Environmental Justice: Federal Efforts Need Better Planning, Coordination, and Methods to Assess Progress
GAO-19-543
Published: Sep 16, 2019. Publicly Released: Oct 16, 2019.
Fast Facts
Environmental justice seeks to address the disproportionately high health and environmental risks found among low-income and minority communities by seeking their fair treatment and involvement in environmental policy. California's mostly minority and low-income community of West Oakland, for example, is surrounded by 3 freeways and a port. Its residents are exposed to diesel air pollution 3 times higher than the surrounding area.
Most federal agencies have plans to address environmental justice issues, but few assessed their annual progress. We made 24 recommendations, including that agencies update their plans and report on progress.
West Oakland sits next to a major port and freeways. Up to 3,000 trucks a day visit the port.
Photograph of an industrial part of West Oakland near the port.
Highlights
What GAO Found
Most of the 16 agencies that are members of the interagency working group on environmental justice—created by Executive Order 12898 in 1994—reported taking some actions to identify and address environmental justice issues, such as creating data tools, developing policies or guidance, and building community capacity through small grants and training. For example, the Environmental Protection Agency (EPA) created a mapping tool that can help identify low-income and minority communities exposed to health or environmental risks. Several agencies, such as EPA and the Departments of Justice, Homeland Security, and the Interior, also developed policies or guidance to analyze environmental justice issues during environmental reviews or enforcement activities. Most of the agencies supported their efforts with funds and staff from related programs, but EPA and the Department of Energy provided funds ($8.3 million in fiscal year 2018) and staff specifically for environmental justice.
Agencies' progress toward environmental justice is difficult to gauge, however, because most do not have updated strategic plans and have not reported annually on their progress or developed methods to assess progress. As they agreed to do in a 2011 Memorandum of Understanding (MOU), most of the agencies developed environmental justice strategic plans, but only six have updated them more recently. Few agencies have measures or methods for assessing progress, and the working group has not provided guidance to help agencies with such assessments. The number of agencies issuing annual progress reports has declined (see fig.). Updated strategic plans and annual progress reports, along with guidance on performance measures and methods, would help agencies provide essential information to assess their progress.
The working group, chaired by EPA, has developed committees and written agreements to carry out its responsibilities to coordinate agencies' environmental justice efforts, but it is not carrying out several functions in the 1994 Executive Order. GAO has found that collaborative mechanisms, such as the working group, benefit from clear goals, but the working group's organizational documents do not contain clear strategic goals aligned to address the order. Clear strategic goals to carry out the executive order could enhance the group's strategic direction for intergovernmental environmental justice efforts.
Why GAO Did This Study
Environmental justice seeks to address the disproportionately high distribution of health and environmental risks among low-income and minority communities by seeking their fair treatment and meaningful involvement in environmental policy. In 1994, Executive Order 12898 directed 11 federal agencies to identify and address environmental justice issues related to their activities and tasked an interagency working group to coordinate federal environmental justice efforts. In 2011, 16 agencies, including the 11 original agencies, recommitted to planning and reporting on environmental justice efforts by signing an MOU.
GAO was asked to review federal environmental justice efforts. This report examines agencies' environmental justice actions, strategic plans and progress reports, and working group collaboration. GAO reviewed agency environmental justice plans, reports, and funding data; interviewed agency officials; and compared working group collaboration to leading collaborative practices.
Recommendations
GAO is making 24 recommendations, including that agencies update environmental justice strategic plans and report on progress annually, and that EPA consult with other working group members to provide guidance on assessing progress and to set strategic goals. Of the 15 agencies with recommendations, eight agreed. Other agencies' responses included partial agreement, disagreement, and no comment. GAO continues to support its recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Commerce | The Secretary of Commerce should update the department's environmental justice strategic plan. (Recommendation 1) |
In April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice Executive Order 12898 and reiterates a requirement for each federal agency to submit an environmental justice (EJ) strategic plan, to the Council on Environmental Quality (CEQ) within 18 months of the April 2023 order and every 4 years thereafter. According to the order, each EJ strategic plan shall outline the agency's vision, goals, priority actions, and metrics to address and advance environmental justice, among other directives, based on guidance provided by CEQ. As of September 2024, the Department of Commerce agrees with our recommendation and plans to revise its EJ strategic plan by October 2024.
