While U.S. federal legislation for Environmental Justice (EJ) took root in the 1960s, the shifting socio-political landscape in recent years has propelled EJ discussions into mainstream America’s awareness, corporate board rooms, legislative bodies and other areas of American life.
If you’re in the business of siting or routing large infrastructure projects in the U.S., perhaps your company has already established or is working to develop processes and procedures for identifying EJ Communities (EJCs), Disadvantaged Communities (DACs) or Sensitive Communities. You may already incorporate EJ data into your outreach process and consider minimizing the impact to an overburdened community as you would other constraints such as wetlands or cultural resources.
But are you starting to realize you'll need to do more to meet the requirements and lead to mutually beneficial outcomes? That it will require a fundamental change in the way you communicate with EJC stakeholders within and around your project area... yet you're not sure where to start? You are not alone.
Regulatory Trends
More and more federal and state agencies are implementing new EJ requirements to funding programs such as the Justice40 Initiative. Additionally, the regulatory review process for permitting and planning is requiring higher levels of community involvement, making it more difficult to report findings of no “disparate impacts.” And it appears this trend is likely to continue for the foreseeable future.
On March 29, 2023, the Federal Energy Regulatory Commission (FERC) conducted a day of panel discussions during its Roundtable on Environmental Justice and Equity in Infrastructure Permitting event. There were two primary themes repeated by the panelists.
1. There is a widespread call for FERC to take closer, tighter oversight of large infrastructure projects, particularly examining potential impacts on people and communities that historically have borne disparate pollution and energy infrastructure impacts.
2. Real and meaningful public outreach and involvement should be required in the planning and approval processes and considered in siting and routing decisions.
While panelists differed on the details of how each of those objectives should be carried out, those two themes were central to nearly every discussion among the day’s multiple panels. As other agencies continue to develop their own EJ policies for grant funding and permit review, many eyes are on FERC.
However, unlike the proliferating tools and guidance for conducting EJ screens and analysis, there is surprisingly little information and minimal requirements available to guide applicants through an outreach program. There is even less guidance for companies seeking to increase engagement with communities that officially meet the federal criteria as an EJ community.
Project managers, corporate leadership and other decision-makers must understand there are no cookie-cutter programs or surefire approaches that work for all communities. Effectively engaging with people requires meeting an audience where they are... and not just in the physical sense. The project team must identify and understand both current and historical barriers to public participation and devise strategies and tactics to increase engagement.
Additional focus and effort must be employed when trying to increase engagement in communities that have been historically underrepresented or left out of decision making. These communities have been impacted most from previous large infrastructure projects.
Strategies to Increase Engagement
While each project and community will be different and therefore require different components for a successful outreach effort, the following strategies can be applied to develop a communication and engagement plan.
Plan Ahead and Establish a Presence. What is the 5- or 10-year capital plan? For large projects, you need to understand a community well before the project announcement, and certainly before the first permit application submittal. Work with internal partners that have a public-facing job—especially local distribution personnel, government and community relations, outreach specialists and others. Build relationships with local, trusted influencers that can help engage the broader community. This is especially important for communities that have experienced historical disenfranchisement—outsiders will be mistrusted. Attend community meetings and events and engage in conversations to learn the community’s concerns and needs. Be genuine in your interest and sensitive to and respectful of the perspectives and experiences of residents.
Do Your Homework. Dedicate adequate time and resources to develop a communication plan. Include community research, EJ screening, target audience and key stakeholder identification, strategies for each audience, key messaging and specific communication tactics designed to increase engagement.
Be Clear, Responsive and Transparent. Once the project scope is defined, begin to share information with the community. Emphasize the need for the project and, where appropriate, the benefits. Offer an overview of the process and schedule for both public input and agency review. Be open about the overall goals and objectives for the area.
Be clear about your plan to involve the public. Explain how input will be evaluated to ultimately recommend a project site or route that balances constraints. Avoid generic corporate messaging and get right to the core messages you want the public to hear and remember.
Be sure to do your analysis and identify communities with a high percentage of residents that do not speak English as their first language (a criterion of EJ analysis). Provide translation services for print, digital and verbal communications. Make sure you have your plan and team in place to adequately respond to external inquiries and concerns throughout the process.
Actively Listen. Be earnest in your efforts to understand local perspectives and concerns. Ask questions to clarify any unclear feedback. Remain aware and vigilant, actively listening and allowing time for interactions.
Be Adaptable. Keep your plan updated and amend your communication strategies and tactics to meet the dynamic nature of community relations and large construction projects. If your current strategies and communication channels aren’t increasing engagement in your target communities—particularly in any identified EJ communities—consider outreach alternatives.
Mutually Beneficial Outcomes
Are there risks associated with increasing public engagement activities? With conducting them earlier in the project development phase? With allowing external feedback to influence internal planning and design decisions? Of course! And it takes precious time and resources. However, the status quo poses risks to project timelines, budgets and long-term community relations that far outweigh the upfront time and financial costs of making a change.
With emerging regulations and continued interventions, eventually this will become both best and common practice. Invest now in more proactive communication strategies to effectively and thoughtfully engage members of EJC communities, and get ahead of the curve. Your project and the surrounding communities will benefit.
Article originally published in the Summer 2023 issue of Currents. Subscribe today to stay current on environmental insights and regulatory updates that impact your projects.