PCAP - Presidential Climate Action Project

While the majority of executive orders declaring national policy are grounded in statutoryauthority, and most of those implement statutory provisions, this is not always the case. Thefollowing are two key examples of this.E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populationsand Low-Income Populations, (February 11, 1994):Agency Responsibilities. To the greatest extent practicable and permittedby law, and consistent with the principles set forth in the report on theNational Performance Review, each Federal agency shall make achievingenvironmental justice part of its mission by identifying and addressing, asappropriate, disproportionately high and adverse human health orenvironmental effects of its programs, policies, and activities on minoritypopulations and low-income populations in the United States . . . .The Order goes on to establish additional agency responsibilities which include developingagency strategies; reporting to the President; conducting its programs, policies, and activities thatsubstantially affect human health or the environment pursuant to guidelines; collecting andanalyzing data; and performing internal reviews. The Order does cite any statutes for authority.E.O. 11990, Protection of Wetlands, (May 24, 1977):[I]n order to avoid to the extent possible the long and short term adverseimpacts associated with the destruction or modification of wetlands and toavoid direct or indirect support of new construction in wetlands whereverthere is a practicable alternative . . . .The Order goes on to establish other agency duties which include: provide leadership and takeaction to minimize the destruction, loss or degradation of wetlands, and to preserve and enhancethe natural and beneficial values of wetlands in carrying out the agency’s responsibilities; avoidundertaking or providing assistance for new construction located in wetlands unless the head ofthe agency makes certain findings; and undertake various reporting and review requirements.The Order is issued only under the general authority of NEPA.Conclusion. See conclusion section at end of proposal.CEES 92 | P age