By Sia Satish • NJ Chapter Youth Committee
The state Department of Environmental Protection (DEP) proposed the final rules of New Jersey’s environmental justice law (S232) on June 6, 2022. The law states that the environmental and public health of overburdened communities in New Jersey must be considered before allowing permits for the expansion and new construction of polluting facilities in those areas.
This bill was passed in 2020 and is often deemed one of the nation’s most aggressive environmental justice laws. It ensures that disadvantaged communities have a say in the development of incinerators, sludge processors, sewage treatment plants, transfer stations and other major polluters.
As defined in the law, overburdened communities are areas where at least 35% of households are low-income, at least 40% of residents identify as a minority, or at least 40% of households have limited English proficiency. This classification encompasses 348 municipalities or close to 5 million people statewide.
Overburdened communities tend not to benefit nearly as much as middle class communities when anti-pollution environmental laws are enacted, and due to high living costs and residential discrimination, low-income and minority communities are often found near factories, truck routes, ports, and other sources of pollution.
Thus, in many cases, predominantly minority communities are impacted disproportionately by air pollution. High levels of air pollution lead to various illnesses, from cardiovascular disease to cancer.
The law explains that the adverse health effects caused by pollution may impair a child’s potential to succeed and that long-term impacts also can limit growth, stability, and familial well-being.
The environmental justice law will not affect permitting of facilities unless they would be new, undergo a significant use change, or have a major expansion. An expansion is defined as any change that increases the environmental impact of a facility, such as paving or increased energy generation.
Moreover, applicants who wish to build or expand in overburdened communities must host a public hearing, allow public comments for at least 60 days, and provide an environmental and public health impact statement for the proposed project. The law has required the DEP to publish a list of all overburdened communities in New Jersey, and this must be updated at least once every two years.
The state Legislature declared that no community should suffer environmental injustice from economic growth and minority communities must have a voice in decisions regarding these facilities. Despite these protections, developers may still win permits for their projects if they can demonstrate a “compelling public interest.” In addition, the law does not require pollution reductions at facilities if their expansion would not increase pollution.
For these reasons, the Lewis and Clark Law School, located in Oregon, contends the law should give impacted communities the final say in accepting these projects, and minor sources of pollution also should be covered by the law.