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Environmental Justice is Racial Justice

By: Anabelle Farnham, Communications Intern
Just over one week ago, on May 25th, activists gathered to mark the anniversary of George Floyd’s death, which was the spark for powerful anti-racist protests and calls to action across the country in 2020. The same day this year was marked by gatherings, marches, and celebrations of life to honor him and the fight for Racial Equality that his death has come to symbolize.
As an intern with the Center for Health, Environment and Justice (CHEJ), Racial Justice and Equality are some things that I am challenged to think about every day, as it is inherently intertwined with the work we do for Environmental Justice and Equality. It is no secret that communities affected by pollution have greater health risks from their environment and are disproportionately constituted by lower-wealth and minority individuals. Studies estimate that on average, communities who live within 1 km (1 miles equals approximately 1.60934 km) of toxic waste facilities in the United States are majority people of color, with 20% being African-American. In contrast, communities living further than 5km away from toxic waste facilities are estimated to be only 8% African-American. In 2007, it was estimated that 1.8 million African-Americans lived in a neighborhood near one or more of the over 400 identified commercial hazardous waste facilities in the United States.
Not only are the current statistics of who is at risk from their environment skewed, but the history of Superfund clean-ups comes with its own biases, as well. As of 2021, the EPA has been working on Superfund clean-ups for over 40 years, and in the first decades of this work, particularly the 1980s, the sites with greater media coverage and urgency to clean up were often in communities with highly educated populations. This left many sites in majority African-American, low wealth, and urban neighborhoods ignored and without the attention or funding needed to clean up their toxic pollution environments. Since the first decades of Superfund, this disproportionate treatment has subsided, or ceased all together.  However, the issues for people of color and low wealth individuals living near toxic contamination remains potent and has not changed.
Racial Justice and Equality, in the context of Superfund, doesn’t stop when the sites have been cleaned up. It is still imperative that as these neighborhoods become livable they continue to be homes to those communities who have fought for their clean-ups in the first place. This means continuing to maintain affordable housing and taking additional measures that prevent gentrification, so that communities are not pushed from one environmentally damaged site to yet another environmentally damaged site. This is why the work that CHEJ is committed to remains important. Our work empowers local communities to have a voice at every step in the process, which is key in not only cleaning up Superfund sites, but other contaminated sites throughout the country.
As CHEJ celebrates 40 years of fighting for Environmental Justice and Equality, it is a poignant opportunity to reflect on what this justice encompasses. Not only is our focus on achieving a clean environment and eliminating threats to our health, it is also inextricably tied to Racial Justice and Equality for those disproportionately bearing the burden of pollution and toxic exposure in this country.  For more information on the intersections between how communities are affected by these injustices, and how to fight to win, please visit chej.org/organizing-and-leadership/.
Photo Credit: Gabriele Holtermann

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The Fight for Equal Protection

By Judith Eppele, Community Organizing Intern
Have you ever wished you were a tomato? Probably not, but in the context of health issues, you may change your mind. Think about how fast health authorities respond to E. coli outbreaks in lettuce, Listeria in milks and cheeses, or even Salmonella in–you guessed it–tomatoes. Now think about health issues caused by pollution. How long has Flint, Michigan been without clean drinking water? Objectively, way too long. The disparity between the length of these responses–or lack thereof–is obvious and appalling. Thankfully, CHEJ has recognized this problem and is actively working to fix it, through our Unequal Response Unequal Protection campaign.
This campaign has been the main focus of my internship with CHEJ thus far, and so I’ve had firsthand experience with finding a solution for the Unequal Response issue. Most notably is trying to figure out how to build a model from the ground up that gives communities a fair and equal response to public health issues, in which an entity has to meet with them and have a conversation about the specific issue in their community. One of my favorite parts of this model is that it’s a joint effort between the community members and the health authority entity. Therefore, the entity and community members will be in conversation with each other throughout the process. This will allow for community members to finally be justly heard and respected in their fight against toxic chemicals, and nothing can be swept under the rug without them knowing. Further, the entity is able to make a more informed decision on what the actual problem is and how best to solve it, as they’re able to have constant communication with the community at hand. This ensures for a more transparent and efficient health investigation affair, and thus a win-win situation.
Eventually, we’d like for the Unequal Response Unequal Protection campaign to be implemented into national legislation. Doing so would be monumental for community groups across the country–possibly being the best thing since sliced bread! We are one step closer to living in a world where people are able to live peacefully in a safe and healthy community, with no fear of chemicals in their drinking water, food, or air. After living a year in a world where safety and health are never promised, a type of national legislation that covers the environmental aspect of health issues could not be more welcome.
In case you’d like to read more about the goals of Unequal Response Unequal Protection and our progress thus far, feel free to check out the page on our website HERE. You can also email us at info@chej.org if you have any questions or comments, or if you’d like to join us on our campaign journey. In the fight against toxic chemicals, the more support from awesome people like you, the better. Let’s win this fight together!
Photo Credit: CNN

