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Environmental justice refers to both a protest movement that emerged in response to unequal exposure to waste and a set of principles developed out of that movement. Growing out of a realization of social inequities relating to waste, the environmental justice movement has spurred consciousness throughout the United States and around the world about the racial and economic dimensions of waste production and management.

The term environmental justice has roots in the U.S. civil rights movement in both the rhetoric and organizational strategies used. Of particular note is the Memphis Sanitation Workers strike of 1968, which attracted international attention when Dr. Martin Luther King Jr. supported the strike (and was ultimately assassinated while participating in it). In 1982, an African American community in rural Warren County, North Carolina, protested that state's siting of a toxic waste dump. The residents were joined by national civil rights figures, including the Southern Christian Leadership Conference's (SCLC) Joseph Lowery.

While the protest was unable to stop the site's development, it inspired similar protests as well as research into the relationship between waste and race. Five years later, the United Church of Christ's Commission for Racial Justice published a study, “Toxic Wastes and Race in the United States: A National Report on the Racial and Social Economic Characteristics of Communities of Hazardous Waste Sites” that concluded that race was the dominant factor in the siting of waste in the United States.

Scholars and activists across the nation mobilized during this period, with sociologist Robert Bullard (who had worked on these issues in Houston as early as 1979) emerging as a leading advocate and scholar. Bullard advised the Clinton administration as it took office, upon which the Environmental Protection Agency established environmental justice guidelines.

Legislative History

Enacted by the U.S. Congress in 1969 and signed into law by President Richard Nixon on January 1, 1970, the National Environmental Policy Act of 1969 (NEPA) requires all federal agencies and programs to consider the impact of their actions on the environment. Provisions of the act require that federal programs must be administered in an environmentally sound manner. Of particular historical significance is Section 102(2)(c), which established the requirement of a detailed statement of the environmental impact of the proposed action, any adverse effects, and alternatives. This review process results in an Environmental Impact Statement that solicits expert testimony and data that is circulated to affected parties, is reported in the Federal Register, and includes public hearings. The review and corresponding comments are then used to mitigate any actions that are taken. Shortly after this landmark act was instituted, the Environmental Protection Agency (EPA) was established in 1970 to oversee this and other environmental protection legislation.

The earlier Civil Rights Act of 1964 and the provisions of Title VI-Nondiscrimination in Federally Assisted Programs, specifically Section 601, stated that “no person in the United States shall be excluded from participation in or otherwise discriminated against on the ground of race, color, or national origin under any program or activity receiving Federal financial assistance.”

In theory, this should have by default included a greater involvement of minority and underrepresented segments of the population when the NEPA process was enacted. However, this was often not the case when stakeholders most impacted by a proposed project were unaware of or unable to attend public hearings because of scheduling and location.

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