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October 30, 2024 Human Rights

Introduction: From the Courtroom to the Frontlines: A Roadmap for Advancing Environmental Justice

By James R. May, Quentin Pair, and Nadia B. Ahmad

For years, the American Bar Association (ABA) has been a stalwart champion in the fight for environmental justice. Recognizing the disproportionate harm suffered by communities of color, low-income populations, and Indigenous communities from environmental hazards, the ABA has consistently used its platform to push for change. Now, with the passage of Resolution 514 and the creation of the Environmental Justice Task Force, the ABA is poised to take this work to the next level, but only with your help.

The Task Force’s “Blueprint for Advancing Environmental Justice” is a comprehensive plan for embedding environmental justice principles across the legal profession. It calls for training lawyers on these critical issues, providing resources to support their work, advocating for strong policies, and centering the voices of impacted communities. Crucially, it recognizes that environmental injustice is a systemic problem which requires a systemic response.

An illustration of hands cradling a green Earth with continents visible.

An illustration of hands cradling a green Earth with continents visible.

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The Blueprint lays out a multipronged approach. It emphasizes the need for education, urging the ABA to develop CLE programs, toolkits, and other resources to help lawyers understand and address environmental justice challenges. It calls for increased access to information, proposing the creation of a clearinghouse for environmental justice litigation, legislation, and scholarship. Meanwhile, the Blueprint stresses the importance of advocacy, encouraging the ABA to use its influence to push for policies that prioritize the needs of overburdened communities.

Critically, the Blueprint recognizes that environmental justice work must be community-driven. It calls on the ABA to partner with historically Black colleges and universities, Tribal organizations, and grassroots groups to ensure that its efforts are informed by the lived experiences of those most affected by environmental harms. It emphasizes the need to amplify these voices and support community-led solutions. The ABA Environment, Energy, and Resources and Civil Rights and Social Justice sections have long been at the forefront of this effort. Through groundbreaking publications, conferences, fellowships, and student engagement, they’ve nurtured a new generation of environmental justice advocates. Now, we’re intensifying this work, building bridges with other ABA sections, deepening community partnerships, and creating dynamic online resources. These collaborations can be a model for the entire association.

For example, the sections are increasing their interactions with the Business Law Section to explore the role of the private sector in advancing environmental justice. We’re hosting town hall meetings in communities facing acute environmental challenges to learn directly from residents. We’re also developing a speakers’ bureau and other tools to connect experts with communities in need. But the ABA knows that true progress requires engaging the full spectrum of the legal world. That’s why the Blueprint emphasizes the need for a “whole-ABA” approach, recognizing that environmental justice intersects with numerous areas of law. It’s also why the association is calling on law firms, legal departments, law schools, and bar associations to join the cause. Everyone in the legal profession has a part to play.

Law firms, for instance, can use their pro bono resources to support environmental justice litigation and advocacy. Legal departments can ensure that their companies are operating in a manner that respects the rights of communities of color and low-income populations. Law schools can integrate environmental justice into their curricula, experiential learning, and clinical programs. And bar associations can educate their members and push for local and state policies that prioritize equity.

The potential for impact is immense. By focusing the collective power of the legal community, the ABA can drive the transformative change that vulnerable communities need. Change that includes advocating for policies like cumulative impact analysis in environmental decision-making, supporting efforts to gather granular data on environmental disparities, and using its influence to push for accountability and justice.

Consider the issue of cumulative impacts. For too long, permitting decisions have failed to account for the compounded burden that additional pollution sources impose on already overburdened communities. The ABA is well positioned to advocate for legislation and policies requiring cumulative impact analysis in environmental decision-making, as pioneered in states like New Jersey. Or take the need for better data on environmental disparities. Groundbreaking initiatives like the Environmental Justice Mapping and Data Collection Act propose federal tools to identify environmental justice communities. The ABA can lend its voice and expertise to support such efforts, ensuring that policymakers have the information they need to make equitable decisions.

The ABA’s leadership comes at a critical time. As the nation grapples with the enduring legacies of environmental racism, lawyers have a unique role to play in charting a path forward. By amplifying the voices of impacted communities, pushing for bold solutions, and holding polluters accountable, the legal profession can help bend the arc of history toward justice.

The Environmental Justice Task Force has laid out an ambitious vision. Now, it’s up to the entire legal community to make it a reality. From promoting climate justice litigation to ensuring equitable disaster response, from fighting toxic pollution to expanding access to nature, there are countless ways for lawyers to engage. The key is to approach this work with humility, to take direction from those most affected, and to use our skills and influence in service of their cause. As the ABA continues its bold commitment to environmental justice, it’s calling on all lawyers to join the effort. Together, we can build a legal system—and a society—that truly values every environment and every life. The work won’t be easy, but it’s never been more urgent. With the ABA leading the way, the legal profession is ready to meet the moment.

The fight for environmental justice is a defining challenge of our time. The ABA is all in. Let’s get to work.

James R. May

Professor of Law, Washburn University School of Law

James R. May is the Richard S. Righter Distinguished Professor of Law at Washburn University School of Law. He may be reached at [email protected]

Quentin Pair

U.S. Department of Justice, Environmental and Natural Resources Division

Quentin Pair is a former 35 year veteran senior trial attorney for the U.S. Department of Justice, Environmental and Natural Resources Division, adjunct professor at Howard University School of Law, and co-chair of the American Bar Association’s Environmental Justice Task Force.

Nadia B. Ahmad

Professor of Law, Barry University

Nadia B. Ahmad is an associate professor of law at Barry University and PhD candidate at the Yale School of the Environment. She serves as co-chair of the ABA Environmental Justice Task Force.

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