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In the previous article, I introduced the subject of Environmental justice (EJ) and discussed the environmental injustices that are prevalent in Ghana and why the need to advance EJ in Ghana is so important. In addition, I took readers on a historic journey of EJ and described how although EJ originated from the U.S., the principle is applicable in Ghana. In this article, I will be discussing some major EJ efforts by the U.S. and the lessons for Ghana. Enjoy!
EJ INITIATIVES IN THE U.S.
Since former President Clinton’s Executive Order 12898 in 1994, EJ has been featured in federal and state government activities in the environmental sector. It was not until 2020 that there began a robust surge in EJ efforts including EJ grants opportunities, regulatory activities, EJ policies, and new state EJ laws. I will discuss a few of these EJ efforts and how they could be replicated in Ghana.
Grassroot Advocacy and Activism
As history provides, there would not be EJ in the U.S. but for grassroots advocacy and protests. Advocacy is the birthplace of EJ. EJ advocacy groups can organize the communities where they live and operate because of their successful track record, extensive skill pool, and earned trust. EJ groups are achieving many successes at fighting environmental injustice across the U.S.– they are closing coal-fired power plants, getting lead out of drinking water, expanding access to sustainable and healthful housing, among other initiatives. As community members, EJ groups serve a better role in leading community-based EJ projects. After all, they have a better understanding of the EJ issues in their communities, and they know how they could be addressed. Therefore, the active partnership of community-based organizations is often an eligibility criterion for federal EJ grant opportunities.
As a first step, Ghana ought to have EJ advocacy and community-based groups, and it does not take environmentalists or specialists in certain fields of endeavor – everybody concerned about environmental issues can be on board. With much advocacy, Ghana could have done better in the fight against illegal mining activities (popularly called “galamsey”), which have become a threat to water bodies and forests. At the very least, advocacy appeals to the conscience of people, including polluters, better than mere government rhetoric which is not backed by real action and political will.
Government Commitment and EJ Grant Opportunities
In recent times, the American people have witnessed a deepened commitment to EJ from their government, demonstrated by the number of efforts being made by the Biden-Harris Administration to better confront environmental injustice. One example of such efforts is the launch of what has been described as “the most ambitious environmental justice agenda” in America’s history during President Biden’s first week in office, the signing of Executive Order 14008 on Tackling the Climate Crisis at Home and Abroad. Furthermore, on April 21, 2023, President Biden signed Executive Order 14096 on Revitalizing our Nation’s Commitment to Environmental Justice for All”.
Built on and supplementing the foundational efforts of former President Bill Clinton’s Executive Order 12898, the current executive order is to ensure that all people – regardless of their background, race, income, Tribal affiliation, ability, or zip code – would benefit from environmental protection as provided for in the nation’s environmental and civil rights laws. The President believes that “restoring and protecting a healthy environment — wherever people live, play, work, learn, grow, and worship — is a matter of justice and a fundamental duty that the Federal Government must uphold on behalf of all people.”
To walk the talk, the President has embarked on many initiatives, including the Justice40 Initiative, which dedicates 40% of the overall benefits of certain federal investments to improving EJ communities.
Several other EJ grant opportunities are available in the U.S., providing direct financial assistance to organizations and groups actively addressing EJ issues in their communities. Perhaps this year has been the year with the most EJ-related grant opportunities available in the U.S. As just one example, in February 2023, the Biden-Harris Administration announced a whopping $550 million from the President’s Inflation Reduction Act initiative towards a new Environmental Justice Thriving Communities Grantmaking (EJ TCGM) program under the U.S. EPA. These grants are awarded for community-based projects to address pollution and empower EJ communities. Entities that qualify for grants fall under various categories, and they include community-based nonprofit organizations, community-based nonprofit partnerships with higher institutions of education, and/ or state agencies.
