Environmental justice, infrastructure provisioning, and environmental impact assessment: Evidence from the California Environmental Quality Act

Environmental impact assessment (EIA) is a decision support tool that analyzes the environmental and social impacts of infrastructure projects. This paper focuses on the California Environmental Quality Act (CEQA), a law requiring EIA use in California, to examine where new infrastructure is proposed and whether EIA can shape infrastructure distribution and environmental justice through the review process. We analyze the temporal and spatial distribution of more than 7000 infrastructure projects and their environmental impacts as proposed under CEQA from 2011 to 2020. Using fixed-effects negative binomial regression to model the association between the number of initiated projects and existing socioeconomic and environmental conditions by census tract, and multinomial logistic regression to investigate determinants of a project's level of environmental review, we find an unequal distribution of infrastructure. We find that socio-economically vulnerable communities and those with greater burden of environmental pollution are less likely to be the site of newly proposed infrastructure, but that proposed projects tend to be beneficial, less-polluting infrastructure like parks or schools that could help redress past injustices. Moreover, projects proposed in vulnerable communities are less likely to receive the most stringent reviews or have their impacts mitigated. These findings suggest that CEQA interacts with distributive justice in contradictory ways. They also highlight the need to separately consider environmental amenities versus harms such that EIA processes do not stand as a barrier to constructing beneficial infrastructure in environmental justice communities.