Institutionalization of Environmental Justice in Virginia
The journey toward institutionalizing environmental justice (EJ) in Virginia is a testament to the work of grassroots activists and community organizations’ persistent pressuring of elected officials and decision-makers.
Early Advocacy and Community Mobilization
1980s
In the 1980s, Mrs. Cora Tucker, a Black civil rights activist from Halifax County, led a significant environmental fight against uranium mining and milling in southern Virginia. Her leadership in Citizens for a Better Environment mobilized farmers, civil rights activists, and residents to resist the uranium industry’s powerful lobbying efforts, framing the issue as environmental racism. Tucker's work set a precedent for addressing environmental risks as civil rights issues, particularly in rural Black communities that had historically been overlooked.
1990s
During the 1990s, residents of King and Queen Counties, facing a landfill expansion proposal, formed Rise, Inc. to fight against the disproportionate exposure of Black residents to environmental hazards. The legal case, Rise v. Kay, [link?] although unsuccessful, elevated the issue of environmental racism in Virginia’s political discourse. The court ruled that although the landfill had a disproportionate impact on African American residents, there was no evidence of intentional racial discrimination. This case underscored the challenges of proving discriminatory intent in environmental justice litigation and implied a definition of EJ as the absence of intentional discrimination that was subsequently used by Virginia’s public officials to evaluate claims of environmental injustice.
Virginia’s First Wave of EJ Policymaking and Actions
As a direct response to the Rise v. Kay case decision and ongoing constituent complaints across the state, in 1993 House Joint Resolution 529 (HJR 529) was passed by the Virginia General Assembly. HJR 529 commissioned the Joint Legislative Audit and Review Commission (JLARC) to study the impact of the state’s solid waste siting policies on minority communities.
The resulting JLARC disparity report, "Solid Waste Facility Management in Virginia: Impact on Minority Communities," [link to study pdf?] was completed and presented to the General Assembly in 1995. It revealed that landfills were disproportionately located in areas with higher concentrations of minority populations and lower-income residents but found no evidence of intentional race-based discrimination. This study 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 injustice. The findings were framed by the dicta in the Rise v. Kay case, which defined EJ as the absence of intentional discrimination.
Continued Advocacy and Political Engagement
In 2011, the Southeast CARE Coalition [link] emerged as an advocate for residents of the Southeast Community in 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/intervention into addressing environmental hazards affecting marginalized communities.
In 2015, the Southeast CARE Coalition and New Virginia Majority [link to nvm website] collaborated with Appalachian Voices [link] and WE ACT for Environmental Justice [link] to form the Virginia Environmental Justice Collaborative (VEJC), aiming to coordinate and bolster EJ efforts across the state. This coalition amplified the voices of affected communities and advocated for systemic change. As part of the Executive Order 57 public comments process, the VEJC proposed the creation of a state EJ advisory body.
Executive Actions and Legislative Milestones
Responding to this proposal and continuing pressure from other grassroots activists across Virginia, Governor Terry McAuliffe was persuaded to include environmental justice on his administrative agenda as an action item. McAuliffe issued Executive Order 57 on June 28, 2016, reflecting recommendations from the VEJC to incorporate environmental justice work into several state departments, including the DEQ.
Following up on the proposal for an EJ advisory Council in 2017, Governor McAuliffe issued Executive Order 73, establishing the Virginia Advisory Council on Environmental Justice (VACEJ) to provide independent guidance to the Executive Branch on an action-oriented approach to environmental justice in state decision-making. The VACEJ convened its first meeting on December 17, 2017. These were the first official environmental justice-related efforts in Virginia in over 20 years. Notably, community efforts around coal dust were central to this success.
Addressing environmental injustice continued to be a focal point of Governor Northam’s administration. Governor Northam continued Governor McAuliffe’s Environmental Justice Council through his first term. Governor Northam issued EO-29 establishing the Virginia Council on Environmental Justice (VCEJ) on January 22, 2019.
Legislative Milestones and Challenges
Virginia elected officials, compelled by continued grassroots activism and VCEJ recommendations made environmental justice a priority in 2020 with the passage of the Virginia Environmental Justice Act. [link to va code] Governor Ralph S. Northam signed the legislation passed by the General Assembly to integrate environmental justice into Virginia Law and state actions.The law was passed after grassroots advocacy against fossil fuel projects in overburdened communities, including efforts to block a compressor station in Union Hill. The Virginia Environmental Justice Act of 2020, introduced by Senator Ghazala Hashmi (SB406) and Delegate Mark Keam (HB704), established that the policy of the Commonwealth is to promote environmental justice as defined in the bill, and to ensure that environmental justice is carried out throughout the Commonwealth. It defines environmental justice as “ … the 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/officially replaced the indirect definition of EJ implied in the RISE, Inc V. Kay case. The act also requires VA to promote EJ with a focus on EJ communities defined as low-income or communities of color.
Interagency Environmental Justice Working Group
In 2020, the Interagency Environmental Justice Working Group was established by the 2020 budget amendment Item 372 #1c (SNR), accompanying SB406 and HB704. The Working Group was tasked with assessing and providing recommendations regarding agency improvements to meaningfully engage environmental justice communities in decision-making processes for agency activities that affect them. The group is comprised of 10 environmental justice coordinators representing each of the Governor's Secretaries, with additional representatives from the Virginia Council on Environmental Justice. The Working Group's responsibilities include ensuring that environmental justice is meaningfully considered in the administration of agency regulations, consistently identifying environmental justice communities, and developing robust public participation plans for residents of these communities.
Establishment of the Office of Environmental Justice
Additionally, in 2020 the Virginia Department of Environmental Quality (DEQ) and its consultants completed an Environmental Justice Study to identify how to best integrate environmental justice into the work of the agency. The final Study contained recommendations across a number of categories, including the creation of an Office of Environmental Justice headed by an Environmental Justice Director. In 2021 The Office of Environmental Justice was established with a 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 DEQ to advance Environmental Justice in Virginia and address Environmental Justice concerns. To do this, staff at the Office of Environmental Justice review current practices and work with the Environmental Justice Collaborative to determine the best way to engage the public. As a practice, the Office of Environmental Justice reports it regularly meets with the Virginia Environmental Justice Collaborative to discuss ways to engage communities in decisions that affect them, answer questions and assist them with capacity building.
Administrative Changes and Their Implications
Reflecting priority changes following an administration transition in 2022, under Governor Glenn Youngkin, the DEQ's Office of Environmental Justice experienced downgrades, removing the Office of Environmental Justice from direct oversight by the department’s leadership. This lead to the resignation of its director, Renée Hoyos, in 2023. Hoyos cited a diminished commitment to EJ and inadequate community engagement as reasons for her departure. [link to hoyos interview]
Similarly, in its 2022 report [link] The Council on Environmental Justice notes it has been understaffed and neglected, stating a lack of funding and support compared to other advisory boards. EJ activists also say the Youngkin Administration reorganized the Department of Environmental Quality, removing the Office of Environmental Justice from direct oversight by the department’s leadership.