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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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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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Homepage News Archive

Louisiana Environmental Activists Charged For Nonviolent Actions Targeting Plastics Giant

Two leaders from the long-time environmental justice community known as “Cancer Alley” in Louisiana were arrested on June 25th for peacefully protesting against the Taiwanese petrochemical company, Formosa Plastics. The company plans to build a plastics manufacturing facility in the backyard of a predominately Black Louisiana community that has already experienced large health detriments from polluting industries in their community. Read More
Photo by: Ron Moyi/Louisiana Bucket Brigade

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Backyard Talk

A Pandemic of Pollution

The death toll due to Covid-19 passed the 90,000 mark in the United States this week. This is a truly staggering if not sobering number that raises many questions about how we as a nation respond to this incredible loss of life. These are not just numbers, but people – someone’s mother, father, brother, sister, grandfather, grandmother, uncle, aunt, friend, lover, child… The daily news boils this down to statistics. Numbers of new cases and deaths are reported each day before the newscaster moves on to the next story. Are we normalizing this staggering loss of life? Even worse, are we accepting it?
Yet I look at the leadership of this country and I don’t see people who empathize with those who have lost someone to this deadly virus. I don’t see people who are taking steps to minimize the impact of this insidious virus.
There is still much that we don’t know about Covid-19 and its effects on people, but it is becoming quite clear that low income residents and people of color are disproportionately impacted by exposure to the coronavirus. It’s also become clear that underlying health conditions, such as respiratory problems like asthma and COPD; diabetes, high blood pressure, immune diseases like lupus multiple sclerosis make people more vulnerable to covid-19, not just among the elderly, but among people of color and others with these diseases.
Why then is the USEPA doing all that it can to dismantle (repeal or weaken) regulations that protect people’s health. A report released today by the Senate Environment and Public Works Committee describes how specific actions taken by EPA to weaken or repeal air pollution rules and regulations will “harm public health and potentially add to COVID-19 risks.”
The report specifically points to seven rules that were initially designed to remove greenhouse gas, soot, mercury and other pollution from the air that the agency has targeted and proposed or finalized actions since March 1st that “will result in increased air pollution and could cause tens of thousands of premature deaths. EPA has, in short, unleashed a pandemic of pollution in the middle of an actual pandemic, the respiratory effects of which may be amplified by pollution exposure.”
The committee is clear that the agency should reverse its deregulating efforts and strengthened rather than weaken the country’s air pollution laws and regulations, and take steps to address the Covid-19 specific risks posed by air pollution. In the committee’s words:
“EPA should re-focus its enforcement, compliance and monitoring activities in a manner that prioritizes the early detection of high exposure to air pollutants in communities that have both historically experienced such exposures and those at greatest risk of adverse outcomes from COVID-19.”
This and other recommendations made by the Senate Committee offer hope that we will not accept 90,000 deaths and counting as the cost of doing business in the United States. There are steps we can take to reduce and minimize the impacts of Covid-19.
Read the full report here.

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Minnesota Bans Toxic Chemical TCE

Minnesota has become the first state in the country to ban the toxic chemical TCE. The chemical is known to cause cancer and birth defects and has been released from Water Gremlin into the air for nearly 15 years within the White Bear Township. Minnesota Governor Tim Walz signed the ban of TCE on Saturday and companies within the state will have until 2022 to find an alternative product to use in its place. Read More.

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Homepage News Archive

Staying Home Isn’t Safe When Surrounded by Pollution

I look out my window every day and see that plant putting out black smoke, dark clouds of smoke. And now we’ve got this virus going on. I joke we’ve got a double whammy going on, but this is serious. We were in battle over here. We’ve got a war going on. Keisha Bowns interview with Katherine Webb-Hehn a freelance multimedia journalist in the South.
 

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‘Cancer Alley’ Has Some of the Highest Coronavirus Death Rates in the Country

As predominately Black communities in the polluted areas along the Mississippi from New Orleans to Baton Rouge face heightened risks from COVID-19, the EPA has suspended enforcement of the environmental rules designed to protect them.  Read more.

