Home > Journals > WMELPR > Vol. 41 > Iss. 3 (2017)
William & Mary Environmental Law and Policy Review
Abstract
This article examines the intersection of environmental justice (EJ) and federal climate regulation through a focused analysis of the Clean Power Plan (CPP), the first major U.S. effort to regulate carbon dioxide emissions from existing power plants. Martinez argues that while the CPP promises significant reductions in greenhouse gases and associated health benefits, it insufficiently addresses equity concerns for low-income communities, communities of color, and Native communities. The paper highlights two dimensions of justice—procedural justice, concerning stakeholder participation in rulemaking, and distributive justice, concerning the allocation of benefits and burdens. Central to the analysis is the role of energy efficiency programs, which the CPP recognizes as a compliance pathway. Martinez demonstrates that existing energy efficiency infrastructures systematically disadvantage EJ communities through cost barriers, “low-hanging fruit” biases, and inadequate program design. She critiques the Clean Energy Incentive Program (CEIP), noting that its incentives for low-income energy efficiency remain too limited to counter structural inequities. The article concludes with recommendations for embedding justice in climate policy, including stronger community participation, equity-focused incentive structures, and race-conscious impact assessments. Ultimately, Martinez calls for climate strategies that advance both environmental and social sustainability, warning that a carbon-reduction-only framework risks perpetuating inequality.