Author: CHEJ Intern

Since its major amendment in 1972, the nationally enforced Clean Water Act (CWA) has greatly restricted the amount of contaminants entering navigable open surface waters in America by setting a wastewater standard for industries and businesses. Not only has this improved water conditions to meet the needs of people, the environment has benefited as well.

However, confusion about what the CWA covers arose during the trials of Supreme Court cases SWANCC (2001) and Rapanos (2006). The major questions that emerged during the cases were these: Does the CWA protect certain bodies of non-navigable open surface waters, such as small streams and tributaries, that eventually feed into navigable open surface waters? Also, exactly how far does the CWA’s coverage extend?

Because the Act did not clearly define what bodies of water are protected, troubles arose for the EPA when it attempted to enforce the law in many cases. As much as 500 cases have been dropped or had priorities lowered in the years 2006-2007 alone because of the ambiguous definition of what is protected under the CWA. Without specifying what bodies of waters are covered, about 60 percent of America’s streams and 20 million acres of wetlands are at risk of losing protection. This is water that more than 117 million Americans use for drinking.

The newly implemented Clean Water Rule was designed to improve water protection by addressing this issue of ambiguity. The rule now precisely defines bodies of waters that were historically covered by the CWA. Specifically, the rule now provides comprehensible definitions on what types of tributaries, adjacent wetlands and waters, and isolated waters are protected by the CWA. Exclusions are also defined.

Some states, business, agriculture, and real estate developer groups are opposed to this new rule. They expressed concern that the new rule grants too much power to the federal government and that it can allow the EPA to step over its bounds.  U.S. District Court Judge Ralph Erickson of North Dakota blocked the new rule in a total of thirteen states by requesting an injunction hours before the rule was set to take effect. These states are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, New Mexico, Nevada, South Dakota, North Dakota, and Wyoming. Dakota Attorney General Wayne Stenehjem praises the injunction and hopes to see the Clean Water Rule overruled. He was quoted, “I am very pleased by today’s ruling, which protects the state and its citizens from the serious harm presented by this unprecedented federal usurpation of the state’s authority.”

This overruling continues to bar protection to Americans living in these states who obtain their drinking water from sources that could have otherwise been protected with this new rule. Regardless, the EPA stated that the new rule has been in effect since August 28th, 2015 in the remaining states that are not involved in the lawsuit. The EPA and Army Corps, who work together to implement the rule, state that the rule was developed to make definitions under the CWA easier to understand after previous court cases did not clearly define what bodies of water, such as small waterways or non-navigable open surface tributaries, are protected.

Requested input from environmental justice stakeholders was used when developing the Clean Water Rule. Over one million public comments were listened to in order to help better clarify what waters are protected by the CWA. The rule proposes that it will positively impact at risk populations and low income communities by enhancing key roles given to states and tribes when implementing their respective CWA programs. With smaller bodies of waters, such as streams, being covered, the Clean Water Rule has the potential to help clean water sources once unspecified by the CWA. Small urban and rural communities who depend on these water sources for consumption, bathing, recreation, and business could benefit from this new clarity in the Clean Water Act by reducing exposure to contaminants and chemicals.

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By Kaley Beins

Today some parts of the U.S. celebrate Indigenous Peoples’ Day to honor the history and culture of indigenous people in the Americas, while recognizing and protesting the extreme violence that these people faced from Columbus and other Europeans. Yet simple recognition of past wrongs does little for the many Native American tribes, nations, and people who still face intense socioeconomic and health disparities. The Center for Disease Control and Prevention (CDC) found that Native Americans may face higher risks of obesity and that heart disease is the leading cause of death in Native Americans in the U.S. This has been attributed in part to the Indian Removal Act of 1830 and the accompanying food rations of flour and lard. These rations led to fried food becoming “cultural foods” for many Native Americans, thereby institutionalizing poor nutrition and health problems. Additionally, many areas where Native Americans currently live are food deserts, or places where the population is low-income and has to travel more than 10 miles to a grocery store.

One such food desert includes Robeson and Hoke counties in rural Southeastern North Carolina. These counties are home to the Lumbee Tribe, the 55,000 descendants of the Cheraw Tribe that migrated from southern Virginia to the Carolinas in the early 1700s. Although recognized by North Carolina and the United States Congress as being “Indian,” the Lumbee are not officially federally recognized as a tribe and therefore are ineligible for any federal benefits. As they continue to fight for federal recognition, the Lumbee have worked among themselves and their own government to maintain their heritage and address problems within their communities. One problem they face is a lack of nutrition, which has caused high levels of obesity, diabetes, and cardiac problems among the Lumbee.

North Carolina’s most recent Health and Human Services budget allots $1.24 million of a federal Preventative Health Services Block Grant to the Physical Activity and Nutrition Program, yet it is unclear how effective such programs will be as almost 20% of North Carolinians do not have access to healthy foods and produce. As Mac Legerton, co-founder of the Center for Community Action in Lumberton (CAC), puts it, “Southeastern North Carolina is host to 4 counties of persistent poverty including Robeson and Hoke County and poverty is one of the major determinants of people’s health…While there are limited state and national resources, most communities are going to primarily have to rely on building sustainable economies from the ground up.” The CAC focuses on what it calls “the 5 E’s of sustainability: education, economy, environment, equity, and energy.” Part of their sustainability work includes “creat[/fusion_builder_column][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][ing] a food system that focused on poverty reduction and alleviation and bas[ing] it on support for limited resource farmers.” In an effort to work with grassroots organizations and limited resource farmers, Mac works with Hoke County’s Hawkeye Indian Cultural Center (HICC).

