Part I of this Note introduces cumulative impact analysis (CIA) in environmental review law and provides an overview of NEPA and CEQA, focusing on their current CIA frameworks. Part II argues that the present provisions for CIA under NEPA and CEQA insufficiently consider environmental justice issues. Subpart II(A) describes environmental justice, explores the origins of the U.S. environmental justice movement, and explains why environmental justice values are important. Subpart II(B) offers an overview of Center for Community Action, highlighting Judge Rawlinson’s dissent. This Subpart also uses Center for Community Action as a key case study and launching point to discuss how current CIA requirements fail to serve environmental justice aims adequately. Finally, Part III proposes various modifications to NEPA and CEQA’s CIA requirements to help better address and prioritize environmental justice concerns in EAs. Proposed modifications include: (1) soliciting local community perspectives on how an action’s effects would interact with those of other actions; (2) conducting CIA at a regional scale; (3) managing CIA at a policy level or expanded regulatory level; (4) involving interagency coordination among multiple jurisdictions and government tiers; and (5) consulting with a national environmental baseline database.
Environmental Justice in Cumulative Impacts Analysis
