Political control and policy-making uncertainty in executive orders: the implementation of environmental justice policy

Provost, Colin; Gerber, Brian J.

doi:10.1017/s0143814x18000077

Cited by 7 publications

(5 citation statements)

References 49 publications

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“…An analysis of final rule-making actions by the EPA between the years of 1994–2012 found that EPA overwhelmingly utilizes pro forma acknowledgement of EO 12898 that an agency action would have no impact on environmental justice communities [ 118 ]. This contrasts greatly with the miniscule number of “affirmative” uses of the Order in final rules where the action would have beneficial impacts on those same communities [ 118 ].…”

Section: How Disproportionate Pesticide Impacts Are Currently Perpetu...mentioning

confidence: 99%

Pesticides and environmental injustice in the USA: root causes, current regulatory reinforcement and a path forward

et al. 2022

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Many environmental pollutants are known to have disproportionate effects on Black, Indigenous and People of Color (BIPOC) as well as communities of low-income and wealth. The reasons for these disproportionate effects are complex and involve hundreds of years of systematic oppression kept in place through structural racism and classism in the USA. Here we analyze the available literature and existing datasets to determine the extent to which disparities in exposure and harm exist for one of the most widespread pollutants in the world – pesticides. Our objective was to identify and discuss not only the historical injustices that have led to these disparities, but also the current laws, policies and regulatory practices that perpetuate them to this day with the ultimate goal of proposing achievable solutions. Disparities in exposures and harms from pesticides are widespread, impacting BIPOC and low-income communities in both rural and urban settings and occurring throughout the entire lifecycle of the pesticide from production to end-use. These disparities are being perpetuated by current laws and regulations through 1) a pesticide safety double standard, 2) inadequate worker protections, and 3) export of dangerous pesticides to developing countries. Racial, ethnic and income disparities are also maintained through policies and regulatory practices that 4) fail to implement environmental justice Executive Orders, 5) fail to account for unintended pesticide use or provide adequate training and support, 6) fail to effectively monitor and follow-up with vulnerable communities post-approval, and 7) fail to implement essential protections for children. Here we’ve identified federal laws, regulations, policies, and practices that allow for disparities in pesticide exposure and harm to remain entrenched in everyday life for environmental justice communities. This is not simply a pesticides issue, but a broader public health and civil rights issue. The true fix is to shift the USA to a more just system based on the Precautionary Principle to prevent harmful pollution exposure to everyone, regardless of skin tone or income. However, there are actions that can be taken within our existing framework in the short term to make our unjust regulatory system work better for everyone.

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Section: How Disproportionate Pesticide Impacts Are Currently Perpetu...mentioning

confidence: 99%

Pesticides and environmental injustice in the USA: root causes, current regulatory reinforcement and a path forward

et al. 2022

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“…Monitoring and enforcement was largely unreported in the literature (52% and 50% respectively). Of those that did report on monitoring ( n = 43), 39 had some form of monitoring present (comprehensive [ 23 , 26 , 31 – 34 , 39 , 41 , 42 , 45 – 47 , 56 , 59 , 62 , 64 , 66 , 70 , 69 , 78 , 79 , 88 , 93 , 97 , 100 , 101 ]; partial [ 24 , 25 , 50 , 52 , 60 , 67 , 71 , 74 , 75 , 80 , 83 , 98 ]), and four simply stated that there was no monitoring mechanism in place [ 43 , 51 , 54 , 92 ]. Of those that did report on enforcement ( n = 46), 36 detailed some form of enforcement mechanism, and 9 state that no enforcement occurred [ 43 , 49 , 51 , 90 – 92 , 99 ].…”

Section: Resultsmentioning

confidence: 99%

Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries

Heenan,

Hart,

Cullerton

et al. 2024

BMC Public Health

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Context Public health law is an important tool in non-communicable disease (NCD) prevention. There are different approaches available for achieving policy objectives, including government, co-, quasi- and self-regulation. However, it is often unclear what legal design features drive successes or failures in particular contexts. This scoping review undertakes a descriptive analysis, exploring the design characteristics of legal instruments that have been used for NCD prevention and implemented and evaluated in OECD countries. Methods A scoping review was conducted across four health and legal databases (Scopus, EMBASE, MEDLINE, HeinOnline), identifying study characteristics, legal characteristics and regulatory approaches, and reported outcomes. Included studies focused on regulation of tobacco, alcohol, unhealthy foods and beverages, and environmental pollutants. Findings We identified 111 relevant studies evaluating 126 legal instruments. Evaluation measures most commonly assessed implementation, compliance and changes to the built and lived environment. Few studies evaluated health or economic outcomes. When examining the design and governance mechanisms of the included legal instruments, government regulation was most commonly evaluated (n = 90) and most likely to be reported effective (64%). Self-regulation (n = 27) and quasi-regulation (n = 5) were almost always reported to be ineffective (93% and 100% respectively). There were few co-regulated instruments evaluated (n = 4) with mixed effectiveness. When examining public health risks, food and beverages including alcohol were more likely to be self- or quasi-regulated and reported as ineffective more often. In comparison, tobacco and environmental pollutants were more likely to have government mandated regulation. Many evaluations lacked critical information on regulatory design. Monitoring and enforcement of regulations was inconsistently reported, making it difficult to draw linkages to outcomes and reported effectiveness. Conclusions Food and alcohol regulation has tended to be less successful in part due to the strong reliance on self- and quasi-regulation. More work should be done in understanding how government regulation can be extended to these areas. Public health law evaluations are important for supporting government decision-making but must provide more detail of the design and implementation features of the instruments being evaluated – critical information for policy-makers.

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“…Así mismo, estas problemáticas de uso de plaguicidas son una muestra más de la injusticia ambiental que ocurre en estos sectores agrícolas y en estas poblaciones en Colombia, que por generaciones han estado sometidas a condiciones de vida caracterizadas por el abandono y la explotación [1,12,36]. Por esto, una de las opciones para disminuir la injusticia ambiental en estas poblaciones consiste en empoderar a las comunidades y construir procesos de trabajo social y ecológico que sea conjunto, participativo e interdisciplinario [12,[37][38][39][40][41].…”

Section: Discussionunclassified

Medición de niveles de colinesterasas eritrocitarias en agricultores usuarios de plaguicidas y en practicantes de agroecología, San Cristóbal, Medellín, Colombia

Mesa

Carmona

Pérez

et al. 2019

Rev. Fac. Nac. Salud Pública

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Political control and policy-making uncertainty in executive orders: the implementation of environmental justice policy

Cited by 7 publications

References 49 publications

Pesticides and environmental injustice in the USA: root causes, current regulatory reinforcement and a path forward

Pesticides and environmental injustice in the USA: root causes, current regulatory reinforcement and a path forward

Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries

Medición de niveles de colinesterasas eritrocitarias en agricultores usuarios de plaguicidas y en practicantes de agroecología, San Cristóbal, Medellín, Colombia

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