Motherboard, by Sophie Kasakove
 

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Backyard Talk

Vulnerability to Pollution and Susceptibility to Covid-19

A new screening tool is now available that identifies populations across the country that are most vulnerable to severe complications following exposure to the coronavirus and development of covid-19. This community vulnerability map which was developed by Jvion, a health care data firm, in collaboration with Microsoft. Jvion uses socioeconomic and environmental factors, such as lack of access to transportation, exposure to pollution, unemployment and mortality rates at the census block level to identify communities vulnerable to severe effects of covid-19.
In an article about his new mapping tool in Grist magazine, Jvion is described as using “machine learning to analyze block-level data from the U.S. Census to identify ‘environmental health hazards’ as one key socioeconomic factor that makes a population more vulnerable  to severe covid-19 outcomes, based on the health effects of polluted air, contaminated water and extreme heat. They also factored in how chronic exposure to outdoor respiratory air pollutants such as fine particulate matter can increase the risk of cancer, respiratory illness and cardiovascular disease – preexisting conditions that make exposure to the novel corona virus more severe and fatal.”
This interactive and searchable map differs from others available on the internet in that it identifies the populations that once infected will likely experience severe outcomes ranging from hospitalization to death.
This vulnerability map can be used together with the USEPA’s EJScreen, an Environmental Justice Screening and Mapping tool. The EJScreen uses 11 environmental and health indicators and standard demographic data to identify communities most susceptible to air quality pollution. The EJ screen specifically includes a cancer risk and respiratory hazard index that is provided as a percentile in the state or nationally.
When the vulnerability mapping tool is matched with the EPA’s EJ Screen, the results are astounding. The relationship between a community’s proximity to industrial facilities and the projected risk of severe covid-19 outcomes is very clear and very strong. The areas of high vulnerability identified on the Community Vulnerability map match well with areas with high pollution from industrial facilities identified by the EJScreen, painting an all too familiar picture of communities suffering disproportionately from multiple and cumulative risks.
The preexisting respiratory and other health conditions that African Americans suffer from living in the shadows of industrial facilities in sacrifice zones across the country contribute significantly to their susceptibility to the lethal effects of covid-19. This reality isn’t an accident, but the result of economic and environmental conditions imposed on people of color over the long history of discrimination in this country.
In spite of these obvious disparities and the growing threat that people of color and African Americans in particular face from covid-19, EPA announced this month that it has stopped enforcing regulations that hold corporate polluters accountable for releasing toxic chemicals into the air we breathe. This is another outrage. Sign our petition to demand that the government reverse this disastrous decision.

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How vulnerable is your community to Coronavirus? New maps reveal familiar pattern.

The predominantly black and low-income communities living near the back-to-back petrochemical refineries of Louisiana’s “cancer alley” have long suffered compromised immune systems and high rates of disease. Now, the state’s fast-growing COVID-19 outbreak is poised to hit them especially hard. <Read more>

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Backyard Talk

Shelter In Place Can Be Very Different Depending on Where You Live

The Center for Health, Environment & Justice team and I send our compassion, support and affection to those whose health and livelihoods may be affected by COVID-19. This is a worldwide crisis on a scale we have not seen in our lifetimes. We are thinking of you, your family, friends and neighbors.
As you know our team has always been about families, communities and people and at all times working on issues from the grassroots to the White House not the other way around. For the first time, the entire country now has a better understanding of the horrors of “sheltering in place.”  Hundreds of our member’s communities, maybe you live in one, have been told to shelter in place because of an explosion from a pipeline, refinery, chemical plant and other releases.
I feel safe in my home, even though I’m in the high risk age range. I am also grateful that I have a place to stay with food, water and clean air, until the public health crisis is over. I can work from home, hold virtual meetings, talk with my friends through the phone, Facebook or e-mail. As terrifying as this virus is I still feel safe, maybe I shouldn’t.
Unfortunately, safe is not how so many of communities CHEJ works with feel, when asked to shelter in place because of an environmental release or explosion. There are a number of reason for their fears.
–No one told them something was going to happen and they should seek safe shelter, stock up on food, water and toilet paper.
–There wasn’t days of news castors telling folks what scientists think the real dangers are, what health symptoms people should look out for or the speed of the poison touching communities as it moves across the world.
–No federal or state health agency was working around the clock to ensure everyone exposed would receive critical health care if needed, regardless of whether they’re insured.
I invite you to read or reread the article we reprinted on our web from the New York Times authored by Ana Parras a local activist in TX.
 
