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Backyard Talk

Environmental Justice for Overburdened Communities: A View from New Jersey

 Last year, the New Jersey state legislature passed a landmark environmental justice bill that requires the state’s Department of Environmental Protection to identify overburdened communities in the state and to evaluate whether facilities seeking operating permits pose a   disproportionate, cumulative environmental impact on these communities. Facilities located in the same census tract as overburdened communities are subject to this requirement and include facilities that are major sources of air pollution (as defined under the Clean Air Act); resource recovery facilities or incinerators; sludge processing facilities, combustors, or incinerators; sewage treatment plants with capacity over 50 million gallons per day; and certain kinds of landfills.
This important piece of legislation was signed into law by the governor making New Jersey the first state to require a mandatory denial of a permit for new facilities and to impose conditions on renewal and expansion permits for existing facilities based on environmental justice (EJ) concerns alone. A new permit will be denied for facilities “where an [EJ] analysis determines a facility will have a disproportionately negative impact on overburdened communities.”
An overburdened community is defined in this bill as any census block group that fulfills at least one of the following criteria:

  • At least 35% of households qualify as low-income
  • At least 40% of residents identify as minority or as members of a tribal community
  • At least 40% of households have limited English proficiency

A low-income household is one that is at or below twice the poverty threshold (determined annually by the US Census Bureau)
A household with limited English proficiency is one where no adult speaks English “very well,” according to the US Census Bureau.
The bill requires that a company that wants a permit for a new facility, an expansion of a facility, or a permit renewal for an existing facility and if that facility is located partially or completely in an overburdened community, then the company must do the following three things:

  1. Write an environmental justice impact statement that evaluates the unavoidable potential environmental and health impacts associated with the facility and  the environmental and health impacts already affecting the overburdened community.
  1. Provide the environmental justice impact statement to government entities and the Community.
  1. Hold a public hearing no sooner than 60 days after providing the environmental justice impact statement:
    • The public hearing must be publicized in at least two newspapers that serve the community (including one non-English language newspaper).
    • The notice of the public hearing must include: description of the proposed facility, summary of the impact statement, date/time/location of the hearing, address at which community members can submit written comments.
    • The state Department of Environmental Protection will post the impact statement and the information about the public hearing on its website.

At the hearing the company “shall provide clear, accurate and complete information.”
For a full text of the bill, go to: https://legiscan.com/NJ/text/S232/2020

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Backyard Talk

The Rachel Carson Amendment

Our colleague and friend Lou Zeller at the Blue Ridge Environmental League (BREDL) shared an article he wrote a few years back about the great pioneer Rachel Carson who wrote in her epic 1962 classic Silent Spring that “If the Bill of Rights contains no guarantee that a citizen shall be secure against lethal poisons distributed either by private individuals or by public officials, it is surely only because our forefathers despite their considerable wisdom and foresight, could conceive of no such problem.”
Lou continued. “The public outcry created by Silent Spring led to a ban on DDT from agricultural use in 1972. However, today the industrial use of poisonous substances continues almost unabated, based on regulatory risk assessments and legally acceptable death rates. For example, retail shops are still permitted to dry-clean cloths with perchloroethylene, a carcinogenic solvent, even though non-toxic alternatives are available. Household hand cleaners laced with toxic Triclosan contaminate wastewater and sewage sludge deposited on farm fields as fertilizer. Nuclear power plants routinely spew radioactive Tritium into the air and water. And chemical giant Monsanto sells the weed-killer Roundup to farmers and homeowners—components of which are carcinogenic and known to damage the liver, kidney, brain and lungs. The list goes on.
“How can it be that after the passage of two generations we have let this continue?  Worse, a new natural gas extraction industry—cracking underground rock with high-pressure chemicals and water—exempts itself from the few environmental, public health and safety laws still on the books. It is indeed a strange blight creeping over the land.
“The Fifth Amendment to the US Constitution states, ‘No person shall…be deprived of life, liberty, or property, without due process of law.’  The Fourteenth Amendment adds that the States may not, ‘deny to any person within its jurisdiction the equal protection of the laws.’ Rachel Carson’s Fable for Tomorrow painted a grim picture, but it was meant to prompt action.  In part, she succeeded.  But it remains to us to ensure that the next forty years complete the changes necessary so our legacy to future generations is not a silent spring.  Either the fundamental principles established under the Constitution mean what they say, or Rachel Carson’s admonition should become the 28th Amendment to the Constitution.”
I think Lou is onto something. What do you think?

