Engraved on the United States Supreme Court building is the phrase, “Equal Justice Under Law.” A just society can only exist when basic human rights are protected, regardless of socioeconomic status or environment. Yet many of the Earth’s most polluted and endangered ecosystems are home to marginalized communities, illuminating critical systemic problems that the environmental justice movement seeks to address through the law.
What Is Environmental Justice?
The U.S. EPA defines Environmental Justice 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.”
The environmental justice movement has expanded to recognize that inequity is rarely confined to a single issue, but instead intersects with environmental harm, public health, economic opportunity, and political power. Environmental justice issues are wide-ranging, but communities facing the highest exposure to pollution are often those with the least access to healthcare, the fewest economic resources, and the smallest voice in decision-making processes. As a result, actions must be at the systemic level to protect the vulnerable.
What Does Environmental Justice Look Like?
Environmental justice means access to clean drinking water, clean air to breathe, and minimal exposure to harmful chemicals, among other things. One example of what can happen without environmental justice is the now-infamous Flint Water Crisis, when a predominantly low-income, majority-Black community was exposed to contaminated drinking water due to policy decisions that ignored public health risks and community concerns.
To prevent such disasters from continuing to occur, communities must have a strong voice in decisions that affect their environment, reliable protections enforced equally across all neighborhoods, and proactive investment in infrastructure that keeps people safe. Recognizing and addressing the disproportionate burden that marginalized groups often face, ensuring that no community is treated as expendable when it comes to environmental health and safety, is also essential.
Environmental Justice at the State Level
As federal environmental protections change, states will take on a stronger leadership role. By prioritizing Environmental Justice principles, states can lay the groundwork for more equitable and effective environmental policy.
As declared by the First National People of Color Environmental Leadership Summit in 1991, there are 17 principles of Environmental Justice. Some include:
- Environmental Justice affirms the sacredness of Mother Earth, ecological unity and the interdependence of all species, and the right to be free from ecological destruction.
- Environmental Justice demands that public policy be based on mutual respect and justice for all peoples, free from any form of discrimination or bias.
- Environmental Justice mandates the right to ethical, balanced, and responsible uses of land and renewable resources in the interest of a sustainable planet for humans and other living things.
- Environmental Justice calls for universal protection from nuclear testing, extraction, production, and disposal of toxic/hazardous wastes and poisons, and nuclear testing that threaten the fundamental right to clean air, land, water, and food.
- Environmental Justice affirms the fundamental right to political, economic, cultural, and environmental self-determination of all peoples.
In practice, the exemplification of these principles can also include targeted funding for clean water infrastructure in underserved communities, stricter monitoring of industrial pollution in high-risk areas, and emergency response systems that prioritize vulnerable populations. States may also integrate environmental justice into climate resilience planning, ensuring that disaster preparedness and recovery efforts do not leave behind those most at risk.
Environmental justice at the state level is about turning broad principles into concrete protections. It requires consistent oversight, equitable investment, and a commitment to listening to the communities most affected by environmental harm. The State of California has a few environmental-justice organizations dedicated to making a difference. The California Environmental Justice Alliance (CEJA), for example, is a statewide coalition of grassroots environmental justice organizations, founded in 2001, and it’s easy to get involved. Getting involved also includes reaching out to your state government and advocating for the change you want to see.
Earning an Advanced Degree to Make a Difference
Anyone can make an impact towards environmental justice at the state level, but your involvement can be more impactful with an LLM degree, especially when environmental justice issues are often rooted in how laws are written, interpreted, and enforced.
Lewis & Clark’s LLM in Environmental Law is specifically designed for attorneys who want to address today’s global environmental legal issues. Choose one of the U.S. News & World Report verified best environmental law programs nationwide, with a standout curriculum that includes courses like Environmental Justice.