Category: Backyard Talk

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

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. 

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

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

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

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

By: Evelyn Zavala, Science Intern
I was drawn to working with CHEJ because of their work with communities across the United States of diverse backgrounds, socio-economic status, ethnicities, geographical locations, and education. CHEJ is where the community meets science, environment, health, and justice. Recently we have seen how vital this relationship really is. While the snowstorms of 2021 are seen across the country, Texas has been hit hard. Within Texas, minority and marginalized communities were hit even worse. 
Social Determinants of Health are described as the conditions in the environment where people are born, live, work, play, worship, and age, affecting their health and quality of life outcomes and risks. The neighborhoods and environment of a community have a significant impact on the health of individuals. Many people in the United States live in areas with unsafe water, unsafe air, toxic chemicals, loud noises, and pollution. 
Lower-income and minority communities tend to live closer to industrial sites and can be exposed to more pollution. Hundreds of industrial facilities are located in Texas where electricity was lost and pipe eruption occurred, it is expected they release pounds of airborne emissions as plants shut down and then resume operations just like after Hurricane Harvey in 2015, which is very harmful to the surrounding communities. As with any disaster, marginalized communities are disproportionately affected. There is a disproportion in death and negative health effects, as seen by COVID-19 and other natural disasters. 
Stephen Lester highlighted earlier this year the inequity in those affected by the COVID-19. African Americans and Latinos are getting vaccinated at much lower rates than at the rate they have been affected. People of color and low-income communities who were also disproportionately affected by blackouts and pipe bursts just last week will now face an even harder journey to recovery. 
While the storm hit families of all races and ethnicities, here is where the social determinants come into play. People of low-income communities often don’t have access to a car or transportation to get groceries, live in food deserts, and may not have money for pipe repairs or insurance to replace damaged housing.  Lower-income families who live farther from densely populated areas, not near hospitals and nursing homes, are the last communities to have their power turned back on, leaving many historically black and brown neighborhoods without power.
CHEJ’s work is crucial in implementing policy change at the local, state, and federal levels to reduce health and safety risks that exist among these communities. By providing communities a voice and role in their environment, they have one less social determinant working against their well-being, creating a safe environment for their families to work and play. 
Photo Credit: Terri Gruca via Twitter

By: Kristen Millstein, Communications Intern
In the summer of 2016, I traveled to the Pine Ridge Reservation in South Dakota. I was in high school and had not spent significant time outside my California bubble. Pine Ridge was like a different world. While there, I learned from tribal leaders about the continual violation of their sovereignty and the trauma caused by a history of massacres and loss of sacred land. At the time, I looked at these atrocities through the lens of colonization. It has only been since I joined CHEJ as an intern that I began to look at these issues as environmental justice issues as well. Treaties were often violated because white colonizers found something valuable on tribal land–either agricultural opportunity, mineral wealth, or lumber, and greed for these natural resources continues to drive violation of tribal sovereignty. The resulting industries have done irreparable damage to the environment and Indigenous communities.
Pine Ridge Reservation has a poverty rate as high as 80% by some estimates and is 59th out of 60 counties in South Dakota for overall health outcomes. The region is clearly struggling, and it’s harrowing history is the primary culprit. Pine Ridge was once part of the much larger Great Sioux Reservation, established by treaty in 1868. This treaty was broken only six years later in 1874, and tribes continued to lose land over the next several decades as the U.S. government violated treaties to access gold, lumber, and other natural resources. The remaining tribal land is only a small fraction of their rightful land. Despite these already great losses, attacks on tribal sovereignty and land rights continue.
High profile protests like the ones surrounding the Dakota Access Pipeline are only the tip of the iceberg when it comes to recent activism against encroachments on tribal sovereignty. Indigenous activists also fought hard against the Keystone XL Pipeline despite fierce opposition by law enforcement, and scored a major victory when President Biden revoked the pipeline’s permit and halted construction. Pine Ridge activists are currently embroiled in a fight against the proposed Dewey-Burdock uranium mine that will threaten the water supply as well as countless cultural sites. 
Each of these projects has been vehemently opposed by tribes on the grounds of damage to human health and the environment and violation of tribal sovereignty. But under our current system, agencies are not required to make their plans contingent on the consent of tribes, rendering their input effectively meaningless. Changing this provision and requiring ongoing, informed consent of tribal governments for projects that encroach on their land or threaten their cultural heritage would represent a major shift in the U.S. government’s relationship with tribes. It would be a victory for tribal sovereignty and for environmental justice. The Supreme Court ruling that declared about half of Oklahoma to be under tribal jurisdiction and the cancellation of the Keystone XL Pipeline by the Biden Administration are steps in the right direction and a sign that there may be an opportunity for real progress, but the threats are not over. We must continue to support Indigenous communities in their fight to preserve their culture, heritage, and environment against attacks on their sovereignty.
Photo Credit: JYM via Facebook