The HICC works to “strengthen families, unite people through cultural enrichment and enhance the self-sufficiency of underserved and distressed communities, particularly among Native Americans in Hoke and surrounding counties.” I had the opportunity to speak with Gwen Locklear, cofounder and current Vice-Chairman of the HICC about her work, especially the HICC’s 2-acre organic farm and their Sustainable Lifeways Initiative . Gwen’s family has been connected to the HICC land for over 100 years; in the late 1800’s her grandparents were sharecroppers on what is now the organic farm. Recognizing the discrimination and racial tension in the schools as well as the other problems their community faced, Gwen and other leaders of the Hoke County Native American community created the nonprofit HICC in 1997 to “provide services to the local Indian people and manage services at the regional, state and national level.” As Gwen puts it, “Sometimes, when you go and advocate on a board it doesn’t change things, so we thought we’d do it ourselves and apply for our own funding.”

On their 2-acre organic farm, Hawkeye Indian Cultural Center grows seasonal produce, which they sell to locals and distribute to soup kitchens and food banks. Gwen explains this generosity in two ways: “We educate people on how to eat healthy; we want to lift them up out of health issues that their grandparents might have today,” and “We not only serve Native Americans; we serve all groups. We just want to do what we can…that’s what we’re about: helping others.”

In addition to their work supporting the low-income communities of Hoke County, one of the HICC’s most impactful programs specifically targets the Lumbee in all of Southeastern North Carolina.  The Sustainable Lifeways Initiative uses the grant money from the U.S. Department of Health and Human Services Administration for Children and Families and Administration for Native Americans to address health issues, promote economic growth, and continue cultural education programs. Gwen explains, “We wanted to do some positive things in the communities for our kids; we wanted to develop a place of hope…our own place we can be in fellowship together.” The health portion of this project is about the health of the whole person. “Going back to where we came from was basically going back to the earth,” Gwen says.

As the North Carolina Legislature struggles to address issues of poverty, health, and nutrition, this small farm and cultural center in rural Hoke County works tirelessly to support its people. Gwen emphasizes the mission of the Sustainable Lifeways Initiative and the Hawkeye Community Center. It “teach[es] you to be a survivor and be sustainable in life itself. It includes education, and it includes you as a human being.”

For more information about Hawkeye Indian Cultural Center please click here.

The Center for Community Action in Lumberton is “one of the oldest multiracial social justice organizations in the entire South and has been engaged in environmental justice for over 30 years.” For more information about the Center for Community Action or about Mac’s new work regarding eco-ministry please contact him at mac_cca@bellsouth.net or at 910-736-5573.

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By Kaley Beins

As Hurricane Joaquin moves up the East Coast , governors have declared states of emergency. While meteorologists say the storm’s path is difficult to predict, many states fear infrastructural damage, especially as they continue to address the destruction from Hurricane Sandy three years later.

Hurricane Sandy caused $50 billion worth of economic damage in New York and New Jersey and damaged or completely destroyed at least 650,000 homes. However, as much damage as Sandy wreaked, its effects on low income and otherwise marginalized communities were even more severe.

In November 2012 New Jersey Governor and current Republican presidential candidate Chris Christie reported that the total damages in New Jersey added up to $36.8 billion. The state received $6.9 billion from the Federal Emergency Management Agency (FEMA) to assist in recovery.  Yet a January 2014 report by the Fair Share Housing Center found that the funds were distributed in ways that discriminated against Latinos and African Americans. The report asserted that documents they accessed during their legal dispute with the New Jersey government show that claims filed by Latino and African American applicants were rejected at higher rates than claims filed by whites. Governor Christie has disputed this allegation, calling the Fair Share Housing center a “hack group” making “outrageously false” statements.

In addition to criticizing the rejection rates, organizations have also claimed the Christie administration has failed to allocate sufficient funds for renters and has unfairly prioritized counties without enough consideration of damages. The Fair Share Housing Center report found that Latinos and African Americans affected by Sandy were more likely to be renters than owners.  Linda Steele, president of the Atlantic City NAACP, further highlighted the problem, explaining that renters were dependent on the property owners’ participation in order to get funds to rebuild. This means that if owners did not pursue claims, renters lost their homes. However, according to an analysis by New Jersey’s The Star-Ledger, $2 million, almost half of the money that had been allotted at that time, was distributed to landlords in Essex County. Lisa Ryan, a spokesperson for New Jersey’s Department of Community Affairs, stated, “Not only are we allocating considerable funds to rental housing, we are doing so at a greater ratio than the damage assessment indicates.”

This contention over inequity of fund allotment in combination with a lack of timeliness in governmental response prompted New Jersey Senate President Stephen Sweeney to introduce a “Sandy Bill of Rights” in February 2014. It sought to address issues from governmental opacity to a lack of accurate information for Spanish-speakers filing claims. Although the bill passed 34-0 in the Senate and 72-0 in the Assembly, Christie offered a conditional veto of the bill in May 2014. Despite previous bi-partisan support for the bill, Republicans were loath to challenge the veto.

As of March 2015, FEMA has decided to reopen over 140,000 homeowner claims, and in April a FEMA and congressional task force met to address issues with the administration of Hurricane Sandy relief. As we approach the 3-year anniversary of Hurricane Sandy, we hope that FEMA and the congressional committee will maintain their focus on ensuring equitable distribution of funds.

Over the past few days Hurricane Joaquin has caused some of the worst flooding in South Carolina’s history. As the state begins to address the damage, they will hopefully look at the situation in New Jersey and work to eliminate aid disparities.

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