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Tiny air pollution rise linked to 11% more Covid-19 deaths – study

A small rise in people’s long-term exposure to air pollution is associated with an 11% increase in deaths from Covid-19, research has found. Another recent study suggests that 15% of all Covid-19 deaths around the world are attributable to dirty air.
The available data only allows correlations to be established and further work is needed to confirm the connections, but the researchers said the evidence was now strong enough that levels of dirty air must be considered a key factor in handling coronavirus outbreaks.
The new analysis is based on research reported by the Guardian in April, which has now been reviewed by independent scientists and published in a prominent journal. The consideration of additional data and more factors that may also influence Covid-19 death rates refined the rise in deaths from 15% down to 11%.
Most scientists think it is very likely that air pollution increases the number and severity of Covid-19 cases. Breathing dirty air over years is already known to cause heart and lung disease, and these illnesses make coronavirus infections worse. Short-term exposure is also known to increase the risk of acute lung infections.
Read More
Photo Credit: Wu Hong/EPA

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Backyard Talk

Residential Segregation and Disproportionate Exposure to Airborne Carcinogens

Researchers at Washington University in St. Louis published a paper late last year that found carcinogens present in the air of the St. Louis metropolitan area to be highly concentrated in Black and poor neighborhoods. They found that approximately 14% of the census tracks in the city had elevated cancer risk due to exposure to toxic chemicals in the air and that these air toxic hots spots were independently associated with neighborhoods with high levels of poverty and unemployment, and low levels of education. Census tracks with the highest levels of both racial isolation of Blacks and economic isolation of poverty were more likely to be located in air toxic hot spots than those with low combined racial and economic isolation.
This paper is important because the authors used an innovative geospatial approach developed by other researchers to identify spatial patterns of residential segregation in their study area. This approach captures the degree of segregation at the neighborhood level and identifies patterns of isolation of different metrics, which in this study was black isolation and poverty isolation. This approach differs from tradition methods that looked at the percentage of blacks or poverty in a neighborhood.
The authors used these two segregation measures – Black isolation and poverty isolation – to identify neighborhoods segregated by race and income in the St. Louis metropolitan area and evaluated the risks of exposure to carcinogens in the air in these areas. The cancer risk data came from the Environmental Protection Agency’s National Air Toxics Assessment and the census track sociodemographic data came from the American Community Survey. All spatial analyses were conducted using Arc GIS software.
These researchers found that census track levels of poverty, undereducation and unemployment were associated with toxic hot spots, while factors such as per capita income and median household income were inversely associated with toxic hot spots. These findings support other studies that identified disparities in exposures to ambient air emissions of toxic chemicals and that raised questions about whether residential segregation leads to differential exposure to air pollutants.
While the authors discuss a number of possible pathways connecting segregation and health, the relationship between segregation and exposure to air toxics is unclear. They discuss various factors that result in segregation leading to the “cycle of segregation” that includes neighborhoods with low social capital, few community resources and low property values which tends to attract more low income and minority residents and exposures to unhealthy air toxics.
The authors concluded that this study provides strong evidence of the unequal distribution of carcinogenic air toxics in the St Louis metropolitan area and that residential segregation leads to differential exposure to chemicals in the air that cause cancer.

