A Resource Database of Cumulative Impacts Permitting Policies: Emerging Opportunities to Protect Environmental Justice Communities from Additional Burden

The environmental justice (EJ) movement has called attention to the failure of government policies to address cumulative impacts (CI), the multiple and compounding social and environmental stressors that disproportionately affect low-income communities and communities of color. In recent years, driven by the organizing of EJ groups, there has been a proliferation, not only of CI mapping tools, but also of policy proposals to address CI in permitting, particularly at the state level. For the purpose of informing these efforts, we developed a database of state policies that codify a CI requirement in permitting decisions. Through web searches, consultation of existing databases, and direct knowledge, we collected state policies up through September 2024. Data were summarized on their purpose, scope of application, community definitions, and methodologies. The database includes information from eight states that have codified CI considerations in permitting decisions and 11 states with bills that have not passed. Our analysis reveals the design choices that arise in CI lawmaking and rulemaking, which may influence the efficacy of protections. A critical decision point is the strength of the legal mandate to deny permits, but we also documented multiple ways in which even a strong mandate can be diluted. We found many policy features offering opportunities to cater to local context, even while existing policies can serve as models. Moreover, we observed rulemaking to be a critical and not merely “technical” counterpart of legislation, needed not just for making implementation possible, but also for knowing the ultimate strength of the policy.