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Sacrifice Zones: Continuing the Fight

By: Julia Weil, Community Organizing Intern
As we have seen countless times, hazardous contamination is disproportionately present in areas where more minority and low-income people live. Though this has been both protested at specific sites and researched on a larger scale for many years, it not only continues, but the companies responsible both refuse to take responsibility and even deny the environmental racism that drives their decision-making.
The process of moving potential contaminating facilities out of white neighborhoods and into majority minority neighborhoods can be seen in the case of Southside Recycling, owned by Reserve Management Group, in Chicago.  Formerly General Iron, the scrap metal shredding facility was proposed to move out of Lincoln Park, a wealthier and whiter area of Chicago, and into the already environmentally over-burdened Southeast Side, in an area where the majority of residents are Latino.
In Lincoln Park, before the proposed location change, the General Iron facility was protested by residents due to the noise, smell, and particulate matter, and a notice of violation was issued due to emissions.  The new company name doesn’t change the impact that the metal shredding facility could have on surrounding communities.
Recognizing the sickeningly common narrative continued by the location change, local activists on the Southeast Side conducted several protests and participated in a hunger strike. The Southeast Side of Chicago has a long history of environmental racism and pollution, driven by zoning laws. In fact, over just the past 7 years, as many as 75 facilities in that area were inspected for “allegedly violating the Clean Air Act.”
However, the owners of Southside Recycling continue to defend their actions, asserting that this move isn’t due to environmental racism and the new facility will be “environmentally conscious.” The owners cite the greater area of the plot available on the Southeast Side as being protective, though an elementary school and a high school sit just a half mile from the new site, and the area in which they planned to relocate already suffers from a higher level of contamination.
The planned relocation resulted in a civil rights lawsuit being filed against General Iron, and has attracted the attention of the EPA. Michael Regan, the EPA’s 16th Administrator, has declared that the Southeast Side of Chicago suffers from environmental injustice, and has asked that the city delay the issuing of a permit for this facility. Hopefully, this is a first step towards halting development of the facility altogether in this location, followed by more protective litigation for over-burdened communities.
Photo Credit: Antonio Lopez

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Indigenous Environmental Justice and A New Department of the Interior

By: Tony Aguilar, Organizing Intern
In constructing his cabinet, President Biden appointed Deb Haaland, a Native American woman and former U.S. representative from New Mexico to be the Secretary of the U.S. Department of the Interior. The Department of the Interior manages America’s natural resources and Native American relations in Bureaus such as the U.S. Fish and Wildlife Service as well as the Bureau of Indian Affairs. Since Haaland’s confirmation, she has put together a diverse team in the DOI, including other Native American additions like Lawrence Roberts and Heidi Todacheene. Since the colonization of America, Indigenous voices have only been silenced, especially when it came to issues like land management. The appointment of Deb Halaand seems to be a step in the right direction in reversing the contentious history between the American Government and Indigenous communities. 
Before America’s colonization, Indigenous peoples practiced an engagement with nature that was full of reverence and respect for Earth’s natural resources. Many Indigenous cultures view our resources as entities themselves that we have familial relationships with, implying a sense of responsibility to take care of things like water and soil. This attitude toward the natural world is apparent in the way that Indegenous peoples built societies that sustained themselves for generations before Western colonization without depleting the Earth’s resources. Frequent relocation, industrialization, and other land rights infringements have not only kept Indigenous peoples from practicing the same level of sustainability of their ancestors, it has also disproportionately threatened or damaged many of the natural resources that surround or belong to Indigenous lands.  
The United States has yet to achieve a level of sustainability that Indigenous communities once had, but a restructuring of Native American affairs that Deb Haaland is committed to, may allow Indigenous communities the sovereignty and self-determination to keep pollution out of their communities and go back to the practices that built and sustained their communities for so many generations before them. These communities may then even serve as an example to the rest of America of what sustainability really means.
 As a 35th generation New Mexican and member of the Pueblo of Laguna (a Native American tribe in west-central New Mexico), Haaland has spent her career in politics fighting for environmental justice as well as many other Native American Issues. During her time in the House of Representatives, Haaland served as vice chair of the Committee on Natural Resources and also co-sponsored the Environmental Justice for All Act. As the Secretary of the Department of Interior, Haaland understands that Native American communities, along with communities of color more generally, take on most of the burden when it comes to environmental problems and has made it a point to ensure that these communities are being helped. Coming from such a community herself, Haaland serves as a beam of hope to all of the communities that suffer from environmental injustice, especially Native American communities that have not only lost their land, but also much of their culture to colonial industrialization. 
 
