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Tennessee EJ Groups are Suing FERC

Photo credit: John Partipilo

By Franklin Sharon.

On May 1, 2024, Anita Wadhwani of Tennessee Lookout reported that Tennessee environmental groups have filed a suit against the Federal Energy Regulatory Commission (FERC) over its approval of a pipeline that will wind through mostly poor and Black Middle Tennessee communities. This pipeline will supply methane gas to a new Tennessee Valley Authority (TVA) powerplant near Clarksville.

What Are the Groups Asking For?  The Sierra Club and Appalachian Voices are asking the United States Court of Appeals for the District of Columbia Circuit to set aside a January order approving the 32-mile pipeline through Dickson, Houston and Stewart Counties. Below is a proposed system map of the Kinder Morgan pipeline that runs through these three Tennessee counties.

Represented by the Southern Environmental Law Center (SELC), these environmental groups say the construction and ultimate operations of the pipeline poses a host of avoidable risks to the communities and natural resources that lie in its path. These groups have criticized federal regulators for caving to pressure from the Tennessee Valley Authority and the company building the pipeline, Tennessee Gas Pipeline.

According to an analysis by FERC, The proposed pipeline’s route goes through eleven (11) communities, seven (7) of which are disproportionately in poor or Black communities and three (3) of which have minority populations of 50% or more. Additionally, the pipeline would cut through dozens of streams that feed into the popular Harpeth River.

Other concerns raised by environmental groups centers on the danger of pipes leaking methane into the atmosphere. Methane is a key contributor to climate warming. The groups also issued a warning, that the costs which TVA is incurring to complete this project will ultimately be borne by consumers in the form of higher energy costs. 

Why is This Pipeline So Controversial?  The pipeline project is intended to supply natural gas to a new TVA plant in Cumberland City, which is approximately 20 miles southwest of Clarksville.  This plant is one of eight gas-powered plants that TVA has announced and is drawing criticism from environmental groups for its continued reliance on climate-damaging fossil fuels instead of investments in renewable energy.

Why Is This Important?  Spencer Gall, SELC attorney, said “FERC’s decision to greenlight this project ignored the harm the pipeline and gas plant would inflict on Middle Tennessee and beyond,”

“FERC is supposed to safeguard the public interest, not rubberstamp unnecessary pipeline projects that will harm our communities, hurt the climate, and contribute to higher power bills”.

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Tech Triumphs: Online Innovations and Progress in Addressing the East Palestine, Ohio Train Derailment

By Gregory Kolen II.

In the face of unexpected challenges, the integration of technology has proven to be a game-changer, offering swift and effective solutions. The recent train derailment in East Palestine, Ohio, underscores how online technology has played a crucial role in managing and addressing the aftermath of the incident. Let’s explore the various ways in which digital advancements have contributed to progress and resilience in the wake of the East Palestine train derailment.

  1. Real-Time Communication and Coordination:

Online technology has facilitated instant communication and coordination among various stakeholders involved in the response efforts. Emergency services, local authorities, and community organizations have utilized digital platforms to share crucial information, coordinate rescue operations, and update the public in real-time. Social media, in particular, has become a powerful tool for disseminating urgent information and connecting people in times of crisis.

  1. Crowdsourced Assistance and Information:

Online platforms have enabled the community to come together and offer support. Crowdsourcing initiatives, facilitated through social media and dedicated websites, have allowed individuals to share information about the incident, report on-ground situations, and coordinate volunteer efforts. This collective collaboration has proven instrumental in addressing immediate needs and providing aid to those affected by the train derailment.

  1. Mapping and Geospatial Technologies:

Digital mapping technologies and geospatial tools have been crucial in assessing the extent of the damage and planning effective response strategies. Satellite imagery, geographic information systems (GIS), and mapping applications have allowed authorities to visualize the impacted areas, identify potential risks, and allocate resources strategically. This precision in mapping has optimized the efficiency of rescue and recovery operations.