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Backyard Talk

Studies Suggest Air Pollution Increases Threat of Coronavirus Airborne Transmission

By: Shaina Smith, Community Organizing Intern
The reality of environmental inequality is that industry polluters target low-wealth and minority communities disproportionately. A 2018 study found that Black and Latino people are typically exposed to 56% and 63% more air pollution than is caused by their consumption, but that white people are exposed to 17% less than they cause.
This exposure weakens the immune system over time, and people with preexisting respiratory or cardiovascular diseases are more likely to have a severe case of coronavirus.
A recent Harvard study found that higher levels of pollution particles known as PM 2.5 are linked to higher coronavirus death rates. An increase of just one microgram per cubic meter results in a 10% increase in coronavirus cases, and 15% increases in death.  A separate study of air quality found overlap between areas of high coronavirus mortality rate with high levels of air pollution. The EPA standard for PM 2.5 is 12 micrograms per cubic meter annual average, and the WHO standard is 10. However, some places in New York have annual PM levels above either standard, which may have contributed to the coronavirus hotspot earlier in the year. 
A preliminary study in Italy detected Sars-CoV-2 (the virus that causes COVID-19) on PM 10, which is the same thing as PM 2.5, but slightly larger. This means that air pollution is not only a direct pathway to transmission of coronavirus, but can even travel further in the air, increasing the risk for anyone living in areas of high contamination. 
CDC data shows Black and Latino people are three times as likely to become infected with coronavirus than white people, and twice as likely to die.
These communities on the frontlines of pollution were already facing a health crisis, the coronavirus pandemic makes it more deadly.
To control a second wave the government needs to seriously consider the findings of these recent studies and impose harsher penalties and regulations on industrial polluters. In doing so this means taking on the root cause of why Black and Brown people suffer the most from this pandemic: systemic racism embedded in environmental, economic, and political aspects of life. 
Photo by: Jason Wambsgans / Chicago Tribune/TNS via Getty Images
 

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Homepage News Archive

Environmental Groups Win Over New Coke Oven Regulation

Coke is a type of fuel that is converted from coal and made to produce steel. Environmental non-profits, including PennFuture filed a lawsuit against the EPA, claiming that they were not doing enough to regulate coke ovens under the Clean Air Act. Recently, the EPA admitted that they failed to properly regulate parts of the coke production process through the use of coke ovens. Read More.
Photo by Patrick Hendry on Unsplash

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Climate Change Tied to Pregnancy Risks, Affecting Black Mothers Most

Air pollution and increased temperatures are not only tied to climate change but have also been tied to the increased likelihood of having premature, underweight, and stillborn babies. Given that many low-income and minority communities are disproportionately impacted by industrial pollution and many can’t afford air conditioning in their homes, they are at a much higher risk for pregnancy risks. Black mothers have been specifically impacted by these risks. In addition to the risks of increasing temperatures and air pollution exposures, minority mothers tend to have less access to medical care and unequal levels of treatment when getting care. In order to address systemic racism, we need to also make sure that the environment in which people live is equitable. Read More
Photo by Tembinkosi Sikupela on Unsplash

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In Support of the Black Lives Matter Movement

