Indiana Executive Order Prohibiting Environmental Justice
On March 12, 2025, Governor Braun signed Executive Order EO 25-37: “Prohibiting the Use of Environmental Justice in Permitting, Enforcement or Grant Decisions.” The federal government similarly terminated the Environmental Justice initiatives of the Environmental Protective Agency (EPA). Although certain Indiana Department of Environmental Management (IDEM) policies are described differently than EPA’s program, Indiana did use the “Environmental Justice” framework and approach when required or encouraged, before its cancellation by EPA and Indiana’s EO 25-37.
In EO 25-37, the Governor orders in part that: No state agency or official involved in the process of permitting or enforcement shall use “environmental justice” as a determining factor in their decision-making. This includes, but is not limited to, considerations of race, ethnicity, educational attainment or other social factors….”
Indiana agencies are directed per the EO “to use the best available scientific evidence to guide their decisions and to ensure that decisions are made with transparency and fairness” based on “scientifically sound data, objective standards and legal requirements.” The executive order further declares that ‘“environmental justice’ can act as a disincentive for investment in disadvantaged communities, as the fear of stricter regulations can result in fewer job opportunities or economic investments.”
“Environmental Justice” is noted as a “concept” in EO 25-37 because there is no law that uses that term. When used by IDEM, the term would often be raised in discussions of IDEM’s “Nondiscrimination” Policy and IDEM’s “Environmental Stakeholder Inclusion Program,” (ESI). The ESI program is further described in IDEM’s Environmental Stakeholder Inclusion 2024 Annual Report.
The term “Environmental Justice” and its associated abbreviation “EJ” is used over 50 times in IDEM’s 2024 Annual ESI Report. EPA’s former definition of the term is also included in the IDEM Report:
The just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people:
are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and
have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.
This former EPA definition of Environmental Justice has its roots in Title VI of the Civil Rights Act of 1964 and Executive Order No.12898 which was issued in 1994 to “identify and address as appropriate, disproportionally high adverse human health and environmental effects of [government] programs, policies, and activities on minority and low-income populations.” Indiana has worked with EPA’s definition of Environmental Justice in its analyses that were required or “strongly encouraged” to apply for and receive federal grant funding and for certain agency environmental decisions.
Through its most recent EJ analysis, IDEM concluded that 37 percent of Indiana’s census tracts are determined to be disadvantaged communities because they are overburdened and underserved due to socioeconomic and environmental burdens. In general, these tracts have low-income Hoosiers who are living with higher pollution burdens and have poorer health outcomes.
Due to the cancelled programs, previous grant awards allocated for economic development in Indiana’s disadvantaged communities remain uncertain. For example, the City of Evansville was awarded a highly competitive $20 Million Community Change Grant from EPA for transportation and infrastructure improvements. Recent reports indicate that the funding is suspended and the city is awaiting further guidance from the federal government.