  1. Virtual Emergency Response Teams:

The rise of virtual emergency response teams has transformed the traditional approach to disaster management. Online platforms facilitate the creation of virtual teams comprising experts from diverse geographical locations who can collaborate remotely. These teams contribute their expertise in areas such as logistics, engineering, and environmental impact assessment, offering a comprehensive and well-coordinated response to the train derailment.

  1. Public Awareness and Safety Campaigns:

Online technology has played a pivotal role in disseminating public safety information. Emergency alerts, safety guidelines, and evacuation procedures have been efficiently communicated through various online channels, ensuring that residents stay informed and take necessary precautions. Social media campaigns and digital outreach efforts have contributed to raising awareness about the incident and the ongoing response efforts.

The East Palestine, Ohio train derailment serves as a testament to the transformative power of online technology in times of crisis. From real-time communication to crowdsourced assistance and innovative mapping solutions, digital advancements have significantly contributed to progress in addressing the aftermath of the incident. As technology continues to evolve, its role in enhancing the efficiency and effectiveness of emergency response efforts is likely to become even more pronounced, offering hope for a more resilient and connected future.

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Food Insecurity and Food Justice Advocacy in America

Image credit: USDA, Economic Resource Service

By Juliet Porter.

Food justice refers to the holistic, structural perception of the food system which views access to healthy food as a human right and simultaneously addresses obstacles in the way of the right. Directly stemming from the concept of environmental justice, food justice emphasizes the importance of putting disadvantaged and minority groups at the center of the debate.

Various factors contribute to one’s ability to access healthy, fresh foods, many of which are uncontrollable. For example, BIPOC individuals and those in a lower socioeconomic bracket are more likely to reside in food deserts. A food desert refers to a geographical area where residents’ access to affordable, fresh, and healthy food options is severely limited or non-existent due to a lack of grocery stores within a convenient travel distance of one’s home. Lack of personal vehicles and unreliable public transportation exacerbates the issue of food deserts. For instance, according to a report by the Economic Research Service of the US Department of Agriculture prepared for Congress, 2.3 million people, or 2.2% of all US households live more than one mile away from their closest supermarket and also don’t own a car.

Food deserts are the most prevalent in black and brown communities as well as low-income areas, where car ownership is low. Studies have proven that wealthy neighborhoods have as many three times more supermarkets as low income ones do and white neighborhoods have roughly four times the amount of supermarkets as black neighborhoods while grocery stores in black neighborhoods tend to be smaller, offering a selection with minimal variety.

Living in a food desert and being prone to food insecurity is directly correlated with poor health as researchers have established a strong correlation between food insecurity and increased rates of diabetes. In fact, the highest rates of escalation of diabetes have been identified among Native American youth as well as African Americans and Latinos of all age groups. These groups tend to be those that are the most likely to live in food deserts. Those living in food deserts experience food insecurity. It’s estimated that food insecurity is the most prominent in rural communities. While 63% of communities in the U.S. are characterized as rural, these areas are overrepresented in the food insecurity scene with them making up 87% of counties with the highest rates of food insecurity. Data from the US Census Bureau found that approximately 27 million Americans experience food insecurity as of July 2023. Some sources, such as Feeding
America, estimate that this number is even higher, sitting around 34 million Americans.

Image credit: National Public Radio

The food justice scene is rapidly growing as public awareness continues to be raised and more media attention is devoted to the topic largely due to the work of community activists. Earlier this year, in January 2023, Democratic lawmakers discussed eliminating food deserts as a
mechanism to reduce the prevalence of diseases, like diabetes, affecting African Americans. Representative Robin Kelley, a Democrat from Illinois, emphasized how reducing food deserts is likely one of the most effective methods in curbing diet-related illnesses. As the epidemic of food insecurity becomes more publicized, it’s likely that there will be more legislative wins within the upcoming years.

