Last month, the U.S. Environmental Protection Agency (EPA) released for public comment its Interim Framework for Advancing Consideration of Cumulative Impacts. The Framework encourages EPA programs to consider the totality of exposures to chemical and nonchemical stressors affecting human health and the environment, together with vulnerabilities and susceptibilities that may increase the likelihood that exposures will result in illness or other injuries. By engaging with communities and considering the cumulative effects of an action on the exposed population, the EPA can best protect citizens from environmental injuries.

The Framework does not identify the legal basis for requiring cumulative impact analysis. As I discussed in my January 2022 column for The Legal Intelligencer, few environmental statutes expressly authorize agencies to consider cumulative impacts. Hence disadvantaged communities and administrative agencies at times rely upon civil rights laws for support. On the federal level, this ground has become more tenuous.