Photo credits: United States Department of the Interior

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President Biden’s Infrastructure Plan is a Chance to Right a 26-Year-Old Wrong

By: Kristen Millstein, Communications Intern
After several months of working on the Make Polluters Pay campaign with CHEJ, hearing that President Biden’s infrastructure bill included a Polluters Pay Tax felt like a breath of fresh air. The Polluters Pay Tax, which expired in 1995, funded the Superfund program and was used to clean up toxic waste sites when the responsible party could not be identified or was unable to pay. Since then, money to clean up toxic sites has come from general tax revenue. These funds are not sufficient, and they force ordinary taxpayers to pay for the mess corporate polluters made. The number of cleanups has steadily declined due to a lack of funding and the backlog of toxic sites has increased. Efforts by environmental groups and lawmakers to reinstate this tax have failed thus far. However, it is difficult not to feel some hope for this new push to reinstate the tax and finally hold corporations accountable for pollution and toxic waste. The current political moment might be just what we need to right a 26-year-old wrong.
It’s easy to miss the Polluters Pay Tax among all the other policies and priorities included in President Biden’s proposal. It’s all the way at the bottom, under a tiny subheading that says “Eliminate Tax Preferences for Fossil Fuels and Make Sure Polluting Industries Pay for Environmental Clean Up.” But though it’s only a small part of a much larger plan, its impact could be life-changing for the communities living near toxic sites. From California to New Jersey, CHEJ works with communities suffering from health problems like cancer, kidney disease, and autoimmune conditions due to toxic exposure from Superfund sites. Some communities have been on the National Priority List for forty years and are still waiting for clean up, and the list is only growing. With the reinstatement of this tax, the EPA could finally begin to do the clean-up work it is supposed to do and protect the health of the 73 million Americans living within 3 miles of a Superfund site.
This is an incredible opportunity, but we can’t assume the tax will pass. Industry is already ramping up its attacks against the legislation, and no Congressional Republicans have expressed any support for raising taxes on corporations. Slim Democratic majorities in the House and Senate mean we must unify all Democratic congresspeople behind this infrastructure package and the Polluters Pay Tax in particular. Democrats Rep. Earl Blumenauer (D-OR), Rep. Frank Pallone Jr. (D-NJ), and Sen. Cory Booker (D-NJ) have already introduced Polluters Pay bills. Now is the time to call our representatives, activate our frontline communities, and put the pressure on lawmakers from every state to support the Polluters Pay Tax–we’ve waited 26 years, and we cannot wait any longer.
Photo Credit: CHEJ

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PFAS Contamination in California

By: Leia Ku Cheng Yee, Communications and Development Intern
Since I have been living in California for 5 years, and have only been drinking tap water, I have always wondered if the water is safe for every Californian. Although I am a tap water advocate, and a firm believer that plastic bottled water is negatively impacting the environment, it is also significant to point out that not all individuals have the privilege to enjoy clean water. 
After listening to Andrea Amico’s story about the PFAS contamination at the Pease International Tradeport, I did some research and discovered that more than 300 drinking water wells in California have traces of chemicals, including PFAS, that is linked to cancer. I was shocked after reading about it in the Los Angeles Times, because most Californians are unaware that they are drinking traces of chemicals. Although they are concentrated largely in Los Angeles, Orange and Riverside counties, contaminated wells are found statewide, in rural as well as urban areas. 
PFAS are known as “forever chemicals” because they persist indefinitely and accumulate in our bodies. Children and mothers are the most vulnerable to this chemical, and it can affect their reproductive and developmental health. PFAS also has been traced to kidney and testicular cancer, as well as high cholesterol and thyroid disease. It is a key ingredient in firefighting foam used in military bases, and has become a major component of groundwater pollution. But the chemicals are everywhere, hard to break down, and expensive to clean up. To learn more about PFAS, visit http://chej.org/toxictuesdays/.
Some utilities have treated the water to remove most of the chemicals, while others have started blending contaminated water with other sources to lower their concentration. Now, the new state law has required water providers to notify customers if the level of PFAS exceeds the threshold. But, it is not enough. Although the ultimate solution is to clean up, funding is scarce, and it is simply too costly to treat or replace the contaminated water. To cover the costs, water providers across California have begun what legal experts suspect could become a flood of lawsuits. 
Moreover, PFAS contamination in California is also an environmental justice issue. On any given day, one million Californians lack access to safe and affordable drinking water. Low-income communities and communities of color are disproportionately harmed by this drinking water crisis, which affects hundreds of small, primarily rural communities across the state. In many cases, these communities lack the collective resources to pay for the high costs of treating or replacing contaminated water. It is not unusual for low-income residents to pay upwards of 10 percent of their income for safe water. 