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The Meaning of Environmentalism Has Expanded

The year 2021 marks the 40thth anniversary of the Center for Health, Environment & Justice.  The Love Canal community’s efforts in 1978 successfully won the relocation of 900 working class families away from a leaking toxic waste dump and awoke a nation to the hazards of toxic chemicals in our environment.  Overcoming powerful resistance from government and a multi-billion dollar company, Occidental Petroleum, this grassroots effort demonstrated how ordinary people can gain power through joining together to win their struggle.  Love Canal sparked a new nationwide social justice movement concerned with links between health problems and the environment.  Hand-in-hand with these concerns are questions about the rights of corporations to increase their profits through decisions that sacrifice the health of innocent families and the environment.
The Meaning of Environmentalism Has Expanded—A New Grassroots Environmental Health Movement
Traditional environmentalism in America has centered, in general, around protecting the natural environment through laws and regulations.  Newer grassroots efforts, however, are as much about protecting public health as the environment.  These efforts value the basic human right to have clean air, water, food and soil along with preserving our nation’s natural resources.  The grassroots leadership believes systemic change comes from the bottom up—people plus organization equals strength—the strength to influence policy and win protection of these basic rights, and the strength to counteract the money and pressure corporations bring to bear on elected representatives to oppose or weaken protective laws.  As a result, the grassroots strategy is to build a stronghold at the local and state levels that can trickle up to influence federal-level representatives and national policies.
Another distinction between the two movements is their contrasting approaches on achieving the same overarching goals of protecting the environment and public health:
Traditional environmentalism is focused on regulations and regulatory controls.  It therefore inevitably winds up debating how many parts per million of chemical X can be in wastewater that is released into a river without killing off downstream fish populations?
Today’s grassroots efforts are focused on prevention.  Grassroots leaders are asking “Why do we allow chemical X in wastewater to be discharged into our rivers when non-toxic alternatives exist?”
Neither approach is right or wrong, or is superior to the other.  The overarching goal of protecting the environment and all living things is the same for both segments of the environmental movement.  When operating on a parallel path, the two approaches together can make significant progress in protecting the environment and public health.
Who Represents the Grassroots Environmental Health Movement Today?
The grassroots environmental movement has a long history of success.  One of its most important achievements has been building a broad and diversified base of support that includes:  Workers, people of color, faith-based organizations, rural and urban families, and indigenous peoples living in today’s society whose lives have been affected by environmental issues.  Parent-teacher organizations, doctors, nurses, and other health professionals working to transform the health care industry’s disposal of potentially harmful substances; people who make their living fishing or depend upon fish as a primary food in their diets and other people from all walks of life.

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Public Hearings: Is Anyone Listening?

“A public hearing is an official event on a public issue where the public speaks and the officials don’t listen.”
Activists spends endless hours sitting and testifying in public hearings. Local leaders often have endless patience despite the fact that hearings are generally convened in inconvenient places, at inconvenient times and with the room set up to intimidate. Public hearings chew up a huge amount of time and burn out leaders. They alienate members who have such a lousy time that they never come to another group activity. And often, they have no effect on public policy.
When asked why they go to hearings in light of such bad experiences, here’s what some local leaders said:
We don’t want to miss anything. There could be useful information, though this is not the only place to get it.
It’s a chance to tell our side. Sure, after the “experts” for the agencies and polluters drone on for hours, knowing the news media will leave after the first hour.
Isn’t that what we’re supposed to do? The typical public hearing is a gross distortion of democracy. Hearing officers are trained to control public hearings. Your opponents will use public hearings to TEST you. Will you sit there and take it? Can they force you to conform to their rules? As the saying goes, “if you take what they give you, you deserve what you get.”
Do you have to go to public hearings? No, you don’t. If a public hearing ignores your needs, you can boycott it. You can hold a protest outside and denounce it. You can send a speaker inside to say you refuse to acknowledge its legitimacy. And you can organize a mass walk-out. You can even organize your own “People’s Hearing,” one you run and that deals with the truth.
If you do attend, insist they take their rules and throw them out the window. Let the people speak first, even if this means crying mothers speak, instead of the “experts” hearing officials prefer. Insist that officials respond, point by point. Use the hearing to present specific, concrete demands and insist on “yes” or “no” answers on the spot.
If they don’t cave in to your demands to do it your way, pull a mass walk-out. When denied the dignity of meaningful participation, the United Farm Workers would signal members to kneel in prayer and sing hymns.
At one public hearing, Concerned Citizens of White Lake (MI) were shocked when hearing officials turned out the lights when it was the citizens’ turn to speak. At the next public hearing, each member brought a lit flashlight.
At another hearing on contaminated water Concerned Residents of Muskegon (MI) showed up with water jugs. Their “testimony” took the form of queuing up at water fountains to fill their jugs from the city water supply they wanted hooked up to their neighborhood.
At a hearing in Maryland, Lois Gibbs, CHEJ’s founding director, stunned local leaders with a small but powerful tactic. As she testified, she saw that the hearing officials weren’t listening. Lois stopped and stood silent at the microphone. After a long pause, the hearing official saw she wasn’t talking. “Er, ah, Ms. Gibbs, are you through?” “No sir, “Lois replied, “I was simply waiting for you to start listening. When you’re ready, I’ll continue.”
We’ve advised groups who’ve been shut-out, silenced or scorned to physically display their response. Accordingly, groups have shown up wearing gags, ear plugs and in a couple of instances, wearing cardboard cut-outs over their ears bearing the label “B-S Protectors.”
The best way to handle the media black-out that results when community testimony is not given until after the media leaves (and after hours of testimony by the “experts”) is by calling the news media and holding a news conference before the hearing starts so they can get both sides of the story.
What you do with public hearings is up to you. If you let the hearing officials control the agenda and flow of the meeting, they’re assured of prime media coverage. All you’re assured of is the that they won’t be listening to what you and your group has to say. It’s up to you.
Excerpted from Public Hearings: It’s a hearing, but is anyone listening? Chapter 30, CHEJ’s Organizing Handbook.

