Institutionalization of Environmental Justice in Virginia

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Early Advocacy and Community Mobilization

The journey toward institutionalizing environmental justice in Virginia is a testament to the work of grassroots activists' and community organizations' persistent pressuring of elected officials and decision-makers.

1980s

Photograph of Mrs. Cora Tucker.
Mrs. Cora Tucker, photograph from Documentary Spotlights Legacy of Civil Rights Activist Cora Tucker, The Gazette-Virginian, April 18, 2023.

Mrs. Cora Tucker was a Black civil rights activist from Halifax County,[1][2][3][4] [5][6] who led a fight against uranium mining and milling in southern Virginia.[7] She founded an organization known as Citizens for a Better Environment, which under her leadership mobilized farmers, civil rights activists, and residents to resist the uranium industry's powerful lobbying efforts, framing the issue as environmental racism.[8] Tucker's work set a precedent for addressing environmental risks as civil rights issues, particularly in rural Black communities in Virginia that had historically been overlooked.[7]

1990s

Residents of Virginia's King and Queen Counties faced the proposed expansion of a polluting landfill. To fight against it, they formed Residents Involved in Saving the Environment (RISE), Inc., highlighting the disproportionate exposures of Black residents to environmental hazards.

To stop the landfill, RISE, Inc. sued the King and Queen County Board of Supervisors, who then included Robert A. Kay, and the legal case was named RISE, Inc. v. Kay.[9] Although unsuccessful in court, RISE, Inc. v. Kay elevated the issue of environmental racism in Virginia's political discourse.

An influential outcome of RISE, Inc. v. Kay was that while the court ruled the landfill would have a disproportionate impact on African American residents, there was no evidence of intentional racial discrimination.[9] The case underscored the challenges of proving discriminatory intent in environmental justice litigation and led to a definition of environmental justice in Virginia as the absence of intentional discrimination that is still used today by public officials.

First Wave of Environmental Justice Policymaking and Actions

Figure 12 from the 1995 JLARC report: Solid Waste Facility Management in Virginia: Impact on Minority Communities
Figure 12 from Solid Waste Facility Management in Virginia: Impact on Minority Communities, JLARC, 1995.

As a direct response to RISE, Inc. v. Kay and ongoing constituent complaints across the state, the Virginia General Assembly passed House Joint Resolution 529 (HJR 529) in 1993. HJR 529 commissioned the Joint Legislative Audit and Review Commission (JLARC) to study the impact of the state's solid waste siting policies on communities of color.

The JLARC report, Solid Waste Facility Management in Virginia: Impact on Minority Communities, was presented to the Virginia General Assembly in 1995. The report revealed that landfills were disproportionately located in areas with larger populations racial minorities and lower-income residents but no evidence of intentional race-based discrimination. The report highlighted the lack of public engagement and inadequate consideration of community voices in the landfill siting process but determined the observed disparities did not constitute environmental racism. These findings were framed according to RISE, Inc. v. Kay,[9] which defined environmental justice as the absence of intentional discrimination.

Continued Advocacy and Political Engagement

The Southeast CARE Coalition emerged as an advocate for residents of Southeast Newport News, calling on state and local governments to investigate toxic environmental pollutants, notably coal dust. This advocacy called for renewed attention, commitments and official state action to address environmental racism.

In 2015, Southeast CARE Coalition, New Virginia Majority, Appalachian Voices, Virginia Interfaith Power and Light, Chesapeake Climate Action Network, Faith Alliance for Climate Solutions, Mothers Out Front, Moms Clean Air Force, Sierra Club Virginia Chapter, Virginia Conservation Network, Virginia Organizing, and employees at the University of Richmond partnered to form the Virginia Environmental Justice Collaborative (VEJC) with the goals of coordinating and bolstering environmental justice efforts across Virginia. The VEJC amplified the voices of affected communities and advocated for systemic change.

In 2017, VEJC submitted a formal proposal for a state-level environmental justice advisory body[10] as part of the public comment period for Executive Order (EO) 57, which focused on carbon mitigation from electricity generation. The VEJC was successful, and their proposal led to the creation of the Governor's Environmental Justice Advisory Council, through Executive Order 73 by Governor Terry McAuliffe, now known as the Virginia Council on Environmental Justice.

Executive Actions and Legislative Milestones

Virginia Council of Environmental Justice (VACEJ)

Continued pressure from grassroots activists across Virginia compelled Governor McAuliffe (2014–2018) to include environmental justice on his administrative agenda. When Governor McAuliffe issued EO 57, the VEJC submitted a proposal for a state-level environmental justice advisory body as part of the public comment period. In response, Governor McAuliffe issued EO 73, establishing the Governor's Environmental Justice Advisory Council to provide independent guidance to the Executive Branch on an action-oriented approach to environmental justice in state decision-making. The Council convened its first meeting on December 17, 2017. These were the first official efforts related to environmental justice in Virginia in over 20 years.

