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Environmental Justice and NEPA in the Transportation Arena Project Highlights January 2013
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Purpose and Agenda Provide an overview of EJ and recent FHWA guidance Introduce 10 recent transportation projects addressing EJ in NEPA Present effective practices in EJ analysis
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Supporting Reference Materials Visit FHWA’s EJ Website for: Detailed case studies Project report Presentation slides Extensive reference material http://www.fhwa.dot.gov/environment/environmental_justice/
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What is Environmental Justice? Populations addressed by EJ: Black or African American, Hispanic or Latino, Asian, American Indian or Alaskan Native, Native Hawaiian or Other Pacific Islander Low-income
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What is Environmental Justice? Three principles of US DOT’s EJ strategy: Avoid, minimize, or mitigate disproportionately high and adverse effects Ensure full and fair participation in transportation decision- making Prevent the denial of, reduction in, or significant delay of benefits
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Guidance on Addressing EJ in NEPA from FHWA FHWA’s 2011 “Guidance on Environmental Justice in NEPA” addresses: Effective practices from the featured projects focus on #1, #2, and #3 Identifying existing minority and low-income populations Explaining coordination, access to information, and participation Identifying disproportionately high and adverse effects Judicial review Proceeding when there are disproportionately high and adverse effects 12345
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Identifying Existing Minority and Low-Income Populations Gather data, identify groups or clusters of minority or low-income persons Provide demographic information on the general population ▪ No minority or low-income populations in the study area no EJ analysis ▪ Minority or low-income populations in the study area EJ analysis ▪ No adverse effects on EJ populations document determination ▪ Potential adverse effects on EJ populations further analysis
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Coordination, Access to Information, and Participation Document efforts to ensure meaningful opportunities for public participation Document the degree of involvement Include views about the project and mitigation Describe steps to resolve any controversy
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Identifying Disproportionately High and Adverse Effects The adverse effect is predominantly borne by an EJ population or is appreciably more severe or greater in magnitude on the EJ population than on other populations. Summarize EJ considerations, including beneficial and adverse effects Compare the impacts on the EJ populations to impacts on the overall population For impacts, consider mitigation, following protocol and enhancing communities No disproportionately high and adverse effects considering mitigation and benefits document Adverse effects remain after mitigation Determine if they are disproportionately high and adverse follow guidance
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Featured Projects and Effective Practices 10 projects Brief summary and context Description of effective practices
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Project Profile Study: EA of a 1-mile corridor widening project in Durham, NC Community: Black/African American, growing Hispanic/Latino population, low-income, with high numbers of car-less households Key issue: Potential loss of the Los Primos Supermarket Outcome: Preferred alternative minimized impacts on the community by avoiding the Los Primos Supermarket Case #1: Removal of Los Primos Supermarket Analyzing Impacts and Identifying Alternatives: Alston Avenue Project, Durham, North Carolina
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Effective Practices Update information throughout the study Ensure that all perspectives are heard Work closely with other jurisdictional agencies and partners Base the determination of impacts on complete analysis Have the staff working closely with the community make a recommendation regarding impacts and next steps
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Case #2: Balancing the Environment and Economic Development: Middle Harbor Redevelopment Project, Port of Long Beach, California Project Profile: Study: EIS for the combination and upgrade of two marine container terminals at the Port of Long Beach, CA Community: Most Census block groups in the study area exceeded 80-percent minority, and 10-percent low income Key issues: Construction noise and cumulative impacts on air quality and health risk Outcome: Mitigation grant program for cumulative impacts, broad public support
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Case #2: Balancing the Environment and Economic Development: Middle Harbor Redevelopment Project, Port of Long Beach, California Effective Practices Communicate project benefits to gain public support Closely coordinate with jurisdictional agencies and knowledgeable organizations on difficult issues Address cumulative impacts
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Case #3: Effective Outreach and Analysis Strategies for a Regional Study Area: North I-25 Project, Denver to Fort Collins Area, Colorado Project Profile: Study: EIS for multi-modal improvements to an interstate corridor Community: Regional area with pockets of minority (Hispanic/Latino and Hmong) and low-income groups Key issues: Very large, regional study area with a widespread affected population, political debate on the immigration policy Outcome: Equal distribution of impacts and benefits across EJ and non-EJ groups
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Case #3: Effective Outreach and Analysis Strategies for a Regional Study Area: North I-25 Project, Denver to Fort Collins Area, Colorado Effective Practices Use extensive public outreach to garner support Look beyond traditional data sources Communicate impacts and benefits and gather feedback Be sensitive to local and political issues Consider context when determining adverse impacts Consider benefits and mitigation in the overall harm assessment Consider community facilities in mobility needs and impact assessment Speak the local languages Go to the people
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Case #4: Bagley Pedestrian Bridge – "Connecting Neighbors": Ambassador Bridge Gateway Project, Detroit, Michigan Project Profile: Study: EA for an interstate bridge project that included a pedestrian bridge component in Detroit, MI Community: largely Hispanic/Latino Mexicantown community Key issues: Mitigating impacts to Mexicantown from original interstate construction Outcome: Bagley Pedestrian Bridge and associated enhancement projects mitigate past impacts and bring the Mexicantown community together
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Case #4: Bagley Pedestrian Bridge - "Connecting Neighbors": Ambassador Bridge Gateway Project, Detroit, Michigan Effective Practices Engage the affected community early and on an ongoing basis Maintain consistent project staff Consider the use of an ombudsman Integrate enhancement projects to engage and benefit the community
