Executive Order (14008) Tackling the Climate Crisis at Home and Abroad

On January 27, 2021, President Biden announced Executive Order (14008) titled “Tackling the Climate Crisis at Home and Abroad,”centering the climate crisis in foreign and national policy and planning. The Executive Order takes critical steps to direct federal agencies to develop programs, policies, and activities to address the disproportionate health, environmental, economic, and climate impacts on disadvantaged communities.

Notably, this Order creates the White House Environmental Justice Advisory Council (WHEJAC). Members include a total of 25 environmental justice leaders from across the nation that represents a diverse set of geographical regions. It also creates the White House Environmental Justice Interagency Council (IAC)  which is responsible for strengthening federal government efforts to combat environmental injustice and creating a data-driven Climate and Economic Justice Screening Tool in close consultation with the White House Environmental Justice Advisory Council.

Finally, the Order creates a federal government-wide mandate to direct federal investment such that 40% of the benefits flow to disadvantaged communities.

(One major problem with Executive Orders as “policy” is that it states the agenda of the President but does not create binding law because the President cannot enact law. This means that impacted communities cannot sue Agencies citing this Order, because it has not created any legal right. Instead, it provides an agenda to the administrative agencies, whose directors and secretaries serve at the pleasure of the President. Thus, an Executive Order is only enforceable by the President.)

White House Environmental Justice Advisory Council and White House Environmental Justice Interagency Council 

‍The Executive Order establishes a White House Environmental Justice Advisory Council (WHEJAC) and a White House Environmental Justice Interagency Council to strengthen monitoring and enforcement through offices at the Environmental Protection Agency (EPA), Department of Justice, and Department of Health and Human Services.

These are groundbreaking models that bring, for the first time, the input, expertise, and guidance of climate and environmental justice leaders to the President of the United States and his Cabinet.

The White House Environmental Justice Advisory Council (WHEJAC) members include a total of 25 environmental justice leaders from across the nation that represents a diverse set of geographical regions and will serve in a voluntary capacity. The WHEJAC will provide input and recommendations to senior leaders across government, including the Chair of the Council on Environmental Quality (CEQ) and the White House Environmental Justice Interagency Council on how to address current and historic environmental injustices.

For more information on the WHEJAC visit their webpage. The WHEJAC will complement the ongoing work of the National Environmental Justice Advisory Council (NEJAC) in the EPA. More information about NEJAC can be found on EPA.gov

The White House Environmental Justice Interagency Council (IAC) is led by the Chair of the Council on Environmental Quality, Brenda Mallory, and includes 18 agencies, such as the Secretary of Defense, the Secretary of Energy, the Secretary of Labor, and the Secretary of Interior.

The IAC is responsible for strengthening federal government efforts to combat environmental injustice by submitting “recommendations for further updating Executive Order 12898,” publishing an annual public performance score-card on the Order’s implementation, and creating a data-driven Climate and Economic Justice Screening Tool in close consultation with the White House Environmental Justice Advisory Council.

Justice40 Initiative 

The Executive Order also creates a government-wide Justice40 Initiative with the goal of delivering 40 percent of climate investment benefits to disadvantaged communities and track performances toward that goal through the establishment of an Environmental Justice Scorecard. The Order initiates the development of a Climate and Environmental Justice Screening Tool, building off EPA’s EJSCREEN, to identify disadvantaged communities, support the Justice40 Initiative, and inform equitable decision-making across the federal government.

The recommendations from the initiative are to focus on investments in the areas of clean energy and energy efficiency, clean transit; affordable and sustainable housing, training and workforce development, the remediation and reduction of legacy pollution, and the development of critical clean water infrastructure.

On May 21st the WHEJAC submitted their final recommendations cover letter to the Council of Environmental Quality and President Biden. This letter provides recommendations on the Justice40 initiative which include transformative investments be made in capacity building, technical assistance, and consultation, and creating a user-friendly federal process for the administration of funding and other support. Over the next few months, the WHEJAC will also consider and submit recommendations on the Scorecard, the administration and implementation of Justice40, and final recommendations on the Climate and Economic Justice Screening Tool.

Summary courtesy of Just Solutions Collective 

Analysis

Just Transition and Black Liberation principles, processes and practices are somewhat present in this policy.

How can it be ensured that impacted groups inform the design of legislative solutions around the specific problem? 

The White House Environmental Justice Advisory Council (WHEJAC) members include a total of 25 environmental justice leaders from across the nation that represents a diverse set of geographical regions. WHEJAC also provided recommendations for the J40 Initiative.

Does this policy address needs impacting diverse groups within Black communities (Black femmes, Black LGBTQ+ communities, Black immigrants, people in poverty, differently abled, people impacted by justice system)? 

This Executive order does not sufficiently address program specifics such that it would address the needs of diverse groups within Black communities. There is a concern that given that this is an executive order, there exists a limitation as to the impact of this law in helping Black communities.

How does the proposed policy solution re-distribute power from mainstream institutions to empower the impacted community?  

This Executive Order creates the Climate and Economic Justice Screening Tool which publishes interactive maps highlighting disadvantaged communities. This empowers federal administrative and state and local government to target interventions.

Several Agencies are also tasked with creating Climate Action Plans which disseminate data and information to improve adaptation and increase resilience. The Secretary of Commerce is also responsible for expanding and improving climate forecast capabilities to empower all levels of government to bolster climate planning and resilience activities.

Does this policy provide more decision-making power at the hands of Black communities? 

In part. The only substantial opportunity for Black community decision-making power is in the White House Environmental Justice Advisory Council, whose members are appointed by the President. Such members may include “those with knowledge about or experience in environmental justice, climate change, disaster preparedness, racial inequality, or any other area…” Given it being decided upon by the Presidents executive power, it might be limited in actually reaching Black communities for decision making power.

How does the proposed policy undermine extractive economies like capitalism and restore community power around a local and regenerative economy/ primary production? 

This Executive Order does not necessarily undermine capitalist modes in itself. While the climate finance plan promotes the flow of capital toward climate-aligned investments, there is no plan to include impacted groups in ownership of alternative entities. For example, the Secretary of Treasury is ordered to develop a plan for promoting protection of the Amazon rainforest and other critical global carbon sinks through market mechanisms, but this does not include local sovereign or community input.

The Order does seek to restore local primary production through infrastructure, conservation, agriculture, and reforestations job training. The Justice40 Initiative does provide an aggregate goal for 40% of Federal investments to benefit disadvantaged communities.

How does the proposed policy repair past harm and uphold civil and human rights, health and environmental protections?  

The Director of National Intelligence, Secretary of Defense, Chairman of the Joint Chiefs of Staff, and Secretary of Homeland Security are directed to develop their own analyses of the impacts of climate change on national and economic security, national defense, and war-game simulations and modeling. The Secretary of the Interior is ordered to review renewable energy siting on public lands and waters, pause new oil and natural gas leases on public lands and waters, and consider adjusting royalties on existing leases. These orders tend to stop existing harms at home and abroad.

The Agencies are ordered to identify any fossil fuel subsidies provided by their respective agencies, report them to the Office of Management and Budget, and take steps to ensure that Federal funding “is not directly subsidizing fossil fuels.” The Department of Justice is ordered to develop a comprehensive environmental justice enforcement strategy, and consider creating an Office of Environmental Justice.

These several recommendations would situate climate change and environmental justice considerations squarely in the purview of several major agencies. In particular, the leasing, subsidy, and justice elements of this order all speak to the public trust implications of government redress of environmental justice issues.