Governor Brown recently issued a directive to the California Environmental Protection Agency (CEPA) to draft a report that tracks and assesses various environmentally harmful conditions such as greenhouse gas emissions, criteria air pollutants, toxic air contaminants, and other pollutants prevalent in disadvantaged communities. The order also directs CEPA to investigate other indicators of environmental health dangers in connection with air pollutants in these communities. The report would provide critical information to agencies as to whether the current regulatory scheme is meeting its goals, and specifically how disadvantaged communities are faring under these policies. The information gathered under this directive will be used by the California Air Resources Board in updating the scope of AB 32, which sets forth the state’s plan for complying with greenhouse gas reduction goals.

The Governor’s directive is a response to the disproportionate levels of exposure to air pollution in disadvantaged areas and low income communities. This discrepancy may be exacerbated by the implementation of the state’s cap-and-trade program. Critics of the cap-and-trade program emphasize that polluters must be incentivized to reduce air pollutants in minority or disadvantaged communities that suffer from a lack of effective environmental policies.

Governor Brown’s order is a culmination of efforts by environmentalists and grassroots environmental justice advocates to understand the long term impact of air pollution on disadvantaged communities. But advocates emphasize that gathering data is just the first step in lowering the environmental burden imposed on disadvantaged communities. Environmental equity must include passing legislation to ensure that these populations receive the benefits of programs aimed at pollution reduction and that polluters are held accountable for employing tactics to avoid lowering their emissions output. The latter is especially relevant in communities that lack the political influence to ensure the cooperation of companies with high pollution outputs.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.