For decades, industrial zones, refineries, and power plants have jeopardized the health of low-income and communities of color. In Southern California, 71 percent of African-Americans and 50 percent of Latinos live in non-attainments areas. Nationally, people of color are three times more likely to be hospitalized or die from asthma and other respiratory illnesses linked to air pollutions. 

The Environmental Justice Act of 2007 would fully implement the 1994 Executive Order titled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (E.O. 12898) to ensure that all federal agencies and their programs and rules are appropriately protecting our nation’s most vulnerable communities. It requires the Environmental Protection Agency to fully implement recommendations included in three recent government reports and creates reporting requirements, including an update on the inclusion of environmental justice in the EPA’s emergency command response structure.

“For far too long federal agencies have disregarded the health of minority and low-income communities, choosing instead to reinterpret the Executive Order so that it fits the policies they want to promote,” said Solis, who was the first woman to be recognized with the John F. Kennedy Profiles in Courage Award for her pioneering work on environmental justice. “This legislation is a critical first step to achieving real and lasting justice for minority and low-income communities across this country. Codifying the Executive Order will empower communities without a voice to join in the fight to protect their health and welfare.”

“Healthy communities are important to everyone. And the simple truth is that our most vulnerable communities have not been treated fairly,” said Durbin. “Minority neighborhoods, the elderly and low-income communities bear disproportionate environmental risks and hazards and the investments and benefits to fix these problems are not equally distributed. This bill changes that by requiring the EPA to act to protect these communities from additional sources of pollution.”

“More than a decade after Executive Order 12898, the time has come for federal agencies to truly embrace the vision of empowered citizens and healthy communities,” Hastings said. “This legislation will mandate the EPA accountability that communities of color and low-income families have been dying to achieve for many years.  Through the open process that brought forth this legislation, the people have spoken!”

“We are introducing this bill today to ensure environmental protection for all communities. It is not only unacceptable; it is immoral to leave minority and low-income families bearing the brunt of our nation’s pollution problems,” Kerry said. “Unfortunately, the Bush Administration has turned the very definition of environmental justice on its head. We can do better - and we should start by passing this legislation.”

“Too often, federal actions affecting the environment have hurt Americans in minority and lower-income communities that in some eyes have seemed expendable,” Udall said.  Instead, federal policies must focus on providing clean, healthy and quality environments so these communities will have hope for the future and opportunities for their residents to improve their lives.  Our bill is intended to help achieve that goal.”

Several reports have noted the failure of the EPA to ensure its policies, rules and regulations protect environmental justice communities. In 2004, the Office of the Inspector General (OIG) at EPA found that this agency has not fully implemented the Executive Order nor has it defined or developed criteria for determining who is disproportionately impacted. In 2005 the Government Accountability Office (GAO) found that the EPA failed to consider the impact of its air regulations on minority and low-income communities, and in 2006 the OIG reported that the EPA "cannot determine whether its programs cause disproportionately high and adverse human health or environmental effects on communities of color and low-income populations."

The Environmental Justice Act of 2007 is endorsed by more than 15 organizations, including the Labor Council for Latin American Advancement, the Lawyer’s Committee for Civil Rights Under Law, the Center for Health, Environment and Justice, Communities for a Better Environment, the Mexican American Legal Defense and Educational Fund, the Environmental Justice Resource Center at Clark Atlanta University, Natural Resources Defense Council, Southwest Network for Environmental and Economic Justice, Beyond Pesticides, the National Hispanic Environmental Council, the National Small Town Alliance, the Center on Race, Poverty and the Environment, Advocates for Environmental Human Rights, and Earthjustice.