Michigan's Environmental Justice Directive

Environmental justice is a nice idea-- that everyone will be treated fairly, particularly in regards to environmental waste and hazards-- but it can be difficult to talk about, simply because the words "environmental justice" aren't always familiar to people. But maybe the words are a little more familiar to those who follow Michigan legislation and policy. Did you know that there is a Michigan Executive Directive to promote and encourage environmental justice in the state? I've copied the directive below.

There are several notes of interest in this document. One, the directive includes the state's definition of environmental justice (I've highlighted it in blue).

Two, part of the directive says that
"In developing the state environmental justice plan, the Department shall actively solicit public involvement." This is one of the areas of environmental justice that is very hard to achieve. How do you schedule and run meetings so that community members really can come and discuss what they think of a new project, or share their concerns about waste or environmental health? How do you ensure that everyone knows about the meeting? 

What do you think? Have you seen evidence of this directive being put into action?

The Department of Environmental Quality also hosts an Environmental Justice Working group which meets frequently throughout the year (their next meeting is July 13, 2009). The state has just announced massive budget cuts to the DEQ; it will be interesting to see where exactly the cuts are made.

EXECUTIVE DIRECTIVE No. 2007 - 23

PROMOTING ENVIRONMENTAL JUSTICE

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible to take care that the laws be faithfully executed;

WHEREAS, under Section 52 of Article IV of the Michigan Constitution of 1963, the conservation and natural resources of the State of Michigan are of paramount public concern in the interest of the health, safety, and welfare of the People of the State of Michigan;

WHEREAS, under Article I of the Michigan Constitution of 1963, state government is instituted for the equal benefit, security, and protection of the People of the State of Michigan, and no person may be denied the enjoyment of his or her civil or political rights because of religion, race, color, or national origin;

WHEREAS, the fair, non-discriminatory treatment of all people is fundamental to the development, implementation, and enforcement of environmental laws, regulations, and policies;

WHEREAS, when government acts, careful attention to civil rights can facilitate fair and non-discriminatory treatment, and meaningful public involvement can provide citizens with a more effective voice in decisions affecting their community;

WHEREAS, state government has an obligation to advance policies that foster environmental justice, social well-being, and economic progress;

WHEREAS, initial efforts by an advisory work group organized by the Department of Environmental Quality reveal that the development of environmental justice plans will further equal protection and public health, safety, and welfare;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, direct:

I. DEFINITIONS

As used in this Directive:

A. "Department of Environmental Quality" or "Department" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. "Environmental justice" means the fair, non-discriminatory treatment and meaningful involvement of Michigan residents regarding the development, implementation, and enforcement of environmental laws, regulations, and policies by this state.

II. DEVELOPMENT ENVIRONMENTAL JUSTICE PLANS

A. The Department of Environmental Quality shall develop and implement a state environmental justice plan to promote environmental justice in Michigan.  The plan shall do all of the following:

1. Identify and address discriminatory public health or environmental effects of state laws, regulations, policies, and activities on Michigan residents, including an examination of disproportionate impacts.

2. Include measures to prevent discriminatory or negative public health or environmental effects of state laws, regulations, policies, or activities, including, but not limited to, disproportionate negative impact of state laws, regulations, policies or activities relating to public health and the environment.

3. Provide policies and procedures for state departments and agencies to ensure that environmental justice principals are incorporated into departmental and agency decision-making and practices.

4. Include recommendations for other state departments and agencies whose functions and responsibilities impact environmental justice.

5. Recommend mechanisms for members of the public, communities, and groups to assert adverse or disproportionate social, economic or environmental impact upon a community and request responsive state action.

6. Ensure consistency with federal environmental justice programs and recommend specific mechanisms for monitoring and measuring the effects of implementing the plan.

7. Assure implementation in a manner that maximizes the promotion of environmental justice while minimizing or eliminating potential adverse or disproportionate social, economic, or environmental impact.

B. In developing the state environmental justice plan, the Department shall actively solicit public involvement.

C. The Department shall establish an environmental justice working group of state officials and members of the public to do all of the following:

1. Assist in the development of the state environmental justice plan.

2. Identify state departments and agencies that could benefit from the development of a departmental or agency environmental justice plan.

3. Assist in the development of departmental or agency environmental justice plans and review the plans for consistency with the state environmental justice plan.

4. Recommend measures to integrate and coordinate the actions of state departments to further the promotion of environmental justice in this state.

5. Recommend environmental justice performance goals and measures for the Department and other state departments and agencies with departmental or agency environmental justice plans.

6. Review the progress of the Department and other departments and agencies with environmental justice plans in complying with the plan and promoting environmental justice.

D. The Department may require a department or agency to develop and adopt a departmental or agency environmental justice plan, in cooperation with the Department, if the Department determines that development by a department or agency would promote environmental justice within this state.

E. State departments and agencies shall cooperate with the Department of Environmental Quality as necessary to implement this Directive.

F. The Department of Environmental Quality shall report to the Governor on its progress in implementing this Directive not later than July 1, 2008.  The Department also shall prepare an annual report to the Governor on state activities to promote environmental justice.

This Directive is effective immediately.

Given under my hand this 21st day of November in the year of our Lord, two thousand and seven.

____________________________________
JENNIFER M. GRANHOLM
GOVERNOR

Comments

[David Poulson]

Public involvement does not have to mean public meetings. In fact, public meetings may be the worst way of getting the public involved. They tend to attract people who hold views on the extremes. They're motivated to come, so they're the ones who show up. And they drown each other out.
But what about the great mass of people in the middle? Do not their views count? And what about those who simply are not aware of the issues at stake? If they were, they might weigh in. But as they're not, why would they attend a meeting.
One way public agencies should be gathering input is through forums such as this one. Technology helps. And yet...it's not just a technology issue. Government, and other bodies seeking public input, needs to be proactive. Issuing a meeting invitation is a passive solitication for input. If you want public input, sometimes you have to go pry it out of the public.
That's not a simple task.