ENVIRONMENTAL JUSTICE
Minnesota’s Cumulative Impacts Legislation
“Protection against polluting facilities”
The Policy
In 2023, Minnesota passed the Frontline Communities Protection Act (FCPA), a groundbreaking law aimed at protecting communities disproportionately affected by pollution. The FCPA requires businesses to consider the cumulative impacts of their emissions when applying for or renewing air permits in designated environmental justice areas. These areas are defined based on factors such as the local population’s race, income, language skills, and proximity to tribal nations. If a facility’s emissions would result in a “substantial adverse impact” on these communities, the Minnesota Pollution Control Agency (MPCA) can deny the permit unless a community benefit agreement is reached to mitigate adverse impacts. The FCPA passed in 2023 under a Democratic trifecta in Minnesota, in which both legislative chambers and the governorship were Democratically-controlled. To learn more about the FCPA, please visit Frontline Communities Protection Coalition.
The Strategy: How Did Minnesotans Win This Policy?
TakeAction Minnesota played an active role in the coalition that won the FCPA. Coalition members, including COPAL and Minnesota Environmental Justice Table, with policy expertise worked closely with bill authors long before the 2023 legislative session to make a case for this policy and anticipate potential opposition. They advocated before their legislators, hosted events to educate the public about environmental racism, and mobilized communities in directly-impacted areas. When opposition sought to exclude tribal lands from the bill’s protections, the coalition successfully worked with the People of Color and Indigenous (POCI) Caucus within the Minnesota Legislature to block this carve-out. During the legislative session, TakeAction organizers conducted extensive outreach, including delivering presentations to nearly 2,000 students on the FCPA’s importance.
Importantly, the coalition partners engaged with residents in the areas most affected by pollution. They organized educational events and mobilized Minnesotans to advocate for the bill. These efforts helped build a strong base of support, which was critical to countering opposition efforts to weaken the bill.
The Law’s Impact
The FCPA is expected to significantly improve Minnesota's environmental and public health landscape by mandating comprehensive analyses of pollution in environmental justice areas, protecting vulnerable communities from further environmental degradation, and improving air quality.
While the law currently applies to Minnesota's largest urban centers—the Twin Cities metro area, Duluth, and Rochester, covering 55 percent of the state’s population—it marks an important step in recognizing and addressing the historical and ongoing injustices faced by communities of color and low-income Minnesotans statewide. Early successes include the closure of the Smith Foundry in South Minneapolis, a significant source of pollution, and the community-led purchase of the Roof Depot site in the East Phillips neighborhood for conversion into an urban farm and community hub.
However, challenges remain. The MPCA is in the early stages of rulemaking to determine critical components of the law, such as defining what constitutes a “substantial adverse impact” and the criteria for community benefit agreements. The agency has yet to deny any permits under the new law, and there may be pushback from industries seeking to weaken its implementation. Ongoing advocacy is essential to uphold law's intended protections for Minnesota’s most vulnerable communities.
Messaging Guidance: Words That Work
To replicate Minnesotans’ successful campaign for the FCPA, focus on messaging that centers community health, environmental justice, and the need for systemic change. Use language that highlights how cumulative impact assessments ensure that no community is disproportionately affected by pollution, especially low-income areas and communities of color. Frame the law as a tool to empower communities, protect public health, and promote fairness in environmental policy. Terms like “equity,” “public health,” “community protection,” and “justice” resonate well with both policymakers and the public. Referring to the businesses seeking permits as "polluting facilities" was also important, as just saying "business" brought the wrong rame to mind. Additionally, emphasize local stories and data that show the benefits of cumulative impact assessments, such as improved air quality and reduced health disparities.
Advocates should also highlight the need for strong community engagement in the rulemaking process and underscore how public input can help shape a more inclusive and effective law. Focus on proactive messaging that encourages collaboration with local stakeholders, including environmental justice groups, public health organizations, and community leaders. Talking points such as, "Building a coalition of diverse voices," "Ensuring transparency in decision-making," and "Creating stronger safeguards for our most vulnerable communities" can drive momentum. Share examples from other states and connect local efforts to broader national movements to replicate best practices.
The Progressive Caucus Action Fund thanks TakeAction Minnesota for their comments and insights.
For more state victories, see our