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Case #5: Regional Tolling Analysis Informs NEPA Assessment of Cumulative Impacts on Low-Income Populations: Long-Range Transportation Plan, Dallas-Fort Worth, Texas Project Profile Study: Cumulative impacts of tolling on a regional basis in a long range plan, Dallas-Fort Worth, TX Community: Regional community with a mix of EJ and non-EJ areas Key issues: Cumulative impacts of tolling on low-income individuals Outcome: Results of the regional analysis supplement the cumulative impacts assessment in NEPA
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Case #5: Regional Tolling Analysis Informs NEPA Assessment of Cumulative Impacts on Low-Income Populations: Long-Range Transportation Plan, Dallas-Fort Worth, Texas Effective Practices Combine Census and travel demand data for regional analysis Use analysis from long range planning to inform cumulative EJ impacts in NEPA
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Case #6: Building a Foundation for Meaningful and Active Participation: I-70 East Project, Denver Area, Colorado Project Profile Study: EIS for improvements to an interstate corridor near Denver, CO Community: 40 percent Hispanic/Latino, 30 percent Black/African American, 5 percent other minority populations, 21 percent of households were low-income Key issues: Legacy of distrust for the DOT and potential impacts related to noise, air quality, relocations, health Outcome: Meaningful participation and renewed trust
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Case #6: Building a Foundation for Meaningful and Active Participation: I-70 East Project, Denver Area, Colorado Effective Practices Use a “micro to macro” outreach strategy Use a high-touch/low-touch approach to understand your audience Conduct meetings for maximum participation Maintain a consistent face for the project Build trust through a consistent message
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Case #6: Building a Foundation for Meaningful and Active Participation: I-70 East Project, Denver Area, Colorado Effective Practices Educate communities about EJ and the environmental process Educate staff about EJ and the community Establish a community-outreach process feedback loop Be responsive to addressing impact-areas of concern
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Case #7: Mitigating Impacts on the Pleasant Hill Neighborhood: I-16/I-75 Interchange Project, Macon, Georgia Project Profile Study: EA for an interchange project in Macon, GA Community: Pleasant Hill, predominantly Black/African American, historic Key issues: Pleasant Hill was bisected by I-75, has declined, and could be impacted again Outcome: Community-supported Community Mitigation Plan addresses direct and cumulative impacts
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Case #7: Mitigating Impacts on the Pleasant Hill Neighborhood: I-16/I-75 Interchange Project, Macon, Georgia Effective Practices Use a variety of information sources and types Strong community leadership can foster the public-involvement process FHWA collaboration and involvement can support innovation Work with the State DOT and the community to identify and ensure implementation of appropriate mitigation Identify strategies to address all impacts
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Case #8: Preserving Community Cohesion through Southend Park Neighborhood Redevelopment: Newtown Pike Extension Project, Lexington, Kentucky Project Profile Study: EIS for the extension of a major artery in the Lexington, Kentucky area Community: Davistown – one of the oldest Black/African-American communities in the Lexington, Kentucky area Key issues: Anticipated indirect impacts of increased land value and redevelopment pressures were expected to force out residents Outcome: Community participation leads to a Community Land Trust
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Case #8: Preserving Community Cohesion through Southend Park Neighborhood Redevelopment: Newtown Pike Extension Project, Lexington, Kentucky Effective Practices Use multiple and varied methods for collecting community data Build trust to truly engage the affected community Use community service providers to help engage the community Overcome obstacles with help from project “Champions” Properly identify and characterize social ties Mitigate adverse impacts through tailored solutions
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Case #9: Extraordinary Outreach Guides Project Decisions and Avoids Environmental Justice Issues: Business 40 project, Winston-Salem, North Carolina Project Profile Study: Early stages of an EIS to widen a 1-mile section of Business 40 through a Central Business District Community: Mix of affluent and largely White areas, Black/African American areas, and low-income areas Key issues: Community input on a partial closure of Business 40 for 2 years or full closure for 6 years Outcome: Unexpected support for a 2-year full closure
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Case #9: Extraordinary Outreach Guides Project Decisions and Avoids Environmental Justice Issues: Business 40 project, Winston-Salem, North Carolina Effective Practices Seek and apply information from similar situations Use experienced public involvement professionals Train and prepare all staff who will interact with the public Do the leg-work to understand a community’s values, perspective, and preferences
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Case #9: Extraordinary Outreach Guides Project Decisions and Avoids Environmental Justice Issues: Business 40 project, Winston-Salem, North Carolina Effective Practices Make the public comfortable and willing to provide input Establish and check lines of communication within the agency Assign a dedicated project manager Consider details like contract vehicles
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Case #10: Building a Safer, More Reliable Bridge and Roadway while Avoiding Environmental Justice Impacts: SR-520: I-5 to Medina, Seattle Area, Washington Project Profile Study: EIS for the SR 520 corridor across Lake Washington, including the Evergreen Point Bridge Community: Small areas of low-income populations and Native American tribes Key issues: Impacts of tolling, impacts to cultural and natural resources of importance to Native American tribes Outcome: Extensive tolling analysis with mitigation, government-to-government coordination with tribes to understand and avoid, minimize, and mitigate impacts
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Case #10: Building a Safer, More Reliable Bridge and Roadway while Avoiding Environmental Justice Impacts: SR-520: I-5 to Medina, Seattle Area, Washington Effective Practices Expand the study area as needed to include a travelshed Address issues and concerns identified during public outreach Use early findings to inform ongoing work Government-to-government coordination with Native American tribes is critical to understanding potential project impacts and appropriate mitigation
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Conclusions What the highlighted projects confirm: There is no uniform approach to addressing EJ in NEPA The depth and breadth of analysis is context-specific Meaningful participation of EJ populations is always essential Visit FHWA’s EJ Website for further information (http://www.fhwa.dot.gov/environment/environmental_justice/)
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