The discussion on environmental justice in the United States

The notion of environmental justice, as far as can be seen, has never been used in European Community (EC) environmental legislation or, indeed, by the European judiciary, i.e. the European Court of Justice (ECJ) or the Court of First Instance (CFI). In trying to explain the reason for this, it is necessary to have a look at the origin of this notion. It is obvious that it does not stem from (continental) European law, but that it was developed in the United States, thus in the context of Anglo-Saxon law. Moreover, the notion seems to stem from social science rather than law.

The concept of environmental justice first appeared at the US federal level in the Presidential Executive Order 12898 of 1994. This Order, entitled ‘Federal actions to address environmental justice in minority populations and low income populations’, asked the federal administration to address the impact of environmental measures on minority populations and low-income groups. It was a reaction to the fact that studies, reports and publications since the early 1970s had linked the siting of waste facilities with race. They had also shown that poor people and people of colour in the United States suffered disproportionately from environmental risks or pollution, and that they had greater difficulties in accessing information, in participating in decision-making and in accessing courts in environmental matters. Subsequently, public policy addressed these issues.