Environmental Justice and Enforcement: Guidelines from Three Country Studies

Abstract

This article argues that environmental justice extends beyond planning and decision-making to include enforcement as a critical, yet often overlooked, dimension. It advances the claim that incorporating environmental justice into enforcement law and policy is essential for addressing structural inequalities and promoting accountability in environmental governance. The primary objective of the article is to identify environmental justice guidelines embedded in enforcement frameworks, with the aim of strengthening the role of justice in regulatory practice and enhancing the equity and effectiveness of enforcement outcomes. The analysis focuses on three enforcement tools that reflect a flexible and responsive approach: (i) the United States’ Supplemental Environmental Projects, (ii) the United Kingdom’s Environmental Enforcement Undertakings, and (iii) Chile’s Compliance Programmes. The article draws on three sources of data: case studies, the environmental justice guidelines applicable to them, and the existing state of enforcement. It begins by examining the regulatory design of enforcement systems in the three jurisdictions; it then analyzes each tool to identify how environmental justice dimensions are integrated – or could be integrated – into their design and implementation. Finally, it assesses the practical application of these instruments, arguing that the deliberate incorporation of environmental justice considerations can improve the responsiveness, transparency, and legitimacy of enforcement mechanisms, which ultimately benefits both the environment and affected communities.