Section 223 of President Biden's Executive Order 14008 (2021) established the Justice40 Initiative, which directs 40% of the overall benefits of certain federal investments--including investments in clean energy and energy efficiency; clean transit; affordable and sustainable housing; training and workforce development; the remediation and reduction of legacy pollution; and the development of clean water infrastructure – to flow to "disadvantaged communities" (DACs). This requirement means that applicants for federal funding under covered DOE programs must include an identification analysis of any DACs that may be affected by the project (whether positively or negatively).
Neither DOE nor other federal agencies administering covered energy programs have developed a precise definition of "disadvantaged," but DOE, EPA, and CEQ have each developed GIS screening tools that purport to aid in the identification of DACs. These screening tools compile various socioeconomic and environmental indicators in layers to assess cumulative energy and/or socioeconomic burden within U.S. Census tracts. Useful screening tools include EPA’s “EJScreen”, CEQ’s “Climate and Environmental Justice Screening Tool”, and DOE’s “Energy Justice Mapping Tool.” Although DOE expects applicants to utilize these and other screening tools for purposes of Justice40 planning, these tools are not necessarily calibrated to capture the socioeconomic realities of rural areas such as Wyoming. Moreover, they do not necessarily reflect the potential for future economic hardships that may result from the projected decline in demand for carbon-intensive energy production, which may eventually impact the livelihood of Wyoming's coal communities.
All Justice40 covered programs are required to engage in stakeholder consultation and ensure that community stakeholders, especially those representing DACs, are meaningfully involved in determining program benefits.
Guidance Regarding the Justice40 Initiative |
Description of Resource |
URL |
| Justice40 | Guidance on Justice40 Initiative from the White House. | Justice40 |
| Justice40 Initiative | Guidance on Justice40 Initiative from the DOE Office of Economic Impact and Diversity. | Justice40 Initiative |
| The Justice40 | Coalition of grassroots and national organizations formed to provide guidance and insights on implementation of Justice40. | The Justice40 |
| Great Plains Institutes's Justice40 and Carbon Management Fact Sheet | Fact sheet provides breakdown of Justice40 CBP components and application considerations. | GP Justice40 Factsheet |
| DOE General Guidance for Justice40 Implementation | DOE webpage providing general guidance on broad range of FAQs related to Justice40. | DOE Justice40 General Guidance |
Executive Orders Related to Environmental Justice |
Description of Resource |
URL |
| Executive Order 12898 (1994): Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations | Focuses federal attention on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities. | Executive Order 12898 |
| Executive Order 13985 (2021): Advancing Racial Equity and Support for Underserved Communities Through the Federal Government | Directs federal agencies to assess and advance equity using federal resources. | Executive Order 13985 |
| Executive Order 14008 (2021): Tackling the Climate Crisis at Home and Abroad | Directs federal agencies to “make achieving [EJ] part of their mission by developing programs, policies, and activities to address disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities." | Executive Order 14008 |
Defining Disadvantaged Communities |
Description of Resource |
URL |
| Office of Management and Budget (OMB)'s Definition of Disadvantaged Communities |
1. Defines "Community” – Agencies should define community as “either a group of individuals living in geographic proximity to one another, or a geographically dispersed set of individuals (such as migrant workers or Native Americans), where either type of group experiences common conditions.” 2. Defines “Disadvantaged” – Agencies should consider appropriate data, indices, and screening tools to determine whether a specific community is disadvantaged based on a combination of variables that may include, but are not limited to, the following: Low income; high and/or persistent poverty; High unemployment and underemployment; Racial and ethnic residential segregation; particularly where the segregation stems from discrimination by government entities; Linguistic isolation; High housing cost burden and substandard housing; Distressed neighborhoods; High transportation cost burden and/or low transportation access; Disproportionate environmental stressor burden and high cumulative impacts; Limited water and sanitation access and affordability; Disproportionate impacts from climate change; High energy cost burden and low energy access; Jobs lost through the energy transition; Access to healthcare. In determining which variables to consider, agencies should consider the statutory authority for covered programs. In addition to the above definition of disadvantaged communities, geographic areas within Tribal jurisdictions should be included. |
OMB Definition |
Justice40 Benefits/Metrics |
Description of Resource |
URL |
| DOE's Office of Economic Impact and Diversity policy priorities to guide implementation of Justice40 | Sets forth DOE's policy priorities to 1) Decrease energy burden in disadvantaged communities, (DACs), 2) Decrease environmental exposure and burdens for DACs, 3) Increase parity in clean energy technology (e.g., solar, storage) access and adoption in DACs, 4) Increase access to low-cost capital in DACs, 5) Increase clean energy enterprise creation and contracting (MBE/DBE) in DACs, 6) Increase clean energy jobs, job pipeline, and job training for individuals from DACs, 7) Increase energy resiliency in DACs, 8) Increase energy democracy in DACs. | OEID Policy Priorities |
Environmental/Social Justice Screening Tools |
Description of Resource |
URL |
| CEQ Climate and Economic Justice Screening Tool (CEJST) | GIS tool identifies disadvantaged communities using indicators of climate change, energy, health, housing, legacy pollution, transportation, water and wastewater, and workforce development to calculate a community's total burden. | CEQ CEJST |
| EPA Environmental Justice Screening and Mapping Tool (EJScreen) | GIS tool used by EPA and other federal agencies that uses demographic and socioeconomic areas to develop agencies' understanding of environmental justice issues. | EPA EJScreen |
| DOE Energy Justice Mapping Tool--Disadvantaged Communities Reporter | GIS tool used by DOE to calculate community disadvantage based on cumulative burden. Data includes thirty-six (36) burden indicators that reflect fossil dependence, energy burden, environmental and climate hazards, and socio-economic vulnerabilities. | DOE Energy Justice Mapping |
| DOE Energy Justice Mapping Tool for Schools | GIS tool used by DOE that shows school district boundaries, overlayed with DACs, and federally recognized tribal lands. | DOE Mapping Tool of Schools |
| Interagency Working Group Priority Energy Communities | Ongoing DOE study highlighting communities vulnerable to impacts from coal-specific job losses. | Interagency Working Group |
