They Said It Couldn’t Be Done: A Case Study of New Jersey’s Landmark Environmental Justice Law (S. 232)

Abstract

In 2020, New Jersey Governor Phil Murphy signed a landmark environmental justice (EJ) law (S. 232) focused on cumulative impacts in the permitting process. In April 2023, the New Jersey Department of Environmental Protection finalized the rules that implement the law and are codified in the state’s administrative code. The precedent-setting law included a mandate to deny or condition certain environmental permits based on cumulative impacts in EJ or “overburdened” communities. This groundbreaking law became a model for states and EJ advocates nationwide seeking similar protections, with several states following suit. The process for developing the law and subsequent rules includes critical elements that may be instructive for future policymaking. These elements include a novel methodology for defining EJ communities, combining multiple stressors, and determining cumulative impact thresholds, all developed in close consultation with EJ advocates. This case study of New Jersey’s EJ law focuses on the perspectives of key EJ advocates inside the coalition that helped to develop and pass the law. It details the evolution of the policy from model bill to rulemaking (2000–2023), including (1) diverse policy approaches, (2) the unique political and movement landscape that enabled the successful passage of the law in New Jersey, (3) technical and legal considerations, and (4) coalition building and organizing efforts. This case study highlights the importance of EJ movement leadership in crafting the methodologies and shaping the decision-making and organizing that can implement effective cumulative impacts policies.