Environmental justice continued to be a focal point of the next governor, Governor Ralph Northam (2018–2022). To affirm the Council's continued relevance, Governor Northam issued EO 29, establishing the now-named Virginia Council on Environmental Justice (VACEJ) on January 22, 2019. The Virginia General Assembly voted to make the VCEJ permanent by passing House Bill (HB) 1042 and Senate Bill (SB) 883.

HB 1042 and SB 883 "Establishes the Virginia Council on Environmental Justice, consisting of 27 members, to advise the Governor and provide recommendations intended to protect vulnerable communities from disproportionate impacts of pollution and provide such communities meaningful involvement in the decision-making process. The bill provides that 21 members of the Council are appointed by the Governor and six are specified Cabinet Secretaries."

Read more: Virginia Council on Environmental Justice

Residents of Buckingham County at a town hall meeting about a proposed compressor station in Union Hill, Virginia.
Residents of Buckingham County at a town hall meeting about a proposed compressor station in Union Hill, Virginia. Photograph by Steve Helber.[11]
Pastor Paul Wilson of Union Hill and Union Grove Baptist churches in Buckingham County.
Pastor Paul Wilson of Union Hill and Union Grove Baptist churches in Buckingham County. Photograph by Robert Zullo.[12]

Virginia Environmental Justice Act

Because of continued grassroots activism, Virginia's elected officials made environmental justice a priority in 2020 with the passage of the Virginia Environmental Justice Act. This included a high-profile effort to block the permit of a proposed natural gas compressor station in the historic African American community of Union Hill in Buckingham County, Virginia.[12][11]

The Virginia Environmental Justice Act was introduced to Virginia General Assembly by House Delegate Mark Keam as HB 704 and then Senator and current Lieutenant Governor (2026–2030) Ghazala Hashmi as SB 406.

HB 704 and SB 406: "It is the policy of the Commonwealth to promote environmental justice and ensure that it is carried out throughout the Commonwealth, with a focus on environmental justice communities and fenceline communities."

The Virginia Environmental Justice Act defines environmental justice as "fair treatment and meaningful involvement of every person, regardless of race, color, national origin, income, faith, or disability, regarding the development, implementation, or enforcement of any environmental law, regulation, or policy." This definition formally replaced that that had been implied in RISE, Inc v. Kay.[9] The Virginia Environmental Justice Act required a focus on environmental justice communities, defined as "low-income or communities of color."

Interagency Environmental Justice Working Group

In 2020, the Virginia General Assembly established the Interagency Environmental Justice Working Group through an amendment to the state budget.[13] The Working Group was comprised of ten environmental justice coordinators representing each of the Governor's Secretaries, with the Secretary of Natural Resources designating the chairman and vice chairman.

The Working Group's responsibilities were to assess "the processes and resources required of state agencies to develop agency-specific environmental justice policies" and report to the Chairs of the House Appropriations and Senate Finance and Appropriations Committees by December 1, 2020.

Specifically, the Working Group was to evaluate whether agencies meaningfully considered environmental justice in the administration of regulations, identified environmental justice communities and fenceline communities in a consistent way, described how these communities were broadly affected by the agency's regulatory activities, and included robust public participation plans for residents of environmental justice communities and fenceline communities.

The Working Group identified more than thirty state agencies whose activities are relevant to environmental justice, including the Virginia Department of Environmental Quality (VA DEQ), Virginia Department of Health (VDH), Virginia Department of Housing and Community Development (DHCD), and the Virginia Department of Education (VDOE). In their 2020 report, the Working Group recommended its continued presence, especially with representatives from agencies intersecting with environmental justice issues, and for these specific agencies to work collaboratively.[14][15]

In 2021, the Virginia General Assembly attempted to codify the Working Group into law, but the House of Delegates (HB 2074) and Senate (SB 1318) failed to agree on whether the bill should also require local governments reviewing of adopting their comprehensive plans to consider environmental justice as part of the planning process.[16]

Office of Environmental Justice

In 2020, the Virginia Department of Environmental Quality (VA DEQ) hired consultants to produce a report on how to best integrate environmental justice into the work of the agency. This report, titled Environmental Justice Study for the Virginia Department of Environmental Quality, contained various recommendations including the creation of an Office of Environmental Justice headed by an Environmental Justice Director. 

In 2021, the VA DEQ established the Office of Environmental Justice with the stated mission "to ensure the fair and meaningful involvement of all people in the development, implementation, and enforcement of environmental laws, regulations, and policies across all DEQ programs." The Office is tasked to work collaboratively across VA DEQ to advance environmental justice.

Administrative Changes and Their Implications

Republican Governor Glenn Youngkin (2022–2026) worked against environmental justice efforts in the Executive Branch and Virginia General Assembly. Under Governor Youngkin's administration, the VA DEQ's Office of Environmental Justice was downgraded from direct oversight by VA DEQ leadership to where it now sits as part of VA DEQ's Cross-Media Programs. This lead to the resignation of former Office of Environmental Justice Director Renée Hoyos in 2023, who also cited a diminished commitment by the VA DEQ to environmental justice and inadequate community engagement as reasons for her departure.