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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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Biden to place environmental justice at center of sweeping climate plan

President Biden made tackling America’s persistent racial and economic disparities a central part of his plan to combat climate change Wednesday, prioritizing environmental justice for the first time in a generation.

As part of an unprecedented push to cut the nation’s greenhouse gas emissions and create new jobs as the United States shifts toward cleaner energy, Biden directed agencies across the federal government to invest in low-income and minority communities that have traditionally borne the brunt of pollution.

“Lifting up these communities makes us all stronger as a nation and increases the health of everybody,” Biden said.

Biden signed an executive order establishing a White House interagency council on environmental justice, create an office of health and climate equity at the Health and Human Services Department, and form a separate environmental justice office at the Justice Department. The order also directs the government to spend 40 percent of its sustainability investments on disadvantaged communities.

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Photo Credit: David J. Phillip/AP

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Inequity in the Distribution of Covid-19 Vaccine

Everyone’s talking about the Covid-19 vaccine these days – who gets it first; how will it be distributed; is there enough; where do I sign up; and so much more. While it’s still early in the rollout, it’s already become clear that African Americans and Latinos, who have been hit the hardest by the Corona virus and Covid-19, are getting vaccinated at disproportionately low rates. The early data (though limited by many factors including poor data on who is being vaccinated) indicates that vaccinations are not reaching the populations the virus has harmed most and that Black and Brown people are getting vaccinated at a much lower rate than their share of cases and deaths.
In Maryland, only about 16% of the first doses of the vaccine have gone to African Americans, and 4.6% have gone to Latinos. Those groups represent 31% and 11% of the population, respectively. Black residents have accounted for approximately 33% of Maryland’s coronavirus cases and 35% of deaths from the disease; Latino residents account for 19% of infections and 9% of fatalities. In New York City, about 5% of those vaccinated are Latino or African American, but these groups make up 29% and 24% of the city’s population, respectively. In Philadelphia, 12% of those vaccinated were Black while the city’s population is about 44% Black.
These results are consistent with a report released last week by the Kaiser Family Foundation that evaluated race and ethnicity data on vaccinations for 17 states obtained from the federal government. Kaiser found that “the share of vaccinations among Black people is smaller than their share of cases in all 16 reporting states and smaller than their share of deaths in 15 states. For example, in Mississippi, Black people account for 15% of vaccinations, compared to 38% of cases and 42% of deaths, and, in Delaware, 8% of vaccinations have been received by Black people, while they make up nearly a quarter of cases (24%) and deaths (23%). Similarly, Hispanic people account for a smaller share of vaccinations compared to their share of cases and deaths in most states reporting data. For example, in Nebraska, 4% of vaccinations are among Hispanic people, while they make up 23% of cases and 13% of deaths.”
Conversely, Kaiser found that “the share of vaccinations among White people is larger than their share of cases in 13 of the 16 reporting states and larger than their share of deaths in 9 states.” For example, in North Carolina, 82% of vaccinations have been among White people, while they make up 62% of cases and 65% of deaths.
These figures make it clear that the early rollout strategy is not adequately nor appropriately targeting those most susceptible and vulnerable to Covid-19. It is early and much has been said about the logistics difficulties in getting the vaccine into the arms of the people who need it most. But it does seem apparent if not obvious that the rollout strategy for the distribution of the vaccine is not centered on equity – getting the vaccine into the arms of the people who have been infected the most and who are dying at the highest rate.