In Texas and across the country, the E.P.A.’s gutting of the Chemical Disaster Rule is a matter of life or death.
While families across the country celebrated Thanksgiving with their loved ones, more than 50,000 people in Port Neches, Tex., were forced to evacuate from their homes and spend the holiday in makeshift shelters. The reason? Two explosions at the Texas Petroleum Chemical plant sent flames into the sky, injured eight people, and released plumes of butadiene, a carcinogen, into the air.
The disaster erupted six days after the Trump administration gutted Obama-era regulations meant to improve safety at 12,000 chemical plants around the country.
It’s too soon to say whether these now abandoned rules would have made a difference in Port Neches. But there is no question that the communities that surround these thousands of plants are less safe now.
This regulatory rollback gives chemical plants across the country a free pass, in pursuit of greater profits, to operate in a way that endangers families and workers.
There are over 2,500 chemical facilities in the Houston area. Manchester, the neighborhood where Texas Environmental Justice Advocacy Services works, is among those most affected by this negligence. There are 30 chemical plants and waste sites in the Manchester area that report to the Environmental Protection Agency. When an explosion happens, nearby neighborhoods, mostly Latinx and people of color, are exposed to this toxicity.
And these toxic blasts are not infrequent. The last chemical explosion in Houston to garner national attention was in March at the Intercontinental Terminals Co., a few miles east of Manchester. This explosion led to high benzene levels in the air, school closures and community shelter-in-place orders for days: stay where you are, turn off air conditioning. Some advisories told people to put a plastic tarp over their windows, sealed with duct tape, to prevent air from coming in.
Federal regulations were supposed to protect us. For years, organizations like United Steelworkers, Greenpeace and dozens of other community and environmental organizations pressured the E.P.A. to make chemical disaster prevention a priority.
The turning point happened in 2013 when an explosion at a fertilizer plant in West, Tex., 200 miles northwest of Houston, killed 15 people and injured over 260.
Later that year, President Barack Obama signed an executive order calling on federal agencies to create a task force. What emerged was the Chemical Disaster Rule, a proposal to improve plant safety and protect surrounding communities, which the former E.P.A. administrator Gina McCarthy approved one month before President Trump took office.
Two months later, the Trump administration blocked the regulations from taking effect, and now the E.P.A. has released a final rule that eviscerates the Obama-era requirements. The agency rescinded major accident prevention provisions, including requirements to consider safer technology, audits of accidents by outside parties and “root cause” analyses of accidents.
While Texas has the largest number of chemical facilities in the country, Illinois, California, Iowa and Louisiana are riddled with them, too. As The Houston Chronicle has documented, no state is spared from having at least one facility that could have toxic or flammable chemical accidents with consequences that extend beyond the site.
The E.P.A. calls these communities — areas that could be affected by a release from a chemical accident — “vulnerable zones.” One in three children in America attends a school in a vulnerable zone. This means that over 19 million children are at risk of exposure to the harmful chemicals that these plants use, store and can emit when they produce plastics, pesticides, adhesives and other products.
Our neighborhoods in Houston are a case in point. The oil and gas facilities and chemical plants along the 52-mile Houston Ship Channel have turned the air in Harris County into a public health hazard, significantly increasing the likelihood of residents’ developing cancer and respiratory problems — and shortening the lives of children. Children living near the Houston Ship Channel are 56 percent more likely to develop leukemia than those who live more than 10 miles away.
To me this issue is personal. Yes, explosions from chemical facilities can be deadly. But the long-term impact of exposure to toxic chemicals also kills. In 2016, I was found to have hypersensitivity pneumonitis, a rare autoimmune system disorder that arises from breathing in dust or toxins repeatedly. The doctors blamed indoor air, but I am convinced that exposure to chemicals in Houston led to my condition. In this town, there’s little distinction between the air indoors and what’s outside.
When traveling — I am now at the U.N. Climate talks in Madrid — I bring a portable oxygen machine in case I need it. I am unable to walk long distances, and I move slowly because of my shortness of breath. Public speaking is difficult, as is any exertion. My life expectancy is not long (10 years, one doctor told me). I hope it is more.
In my family, lung diseases are the norm. My diagnosis came the same year that my father, Gregorio V. García, died of lung cancer at 79. He worked in the Asarco Refinery in Corpus Christi, Tex., and was a member of United Steelworkers for 30 years. Workers in these refineries are the first exposed to toxic substances. Many, like him, have died of cancer.
Plants like the nearby Valero facility emit a slew of poisonous chemicals like benzene and hydrogen cyanide into our neighborhoods. Far too often, they fail to meet Clean Air Act requirements.
During Hurricane Harvey in August 2017, I felt what it was like to breathe in a concentrated amount of toxic air. On the day of the worst flooding, my husband and I drove his pickup truck into Manchester to document what was happening at the Valero refinery. We saw water running from Valero into Hartman Park, where children gather to play baseball and soccer, and down the streets we knew well. As we drove, we had to cover our nose and mouth with our hands. My lips turned numb. The odor was so strong that it made me nauseated.
Three days later we found out that we had driven into one of the largest benzene spills. Benzene is clear, colorless and flammable. To date, this spill has not been adequately addressed by the Texas Commission on Environmental Quality.
In Houston, we struggle to get chemical facilities to follow the law. We ask our state to protect us from chemicals that no one should breathe. Now the federal government is ending safeguards that the E.P.A. only a few years ago said the industry needed to protect the lives of workers, emergency medical workers and communities like mine.
My life should not be a pawn for leveraging industry profits. Nor should those of my neighbors and their children. Families and workers in these neighborhoods deserve to be safe.
As disasters continue to happen, we — those most affected, those who breathe and live and play in toxicity — condemn the E.P.A.’s decision to repeal the Chemical Disaster Rule. We are denied basic health protections simply because the industry does not want to invest in our safety.
Families and workers across the country should not have to pay the ultimate cost of this administration’s refusal to do its job: our lives.
Ana Parras is a co-executive director of Texas Environmental Justice Advocacy Services (@tejasbarrios).