Climate Governance and Equity

Cumulative Impact Assessment

“Cumulative impacts” are generally defined as a community’s disproportionate exposure to environmental or health hazards from one or more facilities, such as power plants, waste facilities, incinerators, landfills, and more. Cumulative impact assessments are a part of permitting processes that require permit applicants to follow a set of protocols to ensure overburdened communities are not adversely affected by a proposed project. These protocols include the incorporation of environmental justice concerns in permitting, the inclusion of community stakeholders in the permitting process, and the use of environmental justice (EJ) mapping tools to identify potential impacts on vulnerable communities. States with EJ-aligned site permitting policies will not grant permits until a comprehensive cumulative impact assessment is conducted by the permit applicant.

A lack of regulation in the site permitting process places a disproportionate burden on low-income and minority communities. Site permitting policies help alleviate the potential adverse impacts of new construction on overburdened communities and the environment. Permitting policies ask applicants to assess the cumulative impacts of a future project.

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Glossary of Terms

States with Policy Enacted

In Progress

Partially Enacted

See States List

Key Resources

Glossary of Terms

Environmental Justice State Directory

A database of environmental justice laws, policies, mapping tools, and definitions across U.S. states and territories.

2022

Source:

Environmental Justice State by State

Warp Speed Clean Energy: Expediting Permitting and Equitable Grid Deployment Without Congress

A report analyzing barriers to the clean energy transition, including recommendations for equitable state siting and permitting practices and policies.

2023

Source:

Evergreen Collaborative

State and Federal Environmental Justice Efforts

An overview of federal and state policies and actions, including state offices and task forces, permitting reform, and EJ community identification.

2023

Source:

National Conference of State Legislatures

Evolving State Approaches to Environmental Justice in Permitting

A comprehensive overview of the states incorporating environmental justice considerations into environmental permitting decisions.

2023

Source:

The Magazine for Environmental Managers

Model Rules

Glossary of Terms

Model Law Identifying and Mitigating Cumulative Impacts in Environmental Justice Areas

A model law that aims to curb the development of new polluting facilities in frontline communities where residents are disproportionately burdened by environmental harms and exposed to toxic pollutants.

2023

Source:

Sabin Center for Climate Change Law and WE ACT for Environmental Justice

Model Law Requiring Cumulative Impact Analysis to Renew Permits of Covered Facilities in an Environmental Justice Area

A model law that requires the state environmental protection agency to identify and publish a list of areas disproportionately burdened by environmental hazards and limited participation in decision-making processes.

2023

Source:

Sabin Center for Climate Change Law and WE ACT for Environmental Justice

Model Law Eliminating As-Of-Right Status of Polluting Facilities in Environmental Justice Areas

A model law that introduces new permit renewal requirements that mandate a comprehensive analysis of how existing polluting facilities interact with environmental stressors in the area.

2023

Source:

Sabin Center for Climate Change Law and WE ACT for Environmental Justice

Model Law Requiring Indirect Source Permits for New or Expanded Facilities Generating Significant Vehicular Traffic

A model law that aims to address the pollution generated by new indirect sources by imposing new permitting requirements on the construction or expansion of facilities that attract significant traffic in designated environmental justice areas.

2023

Source:

Sabin Center for Climate Change Law and WE ACT for Environmental Justice

Model States

Glossary of Terms

Connecticut

Allows the state to deny or impose specific conditions on permits for new construction and operation of proposed industrial facilities based on a determination that cumulative environmental or public health stressors on EJ communities near the proposed facility are higher than other communities in the state.

2023

Establishing Policies

SB 1147 (2023)

Massachusetts

Requires certain facilities seeking air emissions permits in or near communities with EJ populations to conduct a cumulative impact analysis that includes meaningful public involvement of EJ populations.

2024

Establishing Policies

310 CMR 7.02(14) (2024)

Minnesota

Requires the MPCA to complete a cumulative impact analysis of EJ areas when issuing a permit.

2023

Establishing Policies

HF 2310 (2023)

New Jersey

Requires that, when proposing to locate certain pollution-generating facilities in an overburdened community, an applicant must prepare an EJ impact statement and engage directly with members of their proposed host community by hosting a public hearing; permit applicants must avoid and minimize such stressors, including through the use of added pollution control technology.

2020

Establishing Policies

Glossary of Terms

Filters

Status	State Sort descending	Region	YR Enacted
Not Enacted	Alabama Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Alaska Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	Arizona Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southwest
Not Enacted	Arkansas Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	California Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	Colorado Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Enacted	Connecticut Empty column Allows the state to deny or impose specific conditions on permits for new construction and operation of proposed industrial facilities based on a determination that cumulative environmental or public health stressors on EJ communities near the proposed facility are higher than other communities in the state. Establishing Policies SB 1147 (2023) Empty column	Northeast	2023
Not Enacted	Delaware Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Florida Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Georgia Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Hawai‘i Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	Idaho Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	Illinois Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Indiana Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Iowa Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Kansas Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Kentucky Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Louisiana Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Maine Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Northeast
Not Enacted	Maryland Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Enacted	Massachusetts Empty column Requires certain facilities seeking air emissions permits in or near communities with EJ populations to conduct a cumulative impact analysis that includes meaningful public involvement of EJ populations. Establishing Policies 310 CMR 7.02(14) (2024) Empty column	Northeast	2024
Not Enacted	Michigan Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Enacted	Minnesota Empty column Requires the MPCA to complete a cumulative impact analysis of EJ areas when issuing a permit. Establishing Policies HF 2310 (2023) Empty column	Midwest	2023
Not Enacted	Mississippi Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Missouri Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Montana Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	Nebraska Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Nevada Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	New Hampshire Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Northeast
Enacted	New Jersey Empty column Requires that, when proposing to locate certain pollution-generating facilities in an overburdened community, an applicant must prepare an EJ impact statement and engage directly with members of their proposed host community by hosting a public hearing; permit applicants must avoid and minimize such stressors, including through the use of added pollution control technology. Establishing Policies S232 (2020) N.J.A.C. 7:1C (2023) Environmental Justice Law Empty column	Northeast	2020
Not Enacted	New Mexico Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southwest
Enacted	New York Empty column Requires an analysis of cumulative impacts on disadvantaged communities before a permit is approved or renewed, through an amendment to the New York State Environmental Quality Review Act (SEQRA). Establishing Policies S8830 (2022) Empty column	Northeast	2022
Not Enacted	North Carolina Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	North Dakota Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Ohio Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Oklahoma Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southwest
Not Enacted	Oregon Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	Pennsylvania Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Northeast
Not Enacted	Rhode Island Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Northeast
Not Enacted	South Carolina Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	South Dakota Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Tennessee Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Texas Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southwest
Not Enacted	Utah Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	Vermont Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Northeast
Not Enacted	Virginia Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Washington Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West
Not Enacted	West Virginia Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Southeast
Not Enacted	Wisconsin Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	Midwest
Not Enacted	Wyoming Empty column Cumulative impact assessments determine the health and environmental impacts of renewing or granting a permit for certain pollution-generating facilities in environmental justice communities. Increased pollution burdens in communities may result in the permit application being denied. Empty column	West

Cumulative Impact Assessment

Key Resources

Model Rules

Model States

Cumulative Impact Assessment By State