A New Hope, With a New NEPA: How Existing Environmental Impact Statements Fail to Protect People of Color at the Federal Level

Abstract

Environmental Justice is a highly complex issue which centers on the fight to ensure a healthy environment for communities of color, the effects of which have been largely ignored by the federal government. The National Environmental Policy Act (NEPA) contains promising mandates such as the creation of an Environmental Impact Statement wherein the federal government must consider how any projects it pursues could affect the quality and health of the surrounding natural and human environment. However, the law has been interpreted to require little judicial enforcement beyond meeting basic procedural requirements of the code and largely ignores the role racism plays in determining which communities suffer the brunt of the impact of harmful federal action. This Article concludes congressional legislative action is required to ensure there are more consistent, nuanced, and stronger protections for underserved communities and the creation of accessible avenues for affected communities to defend themselves. Further, the White House Council of Environmental Quality (CEQ) should be abolished to protect the longevity of improved regulations codified by Congress and ensure communities remain protected as the political pendulum swings between administrations.