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| Office of the Assistant Secretary of Defense for Sustainment | The Assistant Secretary of Defense for Sustainment should update the department's environmental justice strategic plan. (Recommendation 2) |
In April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice Executive Order 12898 and reiterates a requirement for each federal agency to submit an environmental justice (EJ) strategic plan, to the Council on Environmental Quality (CEQ) within 18 months of the April 2023 order and every 4 years thereafter. According to the order, each EJ strategic plan shall outline the agency's vision, goals, priority actions, and metrics to address and advance environmental justice, among other directives, based on guidance provided by CEQ. As of September 2024, the Department of Defense agrees with our recommendation and plans to revise its EJ strategic plan by October 2024.
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| Department of Education | The Secretary of Education should update the department's environmental justice strategic plan. (Recommendation 3) |
In April 2020, Education stated that there are very few matters that come up under the Environmental Justice (EJ) Memorandum of Understanding. As a result, officials said they had decided to withdraw from the MOU but would keep in touch with the Environmental Protection Agency on issues that might arise.
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| Department of Homeland Security | The Secretary of Homeland Security should update the department's environmental justice strategic plan. (Recommendation 4) |
The Department of Homeland Security (DHS) completed an updated environmental justice strategic plan for fiscal years 2021-2025 in May 2021. As a result, DHS has a current plan to guide its environmental justice activities and help assess their progress.
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| Department of Housing and Urban Development | The Secretary of Housing and Urban Development should update the department's environmental justice strategic plan. (Recommendation 5) |
In April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice Executive Order 12898 and reiterates a requirement for each federal agency to submit an environmental justice (EJ) strategic plan, to the Council on Environmental Quality (CEQ) within 18 months of the April 2023 order and every 4 years thereafter. According to the order, each EJ strategic plan shall outline the agency's vision, goals, priority actions, and metrics to address and advance environmental justice, among other directives, based on guidance to be provided by CEQ. As of September 2024, the Department of Housing and Urban Development plans to revise its EJ strategic plan by October 2024.
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| Department of Justice | The Attorney General of the United States should update the department's environmental justice strategic plan. (Recommendation 6) |
In May 2022, Department of Justice (DOJ) leadership launched a new Office of Environmental Justice and announced a new comprehensive environmental justice enforcement strategy to guide the Department's work. In April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice Executive Order 12898 and reiterates a requirement for each federal agency to submit an environmental justice (EJ) strategic plan, to the Council on Environmental Quality (CEQ) within 18 months of the April 2023 order and every 4 years thereafter. According to the order, each EJ strategic plan shall outline the agency's vision, goals, priority actions, and metrics to address and advance environmental justice, among other directives, based on guidance provided by CEQ. As of September 2024, DOJ plans to revise its EJ strategic plan by October 2024.
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| Department of Labor | The Secretary of Labor should update the department's environmental justice strategic plan. (Recommendation 7) |
In April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice (EJ) Executive Order 12898 and reiterates a requirement for each federal agency to submit an EJ strategic plan, to the Council on Environmental Quality (CEQ) within 18 months of the April 2023 order and every 4 years thereafter. According to the order, each EJ strategic plan shall outline the agency's vision, goals, priority actions, and metrics to address and advance environmental justice, among other directives, based on guidance provided by CEQ. As of September 2024, the Department of Labor plans to revise its EJ strategic plan by October 2024.
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| Small Business Administration | The Administrator of the Small Business Administration should complete the agency's assessment of whether to participate in the 1994 Executive Order and the 2011 Memorandum of Understanding, and, if appropriate, develop an environmental justice strategic plan. (Recommendation 8) |
In April 2023, the Small Business Administration (SBA) stated that they had completed their assessment of whether to participate in the 1994 Executive Order and the 2011 "Memorandum of Understanding" (MOU). At the same time, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the 1994 environmental justice Executive Order 12898 by requiring agencies to develop an environmental strategic plan, among other things. In April 2023, the SBA said it had determined that it would not participate in the 1994 Executive Order or the 2011 MOU, but would develop a strategic plan under the 2023 Executive Order. In October 2023, SBA provided us a copy of its assessment. Because the agency conducted its assessment and has decided to develop a strategic plan, as appropriate under the 2023 Executive Order, we consider this recommendation implemented.
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| Department of Veterans Affairs | The Secretary of Veterans Affairs should update the department's environmental justice strategic plan. (Recommendation 9) |
In April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice (EJ) Executive Order 12898 and reiterates a requirement for each federal agency to submit an EJ strategic plan, to the Council on Environmental Quality (CEQ) within 18 months of the April 2023 order and every 4 years thereafter. According to the order, each EJ strategic plan shall outline the agency's vision, goals, priority actions, and metrics to address and advance environmental justice, among other directives, based on guidance provided by CEQ. As of September 2024, the Department of Veterans Affairs plans to complete an EJ strategic plan by October 2024.