Yes, we can say their names: George Floyd, Breonna Taylor, Ahmaud Arbery, Trayvon Martin and far too many more, people of color who were killed or mistreated by the racist criminal justice system. Black people and people of color experience daily threats to their lives due to institutional racism and exploitation in this country, a reality that is not always evident to someone who hasn’t had that experience. While our country’s long history of racial injustice and violence makes this fact unsurprising, it was and is horrible and it is unacceptable.
I have always believed in the power of social movements to create lasting change. Collective action has, in several very important moments in our country’s history, forced forward necessary changes to its laws and its norms, resulting in the bettering of many lives. I am lucky to have lived through a few of these moments, and I believe that this is one of them. I wholeheartedly support the Black Lives Matter movement and the progress they are fighting to create.
Just as communities of color are often targeted by institutional systemic racism, they also find themselves vulnerable to environmental health hazards at disproportionately higher rates than White Americans. Over our nearly 40 year history, our work has shown us that environmental justice is deeply interwoven with racial justice, and we at CHEJ have and will continue to be committed to equity for all races. We know the people and communities who are forced to live in America’s Sacrifice Zones — communities that are in the 70th or higher percentile for cancer and respiratory related illnesses. They are Black, Latino, Indigenous Native Americans and White. What they have in common is that they are almost always poor, and the air they breathe is always toxic. They did not choose to live with this exposure, but they are forced to suffer from pollutants spewing from factories, power plants, and other sources. Currently, many of these communities battle staggering infection rates due to COVID-19, which is worsened due to their pre-existing respiratory illnesses caused by many of these pollutants.
We hear the cries of George Floyd, Eric Garner, and more saying, “I can’t breathe.” There are many other silenced voices also pleading for their lives, who reside in these Sacrifice Zone communities. They, too, are being stripped of their rights to breathe clean air. Many times they are the same communities often preyed upon by a violent, racist criminal justice system and other forms of systemic institutional racism. Together, they represent compounding effects that continue to oppress and disenfranchise Sacrifice Zone communities and to a larger degree, disproportionately harm communities of color across our nation. We must do something now to stop it. We must work together, all of us, to ensure that everyone, and especially vulnerable communities, have the right to freedom, justice, and equality, including the right to breathe clean air. To the Black Lives Matter movement: know that we are with you in this fight, we are standing beside you, and we support you fully.
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Lois Gibbs, Founder of CHEJ, June 2020

CHEJ Statement

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Airborne Microplastics Have Infiltrated Most of Our Planet

Many recent studies have involved the effect of microplastics in drinking water on both human and marine health. However, more and more studies have begun investigating the impact that airborne microplastics have on both human and ecological health. Inhaling fragments of microplastics have largely detrimental human health impacts. The most surprising finding is that airborne microplastics have not just been found in highly industrialized and polluted areas, but also ones that we normally see as “pristine,” such as national parks. Microplastics can come from obvious sources such as plastic bottles, but also from waterproof outdoor gear and tents used for camping. The human health risks involved with breathing in fragments of microplastics have been recently linked to lung disease and tissue damage. Read More

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Backyard Talk

They can breathe. And it’s killing them.

By: Gustavo Andrade

What happens to people when the air they breathe is so polluted with chemicals that the simple act of inhaling hurts? When they go out to their car every morning to find a half-inch-thick layer of ‘dust’ on it? When kids in the neighborhood seem to share certain birth defects and developmental challenges to a disturbing degree? When so many neighbors develop cancers at an alarmingly young age?

Here’s what’s been happening to people who have to live in America’s Sacrifice Zones: They perish, as shamefully as Mr. Floyd; with the knee of corporate polluters pushing steadily and unrelentingly against their necks.

No individual or corporation will be held responsible, no charges will be filed, and no damages will be paid to grieving families.

After all, the company settled on this area for a reason: local residents are black, latino, indigenous, white and in all cases, poor. They can’t afford lawyers and don’t have time on their side. They lack political power, are unorganized and don’t even know what is being done to them. To those in power, they are easy prey.

When you live in a Sacrifice Zone, it means your neighborhood falls in the 70th percentile of cancer and respiratory illness in your state. You might have a power plant down the street from the kids’ school, or some type of factory just up the road from your church. You’re told they’re good people who bring jobs in so you shouldn’t ask too many questions about their business.

Now, what happens when those residents start to organize?

Well then, friend, all hell breaks loose.

They start asking questions. They start talking to one another and having meetings. Yes, sometimes even on Zoom. They form coalitions and neighborhood organizations and hold press conferences and make demands.

They start misbehaving.

And that’s how they, like the brave protesters and freedom fighters out on the streets, finally force that knee off their necks and win.