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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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Aquaculture Diversity On The Chesapeake Bay

By: Sharon Franklin, Chief of Operations
In a recent article in the Chesapeake Quarterly “Diversity Grows in Aquaculture”,
https://storymaps.arcgis.com/stories/90f423a556ac4a0fa435e43531cb5f3e  Imani Black describes how and why she entered the Aquaculture business.  One reason was that she rarely saw anyone who looked like her in the Aquaculture business.  She was the only Black person and one of only a few women working on oyster farms in Maryland and Virginia.  She grew up on the Eastern Shore in a family with strong maritime roots, however, she began to feel alone in an industry that she had hoped would be a part of her future.  This led her to begin to ask her colleagues, when was the last time you saw a minority in a leadership role in Aquaculture?  She said “They were shocked that I was asking that andI don’t think people really thought about it until I asked, and after asking they couldn’t give her an answer.  So, six months later Ms. Black answered her own question and founded Minorities in Aquaculture (MIA), a nonprofit dedicated to encouraging more women and people of color to enter the field.  The goal and mission of MIA is to create a membership group that fosters networking, connects young graduates with mentors, and talks frankly about overcoming challenges in oyster farming and to encourage more women and people of color to enter a field that has not been diverse in the Chesapeake Bay area.
The group has more than 50 members, and has connected with other women of color at the Chesapeake Bay Foundation (CBF), the Chesapeake Conservancy, and National Oceanic and Atmospheric Administration (NOAA).  This endeavor has allowed her to promote both her love of all sciences and her particular passion for Aquaculture, which she honed as a summer intern working on oyster farms as a biology major at Old Dominion University (ODU).
Ms. Black explains that building connections, expanding access was one of the goals for her nonprofit.  Her intent was to partner with larger organizations, such as the Chesapeake Bay Foundation (CBF) and the Choose Clean Water Coalition, and thus expand opportunities for minorities in this field.  Ms. Black went on to say that “starting a nonprofit advocacy organization was “not part of my five-year plan.” But,It’s really important for me that this is an extension of my own career aspirations, and I am bringing people along on my own journey “For me, what I love is being on the boat, being on the farm, being in the hatchery, and doing the hard work”.
Other individuals highlighted in this article include:
Scott Budden, of Korean descent one of the three owners of Orchard Point Oyster Company in Queen Anne’s County.  He believes he is the only leaseholder who is not white working in the state presently.
As a woman, Shannon Hood, an agent with Maryland Sea Grant Extension runs a demonstration oyster farm in Horn Point, Maryland. When Ms. Hood first decided she wanted to enter the Aquaculture profession, she’d call oyster farmers and ask if she could get experience on their farm; they’d often respond offering her work in their nurseries or supporting their marketing efforts. She went on to say “It was tough because I was automatically relegated to do the light duty work,” then she obtained an internship with the True Chesapeake Oyster Company in Southern Maryland and the Madhouse Oyster Company on the Eastern Shore.
Ms. Imani Black said “In my own experience of being a minority, I’ve been heavily discouraged many times,” but, “I felt like it was my responsibility to create a safe space, because it was something [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][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”][that] I still needed.”  Now, she is hoping that like her, Shannon Hood, Scott Budden and others, they will help the Aquaculture industry grow bigger, and also make it more diverse.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

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Climate Change and Toxic Exposure

By: Julia Weil, Community Organizing Intern

Climate change alters essentially everything in our environment, and it further widens existing environmental disparities through the impacts of more extreme weather events. While climate change means that heat waves, dust storms, and wildfires will increase in some parts of the country, it also means that severe flooding events and precipitation will increase in others. Additionally, as a product of climate warming, hurricanes are increasing in severity and are slowing down, meaning that they have more capacity to cause greater destruction – the longer they remain in one area, the more damage they are capable of doing.
Environmental disasters already worsen disparities, since wealthier people have greater ability to relocate and to recover financially from the devastation, in addition to the fact that most marginalized communities will bear the brunt of the initial impacts.