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| Department of Agriculture | The Secretary of Agriculture should issue a progress report on the department's environmental justice efforts each year. (Recommendation 10) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Agriculture had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. As a result, the department will be better positioned to assess progress on its environmental justice efforts and to share that information with the public consistently and transparently. We consider this recommendation closed.
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| Department of Commerce | The Secretary of Commerce should issue a progress report on the department's environmental justice efforts each year. (Recommendation 11) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Commerce had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. We are following up with the department about plans for ongoing annual progress reporting and will provide additional information as it becomes available.
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| Office of the Assistant Secretary of Defense for Sustainment | The Assistant Secretary of Defense for Sustainment should issue a progress report on the department's environmental justice efforts each year. (Recommendation 12) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Defense had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. As a result, the department will be better positioned to assess progress on its environmental justice efforts and to share that information with the public consistently and transparently. We consider this recommendation closed.
|
| Department of Education | The Secretary of Education should issue a progress report on the department's environmental justice efforts each year. (Recommendation 13) |
In April 2020, Education stated that there are very few matters that come up under the Environmental Justice (EJ) Memorandum of Understanding. As a result, officials said they had decided to withdraw from the MOU but would keep in touch with the Environmental Protection Agency on issues that might arise.
|
| Department of Health and Human Services | The Secretary of Health and Human Services should issue a progress report on the department's environmental justice efforts each year. (Recommendation 14) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Health and Human Services had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. As a result, the department will be better positioned to assess progress on its environmental justice efforts and to share that information with the public consistently and transparently. We consider this recommendation closed.
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| Department of Energy | The Secretary of Energy should issue a progress report on the department's environmental justice efforts each year. (Recommendation 15) |
In January 2020, Department of Energy officials stated that they had issued progress reports for fiscal years 2017 and 2018 and would issue progress reports annually after this point. In July 2020, DOE issued a progress report for fiscal year 2019.
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| Department of Housing and Urban Development | The Secretary of Housing and Urban Development should issue a progress report on its environmental justice efforts each year. (Recommendation 16) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Housing and Urban Development had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. As a result, the department will be better positioned to assess progress on its environmental justice efforts and to share that information with the public consistently and transparently. We consider this recommendation closed.
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| Department of the Interior | The Secretary of the Interior should issue a progress report on the department's environmental justice efforts each year. (Recommendation 17) |
Interior issued guidance to its bureaus in 2020 on how to report on environmental justice activities during each year for fiscal year 2020 and beyond. The memo asked the bureaus to report activities under the five strategic goals in its environmental justice plan. As of July 2022, the department had issued annual environmental justice progress reports for fiscal years 2020 and 2021. By issuing progress reports each year, the department can have a more reasonable assurance that it has the information needed to assess its performance and to demonstrate results.
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| Department of Labor | The Secretary of Labor should issue a progress report on the department's environmental justice efforts each year. (Recommendation 18) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Labor had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. As a result, the department will be better positioned to assess progress on its environmental justice efforts and to share that information with the public consistently and transparently. We consider this recommendation closed.
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| Department of Transportation | The Secretary of Transportation should issue a progress report on the department's environmental justice efforts each year. (Recommendation 19) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Transportation had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. As a result, the department will be better positioned to assess progress on its environmental justice efforts and to share that information with the public consistently and transparently. We consider this recommendation closed.
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| Department of Veterans Affairs | The Secretary of Veterans Affairs should issue a progress report on the department's environmental justice efforts each year. (Recommendation 20) |
Subsequent to our recommendation, the White House issued two executive orders that reiterated the need to report progress on federal EJ efforts. The January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad," directed the Council on Environmental Quality (CEQ), Office of Management and Budget, and the U.S. Digital Service to develop a publicly available EJ Scorecard. The April 2023 Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All," directed agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ assessment that evaluates the plan's effectiveness within two years. This EJ assessment would serve as agencies' annual EJ progress report and be included among other items in the EJ Scorecard. As of September 2024, the Department of Veterans Affairs had reported progress on its EJ efforts in 2023 and again in 2024 through the newly established EJ Scorecard. As a result, the department will be better positioned to assess progress on its environmental justice efforts and to share that information with the public consistently and transparently. We consider this recommendation closed.
