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EJSCREEN: The Environmental Litigation Tool of the Future?

President Joseph Biden Jr. has committed to making major improvements in environmental justice communities (EJCs) by pledging to invest 40% of his $2 trillion clean energy plan into these communities.
The question for industry is what this will look like and how it will impact business.
A judicial order in a Louisiana district court case late last year could provide some clues. The EPA’s EJSCREEN mapping tool, used to identify pollution risks in minority and low-income communities, provided pivotal information for the judge.
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Photo Credit: Petrmalinak/Shutterstock.com

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Backyard Talk

Covid-19 is an Environment Justice Issue

By: Leia Ku Cheng Yee, Communications and Development Intern
As we enter the month of March, we mark one year of wrestling with the devastating impacts of the COVID-19 pandemic. In regards to the impacts of the pandemic, it comes to no surprise, that the minority, impoverished groups are the most negatively affected. One good thing that came out from the pandemic is that it has spotlighted the societal issue of the disproportionate amount of low-income population that live in contaminated areas. It has made these communities more visible than before. These low-income, racial-minority communities are more vulnerable to COVID-19 and have higher risk of death due to the decades of unjust and inequity in the system. The people still need to be more educated on this issue and raise awareness to the public. One year has gone by, and not much has changed. 
In 2020, the inequity in the country has been amplified through the Black Lives Matter Movement, but we still lack environmental regulations in the country to target environmental justice issues. I am sure that we are all aware that the virus does not discriminate, so why are certain communities struggling more than others? This is mainly caused by the lack of strong political voices in these communities, in comparison to a white, high-income community that has more economic power. Moreover, coal plants, landfills, injection wells, and other toxic waste sites have existed in communities of colors for decades, and have been emitting toxic pollutants to the air and water of these communities for years.
A new Harvard study found a significant overlap between COVID-19 fatalities and other conditions related to long-term air pollution exposure, showing that those who have lived in places with significant air pollution (cities) are 15% more likely to die from COVID-19 than those with the same health profile who live in less polluted areas. Through inhaling toxic chemicals in the air, these communities are more prone to cardiovascular and pulmonary disease, chronic health issues that increase their risk of contracting COVID-19. The Centers for Disease Control and Prevention released its first breakdown of COVID-19 case data by race, showing that 30% of patients whose race was known were black. Communities of color have long fought for environmental justice issues through addressing the unjust in the system, but they lack political and economic power to prevent incoming toxic exposure, or eradicate existing pollution. 
To address the disparities in COVID-19, we have to first address our structural inequalities in this country. The high-income communities have easier access to professional health care, priority access for testing kits as well as vaccines, and have the luxury to enjoy staying at home. On the other hand, low-income communities struggle to put food on their table, and are risking their lives everyday just living in the contaminated neighborhoods, especially during the COVID-19 pandemic. Our country needs to invest more in public health preparedness, so that these vulnerable communities are prepared when encountering disasters like the COVID-19 pandemic.
Photo Credit: Bebeto Matthews

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ANALYSIS: State Laws Are Codifying Environmental Justice

A growing number of states are adopting laws that promote environmental justice (EJ), which is the equitable treatment and involvement of all people, regardless of demographic, in the development and application of environmental laws and policies.
These laws are giving regulators and communities new tools to mitigate negative environmental impacts that have historically and disproportionately affected minority and low-income communities.
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Photo Credit: Bloomberg Law and Bloomberg Government

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Living in a contaminated land: Navajo EPA’s assistant director says history of uranium contamination has gone on long enough

WINDOW ROCK, Ariz. — Dariel Yazzie, Environmental Assistant Director for the Navajo Nation Environmental Protection Agency (EPA) takes a deep breath when asked about why the cleanup of uranium mines on the Navajo Nation is important to him.
“It’s personal,” he said.
Yazzie shares that it has impacted his health and many of his family members’ health.
Yazzie grew up in Cane Valley, southeast of Monument Valley, and said his maternal grandfather Luke Yazzie Sr. found uranium mill tailings less than a mile from their homestead. Their home was demolished in 2009 because of the contamination.
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Photo Credit: Kathy Helms/Gallup Independent via AP

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Homepage News Archive Superfund News

Hundreds of toxic sites at risk for flooding, which could endanger surrounding communities

NAVASSA, N.C. (SBG) — Millions of Americans live near Superfund sites, areas the federal government considers contaminated as a result of hazardous waste that was dumped, mismanaged or otherwise left out in the open. Many of those sites are still awaiting cleanup. And with climate change triggering sea-level rise, experts are ringing the alarm bell about the threat of flooding at Superfund sites, which could put the communities that surround them at risk.