This is exemplary, yet I can almost predict that such a grant initiative would not be given priority consideration in the expenditure budget of Ghana. As a developing nation, revenue is a challenge to many efforts. However, we do not have to be as wealthy as the U.S. to start acting. It would cost us more later. Fortunately, the U.S. federal government alone does not fund EJ projects; state agencies, cities, nonprofit financing entities, and philanthropic foundations, such as the Bezos Earth Fund and The Solutions Project supplement government’s efforts. Ghana could benefit from such philanthropic funding, but the government’s initiation is first required as a boost.
EJ Legislation and Policy Frameworks
EJ laws and policies establish the legal framework and tools needed for advancing EJ. With the emergence of EJ laws in the U.S., EJ communities are recognized for their environmental disparities and are made an integral part of the decision-making processes. Emerging EJ laws across various states in the U.S. are promoting transparency and demanding more public participation, especially by affected communities, giving them a voice in decisions that affect them. Communities are being empowered more to advocate for their rights and interests. The laws are also impacting policy direction in several states, leading to EJ considerations at different levels of agency programs and activities. In some states, permitting agencies have the power to deny permits to certain facilities, such as wastewater treatment plants, gas-powered power plants, and landfills, if analysis establishes that a new facility may have or increase a disproportionate environmental impact on a disadvantaged community.
At this point, Ghana must amend its twenty-nine-year-old EPA Act 490 to include EJ principles. In its current form, the Act makes no mention of EJ and has done very little to protect disadvantaged communities in Ghana. The Ghana EPA must be empowered and well-resourced to lead this effort through an amended Act and the agency policies.
Identifying and Engaging EJ Communities
Proactive engagement with residents in EJ areas (populations with high percentages of low-income and people of color) about specific programs and projects is an important element of EJ efforts. The U.S. EPA and some states have incorporated web-based geographic information system (GIS) mapping and screening tools that map communities of EJ concern for special consideration and engagement in certain programs and decision-making processes. The U.S. EPA’s EJSCREEN tool is based on a national dataset that combines environmental and demographic socioeconomic indicators into EJ indexes. This tool is accessible to the public, making it possible to generate reports of a given location with the help of the Internet. The tool is used by federal and state agencies to identify communities that should be given more attention in their work. The tool enables the U.S. EPA to have a more informed discourse about the vulnerability of a community relative to other communities. Community members, therefore, get opportunities for meaningful participation, ensuring that their concerns, perspectives, and needs are considered in decision-making processes that apply to their specific communities.
Other states use similar screening tools to serve some specific EJ purposes. At Illinois EPA, where I am an intern, the agency’s EJ Start mapping tool plays an important role in permitting process. It is used to determine if a facility applying for a permit is located in an area of EJ concern using low-income, minority, or a combination of both demographic indicators. A facility identified in the area of EJ concern may not be issued a permit until community members are duly notified about the permit application in writing and are given the opportunity to participate in decision-making processes by providing comments and participating in public hearings when necessary.
This is how far the U.S. has come with EJ efforts, with more work to be done. Ghana’s EPA has more to do in terms of community engagement in its permitting processes. Even though the guidelines require a proponent to conduct and submit an environmental impact assessment (EIA) to the EPA, the EIA only considers the impact on the environment in general, without considering the disproportionate impacts on the community where the proponent is located.
The guidelines do not ensure the meaningful involvement of the most affected communities in the decision-making process. But a meaningful participatory process should actively involve the people that matter most, and a mapping tool focused on EJ would be useful.
Conclusion:
To conclude, I am hopeful that the issues discussed will resonate with all Ghanaians; that EJ will become a topical issue in public discourse; that many EJ advocacy groups will spring up; that research institutions will embark on EJ research, and that Government will demonstrate commitment to EJ. The U.S. has the blueprint and Ghana needn’t reinvent the wheel.
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The author, James Mensah, is an environmental professional and currently a Graduate Public Service Intern at the Office of Environmental Justice, Illinois EPA, USA.
Email: jamemensah@gmail.com
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