Renée Hoyos Interviewed by Adrian Wood in Crosswinds: "It was pretty clear that that environmental justice wasn't a priority. I reminded them repeatedly that the law says that communities are entitled to the full cycle of decision making. And in the creation of that guidance, no community members had been informed. I was told I was not allowed to talk to anybody about the creation of that guidance. I just felt that some of the things that were going on at the agency were not things in which I wanted to be a part of anymore."

Renée Hoyos Interviewed by Adrian Wood in Crosswinds: "Because they diminished the Office of Environmental Justice. There's no, I don't think there is an Office of Environmental Justice anymore. There might be a name on the website, but the new director, there's not a director, that's now a program, it's a program manager."

In his appointments to the VACEJ, Governor Youngkin ignored specific membership requirements for VACEJ. Governor Youngkin also vetoed HB 333, which would have increased the travel budget for the VACEJ and required any vacant seats to be filled.[17] In its 2022 report, the VACEJ noted it has been understaffed and neglected, highlighting its lack of funding and support compared to other advisory boards. In March of 2024, over two dozen environmental organizations and individuals signed a letter criticizing Governor Youngkin’s view of environmental justice saying he "mischaracterized the role of the [VACEJ] as a body that is 'obstructing local projects'" and urging the Virginia General Assembly to reject Governor Youngkin's recent appointments to the VACEJ.[18]

Resources and Materials: See for Yourself and Dig Deeper

Visit Next

Virginia General Assembly Virginia Council on Environmental Justice

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The institutionalization of environmental justice in Virginia has been driven by grassroots activists and advocacy organizations applying pressure on politicians and government officials to act. If you want action on coal dust pollution, tell your elected members of the Newport News City Council or Norfolk City Council and your elected House Representative and Senator in Virginia General Assembly. You can also make official complaints to the Virginia Department of Environmental Quality (VA DEQ) Tidewater Office, Virginia Air Pollution Control Board (APCB), and U.S. Environmental Protection Agency (EPA) Region 3 Office. Contact information and sample language for your call or email are available on these pages.

Sources

  1. ↑ Cora Tucker (1938–1997), Southern Changes, The Journal of the Southern Regional Council, 1978–2003, 19, 2, 30–31, 1997.
  2. ↑ Hudson, Kitchen Table Crusader, Facing South: A Voice for a Changing South, Southern Exposure, August 1, 1988.
  3. ↑ Empowering Ourselves: Women and Organizing, Center for Health, Environment & Justice, Edited by Zeff, Love, and Stults, February 2012.
  4. ↑ Baines, Documentary Spotlights Legacy of Civil Rights Activist Cora Tucker, The Gazette-Virginian, April 18, 2023.
  5. ↑ Kaplan, Crazy for Democracy: Women in Grassroots Movements, Routledge, New York, 1997.
  6. ↑ Garland, Women Activists: Challenging the Abuse of Power, The Feminist Press at the City University of New York, Talman Co, New York, 1988.
  7. ↑ 7.0 7.1 Bullard, Confronting Environmental Racism: Voices from the Grassroots, South End Press, 1993.
  8. ↑ Saturday Program at Museum Honors Legacy of Cora Tucker, SOVANOW, August 23, 2018.
  9. ↑ 9.0 9.1 9.2 9.3 RISE, Inc. v. Kay, 768 F. Supp., 1144, E.D. Va. 1991.
  10. ↑ Carbon Reduction Strategies and Environmental Justice in Virginia, Virginia Environmental Justice Collaborative, EO 57 Working Group Meeting, February 28, 2017.
  11. ↑ 11.0 11.1 Paviour et al., A Historically Black Town Stood in the Way of a Pipeline – So Developers Claimed It Was Mostly White, The Guardian, September 16, 2021.
  12. ↑ 12.0 12.1 Vogelsong, Federal Court Overturns Union Hill Compressor Station Permit, Virginia Mercury, January 7, 2020.
  13. ↑ Environmental Justice Workgroup, Budget Amendments – HB30 (Conference Report), Item 372 #1c, 2020 Session.
  14. ↑ Interagency Environmental Justice Working Group, 2020 Environmental Justice Interagency Working Group Report 4, 2020.
  15. ↑ Khaira et al., A Legal Update on Environmental Justice in Virginia: Where Are We Now? Richmond Public Interest Law Review, 25, 1, General Assembly in Review 2021, March 18, 2022.
  16. ↑ Bill Requiring Localities Consider Environmental Justice in Comprehensive Plans Fails, The Voice of the Commonwealth's Counties, Virginia Association of Counties, March 4, 2021.
  17. ↑ Pipkin, Groups criticize environmental justice approach in Virginia, Bay Journal, May 29, 2024.
  18. ↑ Statement Opposing Governor Youngkin's Actions to Undermine the Virginia Council on Environmental Justice, March 27, 2024.
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