The many faces of environmental justice.

• Author: Nicholson-Choice, Maribel

Environmental justice is an issue that merits the attention of all environmental and land use lawyers, especially those who represent local governments and business clients subject to environmental regulation. The term is defined by the U.S. Environmental Protection Agency as "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." It has been further defined by the Florida Legislature as "the fair treatment of all people of all races, cultures, and income with respect to the development, implementation, and enforcement of environmental laws." However, these statutory and regulatory meanings have been overshadowed by the ever-changing meaning of the term within the environmental justice debate. There is little doubt that environmental justice has the potential to impact many businesses in Florida.

Today, regulators, environmental groups, universities, and community activists use the term environmental justice to describe a combination of technical and policy criticisms ranging from risk assessment methodology to governmental siting, enforcement, and cleanup decisions. Since environmental justice issues have many faces that often emerge in highly charged circumstances, these issues are difficult for businesses to resolve. However, experience has revealed that dialogue and the exchange of factual information, including scientific data, is the most cost-efficient approach for businesses to resolve environmental justice issues with regulators and local communities. It is clear that in order to prosper in the 21st century, public and private entities must be able to communicate effectively with very diverse environmental justice stakeholders.

Environmental Equity and Justice Study Commission

Significant attention has been given to this issue by policymakers in Florida since 1994. That year, the Florida Legislature created the Florida Environmental Equity and Justice Study Commission to collect data to determine whether the poor and people of color in Florida are subject to unequal enforcement of state environmental laws. The study commission found that African-Americans, Latino, and other people of color are more likely to live near targeted facilities in Florida, than upper and middle class whites. However, there was insufficient public health data available to determine...