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1 1 (July 19, 2023)

handle is hein.crs/govemgf0001 and id is 1 raw text is: S Congressional ______ R esearchS rvice Environmental Justice and the National Environmental Policy Act July 19, 2023 In spring 2023, Congress amended the National Environmental Policy Act (NEPA) as part of the Fiscal Responsibility Act (P.L. 118-5). Weeks earlier, President Biden issued Executive Order (E.O.) 14096. Both actions affect how the federal government considers the impacts of federal actions, which may include environmental justice considerations. E.O. 14096 defines environmental justice to mean the just treatment and meaningful involvement of all people in agency decision-making and actions regardless of income, race, color, national origin, Tribal affiliation, or disability. NEPA and its implementing regulations provide a procedural framework by which agencies may consider the environmental effects of their actions. Through executive orders, the President has directed or encouraged agencies to include effects that relate to environmental justice during their decision-making processes. This Sidebar describes procedures for the consideration of community input and impacts under NEPA, explains how E.O. 14096 affects agency consideration of environmental justice during the NEPA process, discusses how the federal courts have reviewed agency evaluations of the environmental justice effects of proposed actions, and offers considerations for Congress. Agency Decision-Making Under NEPA NEPA requires federal agencies to identify and evaluate the impacts of major Federal actions significantly affecting the quality of the human environment. The range of agency actions subject to NEPA varies considerably and commonly includes activities such as issuing permits and expanding infrastructure. Prior to finalizing many decisions, NEPA requires federal agencies to assess reasonably foreseeable environmental effects of proposed actions and consider alternatives to those actions. NEPA also established the Council on Environmental Quality (CEQ), which issues regulations and guidance on the implementation of NEPA. CEQ houses the Office of Environmental Justice pursuant to E.O. 14096 and has issued Environmental Justice: Guidance under the National Environmental Policy Act. The 2023 NEPA amendments may result in CEQ and other agencies updating their NEPA regulations. For further information on the 2023 NEPA amendments, see this CRS In Focus. Congressional Research Service https://crsreports.congress.gov LSB11008 CRS Legal Sidebar Prepared for Members and Committees of Congress

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