However, these environmental injustices are made even worse when existing pollution is taken into account. Toxic waste that is recognized as being dangerous and frequently cancer causing, that is known to be in communities with higher percentages of Black people, Hispanic people,  people living below the poverty level, people with less than a high school education, and linguistically isolated people (people who live in households whose members over 14 speak a language other than English, and who have difficulty speaking English) than the average population, will be mobilized by floods and hurricanes; most likely in ways that will increase exposure in these communities. Several studies found that where monitoring was implemented, soil, drinking water, and surface water in areas local to Superfund sites had higher levels of contamination after hurricanes (1, 2, 3, 4). However, in many cases, environmental monitoring is not very good in communities near Superfund sites.

This is yet another reason why monitoring needs to be improved, toxic cleanup must be sped up, and why “short term protectiveness” as a temporary goal for many Superfund sites is not good enough; it doesn’t set a clear timeline, it doesn’t necessarily account for the implications of the changing climate, and it continues to shrug off the environmental impacts experienced by the most vulnerable communities.

Photo Credit: Jason Dearen/AP Photo

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Environmental Justice for Inmates

By: Ruth Rodriguez, Communications Intern
Nearly 600 federal and state prisons are within 3 miles of a Superfund site in the United States. Over 100 are within 1 mile. These numbers are staggering. To make matters worse, the United States has the highest incarceration rate in the world with 655 incarcerated per 100,000. Further, people of color are overrepresented in the incarcerated population, and are more likely to live near toxic waste sites. 
The siting of prisons is an environmental injustice. These facilities are built next to mines, landfills, and as previously mentioned, Superfund sites. Some are legitimately built on top of toxic land. Inmates, as well as the communities nearby, are bearing the threats of harsh pollution. 
The 1969 National Environmental Policy Act states that all federally funded construction must report to the Environmental Protection Agency to continue. In these reports consideration is often taken into the impact of the project onto the environment and how the environment would, in turn, impact its residents. Paul Wright, the director of the Human Rights Defense Center, says that the EPA does not consider the impact on prisoners in its environmental reviews. Additionally, advocates say that even though most of the prison population is made up of people of color and people from low income communities, the EPA does not apply its environmental justice regulation to prisoners. This is due, in part, to inmates not being counted in overall population data.
Here are just a few of the many facilities putting inmates in harm’s way:

  • State Correctional Institution Fayette in Labelle, Pennsylvania is located next to a coal ash dump.
  • Victorville Federal Correctional Institution in California is on top of, former Superfund site, George Air Force Base.
  • Rikers Island in New York was built on top of a landfill and even had a lawsuit in which former correctional officers claimed the facility gave them cancer.

The State Correctional Institution (SCI) Fayette in Labelle, Pennsylvania is nearby two coal slurry ponds and 40 million tons of coal waste. The ash dump is made up of toxics like mercury, lead, arsenic, and thallium. Because many prisoners were complaining of health issues, the Abolitionist Law Center and the Human Rights Coalition issued an investigation into the health of those incarcerated. More than 80 percent of inmates were “suffering from exposure” to the coal ash. Health problems included cancer, thyroid disorders, fatigue, throat and sinus conditions, dizziness, and headaches. Residents in the town of La Belle had similar symptoms and illnesses.
When Marcus Santos arrived at SCI Fayette he knew something was wrong. That led him to begin keeping notes of his symptoms. During his time at SCI Fayette, Santos had multiple emergency medical treatments for things like skin rashes, vision loss, and throat swelling. When he was finally relocated to another facility his health noticeably improved. Though Marcus was able to leave, the consequences from pollution exposure can be long lasting, especially on long-term inmates of SCI Fayette. 
Other environmental health issues inmates deal with are sewage and sanitation violations in their institutions, furthering the threats to their health. 
Those incarcerated are being further criminalized and punished by being prevented from living in a clean environment that is not a threat to their well-being. No one deserves to be breathing toxic air, drinking unclean water, and living on top of contaminated land. A clean environment is a basic human right, and no one should be subjected to these conditions.
Photo Credit: Bruno Mallart