Executive Order 14096 · Signed Apr 21, 2023

88 FR 25251 · Published Apr 26, 2023 · Effective on signing

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Revitalizing Our Nation's Commitment to Environmental Justice for All

environmental justicepublic healthclimate policyfederal agency oversightcommunity engagement

Signed by President Joseph R. Biden Jr.

The order directs every federal executive agency to integrate environmental justice into its core mission, requiring each to develop formal Strategic Plans and follow-up Assessments addressing disproportionate health, pollution, and climate burdens on low-income communities, communities of color, Tribal Nations, and other overburdened populations.

It establishes a new White House Office of Environmental Justice within the Council on Environmental Quality, expands the membership of the federal interagency environmental justice council, and creates new public-notification and community-engagement requirements — building substantially on a 1994 executive order that first addressed environmental justice.

What this order does

What it orders

The order directs all executive agencies to identify and address disproportionate health and environmental burdens — including those from climate change, cumulative pollution, and historical discrimination — on communities with environmental justice concerns. Each agency must produce an Environmental Justice Strategic Plan within 18 months, and two years after that, an Environmental Justice Assessment evaluating the plan's effectiveness. The order also establishes a White House Office of Environmental Justice within CEQ, led by a presidentially appointed Federal Chief Environmental Justice Officer; expands the White House Environmental Justice Interagency Council to include 24 named senior officials; requires EPA to build a public, multilingual online clearinghouse by March 31, 2024; and mandates that agencies hold public meetings within six weeks after toxic chemical releases under the Emergency Planning and Community Right-to-Know Act. The Director of OSTP must establish an Environmental Justice Subcommittee of the National Science and Technology Council to prepare biennial research and data plans addressing gaps in environmental health science.

Implementation is tied to CEQ guidance — interim guidance due within six months of signing and final guidance within 18 months — which agencies must follow in developing their plans. The order expressly states it does not itself create any enforceable legal right or benefit, and its requirements are subject to available appropriations. Independent regulatory agencies are encouraged but not required to comply.

Who it affects

All federal executive agencies and their staff; low-income communities, communities of color, Tribal Nations, and other overburdened communities nationwide; state, territorial, and local governments that receive federal funds or partner on environmental programs; and recipients of federal financial assistance subject to civil rights requirements.

Why it matters

Agencies must now formally plan, measure, and publicly report on reducing environmental health disparities, creating accountability mechanisms where few previously existed. Communities near industrial sites or toxic releases gain rights to agency-held public meetings. Overburdened communities gain expanded access to multilingual federal environmental information.

What must happen and when

How the order is supposed to work

Each agency submits an EJ Strategic Plan to CEQ at the 18-month mark, followed two years later by an EJ Assessment. CEQ issues guidance — interim at 6 months, final at 18 months — to standardize both documents across agencies. The newly established White House Office of Environmental Justice coordinates policy, while the expanded Interagency Council (chaired by CEQ) facilitates cross-agency collaboration and holds at least one annual public meeting. EPA builds the public clearinghouse by March 2024 and reports annually to CEQ on Clean Air Act section 309 reviews. CEQ submits a consolidated implementation report to the President one year after the Strategic Plan deadline.

Actions and deadlines

  • CEQ Chair issues interim guidance to inform agency implementation of this orderWithin 6 months of signing
  • Each agency submits an Environmental Justice Strategic Plan to CEQ and publishes it onlineWithin 18 months of signing
  • CEQ Chair issues final guidance after considering Advisory Council recommendationsWithin 18 months of signing
  • EPA Administrator establishes a public, multilingual, online whole-of-government environmental justice clearinghouse2024-03-31
  • Each agency submits an Environmental Justice Assessment evaluating its Strategic Plan's effectivenessWithin 2 years of Strategic Plan submission
  • CEQ Chair submits implementation report with all agency Strategic Plans to the PresidentWithin 1 year of the Strategic Plan submission deadline
  • OSTP Director establishes an Environmental Justice Subcommittee of the National Science and Technology CouncilNo deadline specified
  • Environmental Justice Subcommittee prepares an Environmental Justice Science, Data, and Research Plan, updated bienniallyNo deadline specified
  • Agencies provide public notice of a meeting following a qualifying EPCRA toxic chemical releaseNo later than 72 hours after a qualifying release
  • Agencies hold a public meeting providing required information following a qualifying EPCRA toxic chemical releaseWithin 6 weeks following a qualifying release
  • EPA Administrator reports annually to CEQ Chair on Clean Air Act section 309 reviews related to environmental justiceNo deadline specified
  • Attorney General reports annually to CEQ Chair on agency civil rights compliance in environmentally relevant programsNo deadline specified

Agencies directed to act

Council on Environmental QualityEnvironmental Protection AgencyOffice of Science and Technology PolicyDepartment of JusticeDepartment of StateDepartment of DefenseDepartment of the InteriorDepartment of AgricultureDepartment of CommerceDepartment of LaborDepartment of Health and Human ServicesDepartment of Housing and Urban DevelopmentDepartment of TransportationDepartment of EnergyDepartment of Veterans AffairsDepartment of Homeland SecurityOffice of Management and Budget

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President of the United States.

What this order changes

Amends Executive Order 12898

Executive Order

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Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All | EO Reporter