“Multi-State Guidance Affirming the Importance and Legality of Environmental Justice Initiatives.”
Ellen Thomas
The Trump Administration is stripping or will strip environmental justice issues from ongoing processes under the National Environmental Policy Act.
Two relevant examples are the Los Alamos National Laboratory Site-Wide Environmental Impact Statement (awaiting a final) and the pending Pit Production Programmatic Environmental Impact Statement.
Attorney Generals from 14 states have signed onto an “Multi-State Guidance Affirming the Importance and Legality of Environmental Justice Initiatives.”
A few excerpts:
The Attorneys General of California, Massachusetts, and New York, joined by the
Attorneys General of Arizona, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota,
New Mexico, Oregon, Rhode Island, and Vermont, issue this Guidance to affirm the importance
and legality of efforts to advance environmental justice, which seek a healthy environment for all
people across the United States in which to live, play, work, learn, and worship. We remain
committed to pursuing environmental justice and enforcing related laws in our jurisdictions...
Federal actions attacking environmental justice undermine the health of our residents, our
environment, and our economies. This Guidance seeks to address some of the concerns and
confusion raised by stakeholders in our states about their environmental justice efforts.
Stakeholders in the public and private sectors should feel assured that they can lawfully continue
actions to advance environmental justice, and that these actions remain critical for public health
and public welfare. Since this Guidance discusses the general legal bases for environmental
justice principles and practices, public and private entities should seek individualized legal
advice if they have questions about any specific practice or policy...
Recent Federal Actions Do Not Impact the Legality of Environmental Justice Efforts
The federal actions attacking environmental justice have created concerns about – but do
not impact – the continued legality and importance of environmental justice efforts. These
actions include several executive orders issued by President Trump, as well as memoranda issued
by United States Attorney General Pam Bondi. These federal actions inaccurately label
environmental justice and diversity, equity, inclusion, and accessibility activities as “illegal
discrimination.” They rescind prior executive orders embedding environmental justice principles
throughout federal administrative programs. They discontinue enforcement actions aimed at
addressing disproportionate environmental burdens and terminate federal environmental justice
programs and funding.25 The recent federal actions also direct the United States Department of
Justice to de-prioritize environmental justice in its enforcement work and to take actions to stop
the enforcement of state environmental justice laws that the United States Attorney General
deems illegal.26 These actions cloud the meaning of environmental justice and the legality of the
work itself. But the limited effect of these actions is clear: the President cannot alter the laws
passed by Congress, nor can his executive orders or agency memoranda change the
protections afforded by the Constitution or state law. Additionally, while complementary,
environmental justice is a distinct concept that addresses distinct challenges from diversity,
equity, inclusion, and accessibility. Like the best practices for workplace diversity, equity,
inclusion, and accessibility addressed in the February 2025 guidance from multiple state
attorneys general, the advancement of environmental justice is not only lawful but also benefits
the public.
-- Jay Coghlan, Executive Director Nuclear Watch New Mexico 903 W. Alameda #325, Santa Fe, NM 87501 505.989.7342 c. 505.470.3154 j...@nukewatch.org
