act Section 309 Review (1999), available at www.epa. gov/oeca/ofa/ej_nepa.html.
order does not apply to independent agencies, such as the Commission, and the Presidents memorandum that accompanies it states that it is intended to improve the internal management of the Executive Branch, and does not create any legally enforceable rights. Therefore, [an] EIS is not deficient for failing to include a specific discussion of this issue.
City of Tacoma, Washington, 86 FERC P 61,311 (1999).
[a]pproval of a resource management plan is considered a major federal action significantly affecting the quality of the human environment. The environmental analysis of alternatives and the proposed plan shall be accomplished as part of posed plan and related environmental impact statement shall be published in a single document.
Before you go to any additional expense related to providing additional information on water need, please be aware that even if the need issue were resolved completely in favor of the Regional Raw Water Study Group (RRWSG), I would still recommend denial of this permit. I do not want to mislead you or create a false impression that resolving the water need issue will change my position on the King William Reservoir. I believe the cumulative environmental impact of this project and the potential risk to the culture and economy of the Tribes would be too great. I do not believe that the ecology and diversity of the affected habitat could be replicated or that the losses that the Tribes would experience as a result of the project could be adequately compensated or mitigated.
Letter from Col. Allan B. Carroll, District Engineer, U.S. Army Corps of Engineers, to Mayor Joe S. Frank, City of Newport News (Feb. 3, 2000), available at http://www. mpra.org/ carroll.htm.