Can there be a disproportionate high and adverse effect on a minority or low income population even if the minority and low income population does not exceed the average for the service area?
Yes. This is precisely the distinction that FTA makes in the Circular. While the minority or low-income population in an area may be small, this does not eliminate the possibility of a disproportionately high and adverse effect of a proposed action on the EJ population. Disproportionately high and adverse effects, not population size, are the bases for environmental justice.
Last updated: Wednesday, June 7, 2017