Photo Credit: Alex Brauer
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Pollution is so bad in this Chicago neighborhood, people are on hunger strike to stop it

Oscar Sanchez’s fight against a scrapyard set to be relocated to his Southeast Chicago neighborhood has taken quite the physical toll. He’s lost about 20 pounds in the past month. He is increasingly unable to sleep, speak, or think clearly. Sometimes it’s so bad he can’t remember what he said even five minutes ago.
Sanchez knows exactly why his mind and body are deteriorating: He is one of more than 100 Chicagoans participating in a hunger strike to force the city to rethink the scrapyard’s proposed location. The metal recycling plant used to be in a wealthy, mostly white neighborhood, but its newly approved site is in a lower-income, predominantly Latino area that’s already carrying a higher environmental burden compared to other parts of the city.
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Photo Credit: Grist/Google Earth
The hunger strike ended on March 7th after over a month of protests and direct actions, but activists vow to continue the fight. Read about their continued fight here.

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In call for environmental justice, Biden’s climate agenda reaches into neighborhoods

WASHINGTON — The census tracts span much of Pittsburgh, along with the suburban North Hills and South Hills. They snake along the banks of the regions rivers, encompassing small towns like Connellsville and Kittanning, rural swaths of Indiana County and the woods of the Allegheny National Forest.
State officials have deemed the tracts as environmental justice zones: areas with high poverty rates or high rates of “non-white minorities,” or both, and that often contend with industrial development or pollution issues.
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Photo Credit: Andrew Rush/Post-Gazette

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Homepage News Archive Superfund News

Texas cold snap froze cleanup efforts at some Superfund sites

Texas’ deep freeze was the latest warning that extreme weather events threaten to derail efforts to clean up the most toxic sites in the US. In a worst-case scenario, a natural disaster can unleash buried toxic substances. But even minimal damage or the mere threat of a storm can stop or slow cleanup efforts.

That vulnerability could become a bigger problem as climate change brings about more weather-related disasters. For years, experts have pushed the Environmental Protection Agency to prepare for the onslaught.

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Photo Credit: Justin Sullivan/Getty Images

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Environmental racism in Louisiana’s ‘Cancer Alley’, must end, say UN human rights experts

Originally dubbed “Plantation Country”, Cancer Alley, which is located in the southern state of Louisiana along the lower Mississippi River where enslaved Africans were forced to labour, serves as an industrial hub, with nearly 150 oil refineries, plastics plants and chemical facilities.
The ever-widening corridor of petrochemical plants has not only polluted the surrounding water and air, but also subjected the mostly African American residents in St. James Parish to cancer, respiratory diseases and other health problems.
“This form of environmental racism poses serious and disproportionate threats to the enjoyment of several human rights of its largely African American residents, including the right to equality and non-discrimination, the right to life, the right to health, right to an adequate standard of living and cultural rights”, the experts said.
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Photo Credit: Robin Sommer/Unsplash, file

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Backyard Talk

Communication for the Community

By: Judith Eppele, Community Organizing Intern
Growing up in a household with divorced parents, I quickly realized how important communication was for creating and sustaining strong relationships. This notion is the backbone of CHEJ, of which I’ve experienced firsthand through my time as an intern. Since I’m a community organizing intern specifically, I’ve found that having good communication with the different community groups we work with is incredibly important. In fact, I’d go as far as to say that maintaining this good communication is one of the most important parts of organizing. Though I haven’t been with CHEJ for that long–I’m coming up on my three month mark soon–I’ve been able to see this in action through helping out with the Unequal Response Unequal Protection campaign.
If you haven’t checked it out already, Unequal Response Unequal Protection is all about developing a framework to conduct health investigations for toxic chemicals. But the root of this campaign is the emphasis of it being community-driven. This is seen in the Operating Principles of the campaign, wherein the community leaders are involved throughout the entirety of the process in order to create the most effective and personalized response possible. When I first read this, I was a bit surprised, but in the best way possible. I’m an Environmental Science and Management major and so have taken some environmental policy classes, though usually there is more of an emphasis on what the government should/shouldn’t do or has/hasn’t done in respect to making change happen, as opposed to the role of community members and grassroots level organizing. I’d really only seen community members having the ability to be involved in policy making processes through a public comment period, though this doesn’t guarantee that the comments will actually be taken into consideration as the policy moves forward. On top of this, the public comment period is usually pretty short, sometimes being only 30 days long! This never sat right with me, as shouldn’t it be clear to policy makers to have solid communication with the community members that live in the area that they’re trying to enact a policy in? Aren’t they who you’re trying to help? That’s why I found Unequal Response Unequal Protection so refreshing, as there is that prioritization of solid communication between community members, scientists, and activists in order to make the best chemical contamination response possible. In doing so, everyone can submit their comments, questions, and concerns at any time throughout the process and feel confident that they’ll be heard and respected.
As I mentioned earlier, I’m a huge supporter of good and extensive communication. Without it, people and their experiences wouldn’t be accurately represented in decision-making processes, which could cause more problems than what was already there in the first place–and who wants that? While Unequal Response Unequal Protection and CHEJ in general are making waves in promoting communication, it’s definitely lacking in the greater world of policy making. While amending this may not be easy, it’s not impossible. Taking full advantage of any public comment period, setting up meetings with local policymakers, and reaching out to people outside of your community group in order to gain additional points of views on your issue are a few ways that you can take a stand in supporting the importance of communication. After all, many hands make light work, and the fight against toxic chemicals needs as many of these hands as possible.
Photo Credit: Liquid Planner