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Executive Order 14096

Revitalizing Our Nation's Commitment to Environmental Justice for All

This executive order establishes a whole-of-government framework to advance environmental justice by requiring federal agencies to identify and address disproportionate environmental and health burdens on underserved communities. It mandates new Environmental Justice Strategic Plans, creates a White House Office of Environmental Justice with a Federal Chief Environmental Justice Officer, expands the White House Environmental Justice Interagency Council to 25 cabinet-level and agency members, and establishes new requirements for data collection, community engagement, and toxic chemical release notification.

Federal Register Open PDF 88 FR 25251

Impact dates

  1. Environmental Justice Assessments due (2 years after plans)

  2. Annual Attorney General civil rights compliance reports

  3. Annual EPA Clean Air Act section 309 reports

  4. Annual Interagency Council public meetings

  5. Annual summit on science, data, research and environmental justice policy

  6. Environmental Justice Science, Data, and Research Plan biennial updates

  7. Subsequent Environmental Justice Strategic Plans (every 4 years)

  8. Agency Environmental Justice Strategic Plans due to CEQ

  9. CEQ final guidance to agencies

  10. EPA public internet-based environmental justice clearinghouse

  11. CEQ interim guidance to agencies

Key directives

  • Each agency must make environmental justice part of its mission and address disproportionate effects of federal activities (Sec. 3)
  • EPA Administrator must annually report on Clean Air Act section 309 reviews regarding environmental justice communities (Sec. 3(b))
  • Attorney General must annually assess agency civil rights compliance and report to CEQ (Sec. 3(c))
  • Agencies must submit Environmental Justice Strategic Plans within 18 months, then every 4 years (Sec. 4(a))
  • Strategic plans must include vision, goals, priority actions, metrics, and identification of new staffing/policies/regulations (Sec. 4(b))
  • Plans must identify opportunities to improve accountability through regulations, permits, including increased public reporting, fenceline monitoring, and removing exemptions (Sec. 4(c))
  • Environmental Justice Assessments due 2 years after each strategic plan (Sec. 4(d))
  • OSTP must establish Environmental Justice Subcommittee of National Science and Technology Council (Sec. 5(a))
  • Subcommittee must prepare and biennially update Environmental Justice Science, Data, and Research Plan (Sec. 5(a)(iii))
  • Agencies must hold public meeting within 6 weeks of toxic chemical release, with 72-hour notice (Sec. 6(b))
  • EPA must establish public internet-based environmental justice clearinghouse by March 31, 2024 (Sec. 7(d))
  • CEQ must issue interim guidance within 6 months, final guidance within 18 months (Sec. 9)

Who is ordered

Timeline

Immediate

  • Establishment of White House Office of Environmental Justice and Federal Chief Environmental Justice Officer position
  • Expansion of Interagency Council membership and creation of Environmental Justice Officer roles in each agency
  • Agency obligation to begin integrating environmental justice into mission and decision-making

Near term (90d)

  • CEQ interim guidance due within 6 months (October 21, 2023)
  • Agencies must begin developing Environmental Justice Strategic Plans
  • EPA must begin annual reporting on Clean Air Act section 309 reviews

Long term

  • Environmental Justice Strategic Plans due by October 21, 2024 (18 months)
  • Environmental Justice Assessments due by October 21, 2026 (2 years after plans)
  • EPA clearinghouse due March 31, 2024
  • Final CEQ guidance due October 21, 2024
  • First presidential report due after strategic plan submission (~October 2025)
  • Biennial updates to Research Plan ongoing
  • 4-year cycle for strategic plan renewal

Risks & tensions

  • Implementation dependent on 'available appropriations' (Sec. 11(b)), creating funding uncertainty
  • Many directives use 'as appropriate and consistent with applicable law' or 'to the extent permitted by law,' limiting enforceability
  • Order explicitly disclaims creating enforceable rights (Sec. 11(c)), potentially limiting judicial recourse
  • Vague 'maximum extent practicable' standard for mitigation measures (Sec. 3(a)(vi))
  • Strong encouragement but not mandate for independent regulatory agencies (Sec. 4(h))
  • Potential tension between environmental justice goals and expedited permitting for infrastructure/energy projects
  • Data disaggregation by race and other categories may face political or legal challenges
  • Unclear staffing and resource commitments without specific budget allocations
Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All · Executive Orders