On June 6, 2024, the Federal Energy Regulatory Commission (“FERC”) released an update to its Equity Action Plan. FERC released the first Equity Action Plan in April of 2022, in response to Executive Order 13985. FERC is now releasing the second Equity Action Plan in response to Executive Order 14091 (Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government). The Equity Action Plans are voluntary commitments by FERC to achieve specific milestones towards addressing environmental justice. In addition, FERC hosted the first Environmental Justice Roundtable, created new roles focused on environmental justice, and built the Office of Public Participation.
The Equity Action Plan focuses on five strategies to advance equity: (1) Enhance Awareness of Commission Activities and Opportunities for Public Participation, (2) Strengthen Tribal Consultation and Engagement, (3) Ensure Project Certification and Siting Policies and Processes are Consistent with Environmental Justice, (4) Foster Staff Equity Readiness, and (5) Advance Equity in Federal Procurement. FERC also included an update on progress made towards the 2022 Equity Action Plan. FERC will continue regional outreach, as it has in states such as California, Alabama, Tennessee, Texas, and Virginia to implement these goals.
Public Participation and Meaningful Involvement
Concerns regarding the lack of knowledge and understanding of FERC, the need for additional resources and procedural assistance, and the need for Commission staff capacity dedicated to enhancing engagement were all identified as barriers to environmental justice communities. To combat these barriers, FERC committed to build relationships with affected communities and partner with organizations to compile and distribute information of interest along with education products to increase environmental justice community involvement.
Tribal Consultation and Engagement
FERC identified natural gas certificate and hydropower licensing proceedings as areas with the most government-to-government engagement, and the biggest areas for growth. To enhance tribal engagement, FERC will seek opportunities to develop targeted resources and assistance to tribal governments along with enhancing communication efforts tailored to tribal governments and their specific needs.
Aligning Infrastructure Project Review Policies with Environmental Justice
Inequalities to equitable processes and outcomes specifically in natural gas certificate and hydroelectric licensing practices highlighted misalignment with environmental justice concerns. Moving forward, the Office of Energy Projects, within FERC, will analyze potential environmental justice impacts in NEPA projects, and develop additional information requests for applicants who did not evaluate environmental justice considerations in proposals.
Staff Equity Readiness
The lack identified in FERC’s Equity Action Plan of FERC Staff awareness of environmental justice issues and how equity initiatives can be implemented led to the creation of educational resources and attendance at environmental justice conferences. FERC plans to continue Staff readiness by developing guidance for use in infrastructure proceedings pertaining to environmental justice.
Equity in Federal Procurement
To promote underserved communities and underrepresented businesses in federal procurement efforts, FERC will explore ways to reduce the burden on businesses and increase opportunities through facilitation of programmatic acquisition forecasting, planning, and requirements.
For more information regarding the Equity Action Plan, or for assistance with compliance and strategic planning please contact Gelane Diamond, Keith Gordon, Jeff Genzer, Lisa Gast, or Sean Neal.