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| Environmental Protection Agency | The Administrator of EPA, as chair of the working group, should develop guidance for agencies on what they should include in their environmental justice strategic plans. (Recommendation 21) |
In April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice (EJ) Executive Order 12898 and reiterates a requirement for each federal agency to submit an EJ strategic plan, to the Council on Environmental Quality (CEQ) within 18 months of the April 2023 order and every 4 years thereafter. These plans were previously submitted to EPA under Executive Order 12898 before Executive Order 14008 named CEQ as the chair of a new White House Environmental Justice Interagency Council (IAC) to lead implementation of federal environmental justice efforts. According to Executive Order 14096, each EJ strategic plan shall outline the agency's vision, goals, priority actions, and metrics to address and advance environmental justice, among other directives, based on guidance to be provided by CEQ. CEQ issued such guidance on "Strategic Planning to Advance Environmental Justice" in October 2023 that provides a roadmap for what agencies should include in their EJ strategic plans. We consider this recommendation closed.
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| Environmental Protection Agency | The Administrator of EPA, as chair of the working group, should develop guidance or create a committee of the working group to develop guidance on methods the agencies could use to assess progress toward their environmental justice goals. (Recommendation 22) |
In April 2023, the Council on Environmental Quality (CEQ), Office of Management and Budget (OMB), and the U.S. Digital Service published the first phase of a publicly available Environmental Justice (EJ) Scorecard, as directed by the January 2021 Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad." Executive Order 14008 named CEQ as the chair of a new White House Environmental Justice Interagency Council (IAC) to lead implementation of federal environmental justice efforts, which were previously led by EPA. According to CEQ officials, the IAC is responsible for developing performance measures to show agencies' progress in implementing federal environmental justice goals. The first iteration of the EJ Scorecard provides baseline information on the status of agency efforts to meet environmental justice goals. To develop the scorecard, as part of the Justice 40 Initiative established by Executive Order 14008, CEQ and OMB provided interim guidance to agencies on how to identify and track how benefits of certain federal investments are reaching disadvantaged communities. Additionally, in April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice Executive Order 12898 as well as Executive Order 14008. Executive Order 14096 directs agencies to develop an EJ strategic plan and submit to CEQ and make public an EJ Assessment that evaluates the plan's effectiveness within two years, based on additional guidance to be provided by CEQ. This EJ Assessment would fulfill the Executive Order 12898 requirement for agencies to submit annual EJ progress reports and be included among other items in the EJ Scorecard. In October 2023, CEQ issued guidance on "Strategic Planning to Advance Environmental Justice" that provides a roadmap on what agencies should include in their EJ strategic plans and on specific performance measures for assessing progress toward their goals. We consider this recommendation closed.
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| Environmental Protection Agency | The Administrator of EPA, as chair of the working group, and in consultation with the working group, should clearly establish, in its organizational documents, strategic goals for the federal government's efforts to carry out the 1994 Executive Order. (Recommendation 23) |
In January 2021, the White House issued Executive Order 14008 "Tackling the Climate Crisis at Home and Abroad," which renewed the commitments of federal agencies to participate in federal environmental justice efforts. Executive Order 14008 named CEQ as the chair of a new White House Environmental Justice Interagency Council (IAC) to lead implementation of federal environmental justice efforts, which were previously led by EPA. One of the new IAC's stated directives under the order was to develop a strategy to address current and historic environmental injustice. The January 2021 order also established the goal of ensuring 40 percent of certain federal investments are reaching disadvantaged communities under the Justice 40 Initiative. Additionally, in April 2023, the White House issued Executive Order 14096, "Revitalizing Our Nation's Commitment to Environmental Justice for All." Executive Order 14096 builds on the foundational 1994 environmental justice Executive Order 12898 as well as Executive Order 14008.
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| Environmental Protection Agency | The Administrator of EPA, as chair of the working group, and in consultation with the other working group members, should update the 2011 Memorandum of Understanding and renew the agencies' commitments to participate in the interagency collaborative effort and the working group. (Recommendation 24) |
In January 2021, the White House issued Executive Order 14008 "Tackling the Climate Crisis at Home and Abroad," which renewed the commitments of federal agencies to participate in federal environmental justice efforts. It includes sections to achieve environmental justice through a number of actions. One of the actions was to create a White House Environmental Justice Interagency Council (IAC) chaired by the Council on Environmental Quality (CEQ). In February 2022, GAO met with CEQ officials and agreed that the recommendations made to EPA are relevant to CEQ's efforts. CEQ officials said that the members of the IAC are established under the Executive Order 14008 and that some agencies included in the previous interagency working group were no longer listed. Some agencies have volunteered to participate in the IAC's efforts despite not being named as members. The memorandum of understanding no longer needs to be updated because Executive Order 14008 identified member agencies of the IAC. We consider this recommendation closed.
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