July 1, 2016August 1, 2026

Environmental Justice, before and after Executive Order 12898: What are agencies doing, how well are they doing it, and what else can be done?

This academic paper examines how U.S. federal agencies have addressed Environmental Justice (EJ) since President Clinton's 1994 Executive Order 12898, which required agencies to reduce disproportionate pollution burdens on low-income and minority communities. The author, a Bureau of Land Management social scientist, reviews agency compliance efforts, highlights case studies like the Flint water crisis, and argues that practical steps such as staff training and social science tools can help agencies consistently protect vulnerable communities regardless of shifting political priorities.

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This paper examines environmental justice requirements, best practices, and challenges facing federal agencies since Executive Order 12898. It explores the gap in EJ implementation after the order’s issuance, analyzes case studies from Porter Ranch and Flint, and proposes stopgap measures for consistent federal EJ compliance.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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