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An Overlooked Group in the Fight for Environmental Justice

By: Ruth Rodriguez, Communications Intern
As an intern for CHEJ, I reflect on environmental justice every single day. This leads me to ponder over the intersection of homelessness and environmental justice. We see environmental justice as an issue that affects low income communities and communities of color, but we fail to address those who do not really have a “community.”  The definition of “community” is important when discussing this issue. A community is a group of people living in the same place. But those who are unhoused are not located in one single location, rather they are all over the world, making it difficult to address this environmental justice issue. The ability to organize is difficult for those experiencing homelessness because they do not have a “community” by the sense of the definition. How do you organize for a group that is so widespread? Additionally, they do not have the resources often needed to fight for their rights to a clean environment. 
The effects of pollution can be catastrophic to communities. Those who are unhoused are at a greater risk of being exposed to pollution and environmental hazards. Homelessness has increasingly been regulated and even criminalized by the banning camping in safe places and “move-along” orders. This has led people to be exposed to even more hazards by forcing them to move into risky areas in terms of violence and crime, water and soil contamination, noise pollution, pests and rodents, and natural disasters. One of the biggest environmental risks, though, is air pollution and particulate matter like dust and debris. Health effects of air pollution and particulate matter include, premature death, heart attacks, chronic diseases, respiratory conditions, and lung disease. 
In some places those experiencing homelessness are viewed as environmental hazards for nearby communities. Some of the byproducts that arise from those who are homeless are trash, human waste, bodily fluids, needles, and fires. Urban development is in part increasing homelessness through increasing housing costs and gentrification. It is therefore, in part, feeding into environmental injustice. With COVID-19 comes more problems for the unhoused. Many do not have access to masks and cannot properly social-distance making their potential for exposure high. 
The exposure to pollution, homeless hazard, urban development, and COVID-19 issues could possibly be mitigated by providing housing. For example, vacant housing and empty hotels could be allocated for those who are homeless to quarantine or for housing in general.
In Austin, Texas there are about 2,506 people experiencing homelessness, with 1,574 being unsheltered. Recently, Austin cut its police department funding by one-third through the reorganization of a number duties out of police oversight. Some of the money saved from this reorganization could potentially be used to provide the housing previously mentioned. This is just one possible solution to get environmental justice for those who are homeless.

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Biden shortlist for White House key environmental post shows focus on environmental justice

President-elect Joe Biden is vetting three environmental justice leaders to head up the White House agency that will take the lead in coordinating efforts to safeguard communities disproportionately affected by pollution, according to sources familiar with the process.

The shortlist for head of the White House Council on Environmental Quality (CEQ) signals a focus by the incoming Biden administration on environmental policies that aim to ensure improved clean air and water for poor and minority communities that have historically taken the brunt of industrial pollution.

The Biden transition team is considering Mustafa Santiago Ali, Cecilia Martinez and Brenda Mallory to lead the CEQ, according to three sources familiar with the process. The position requires Senate confirmation.

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Photo Credit: REUTERS/Jonathan Bachman