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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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Backyard Talk

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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Environmental Justice Grassroots Groups Fight Back Against Pollution

Pollution is disproportionately killing Black Americans. Hazardous waste facilities are 75% more likely to be in close proximity to the homes of African-Americans than other racial groups. Grassroots environmental justice groups are taking a stand against these issues of pollution and environmental racism and are making a huge impact. Read More
Photo by: Matt Rourke—AP

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Toxic Tuesday: Dioxin

By Julie Silverman, CHEJ Communications Intern
Dioxins are a group of toxic compounds that share similar and distinct chemical structures. They are mainly byproducts of industrial processes, such as waste incineration. In 1979, the EPA banned products containing Polychlorinated Bihphenyls (PCBs), which is a chemical included under the term dioxin. However, dioxins were a major issue before the US began implementing regulations. Since dioxins break down extremely slowly, toxins that were released long ago are still being released into the environment.
Today, most people are exposed to dioxins through consuming animal products that have accumulated dioxins over time. Exposure to these toxins in humans can cause cancer, type 2 diabetes, ischemic heart disease, infertility in adults, impairment of the immune system, and skin lesions. The following measures can help decrease your risk to dioxin exposure: removing skin from chicken and fish, trimming visible fat from meats, and checking local fishing advisories when catching your own seafood. Learn more about the health risks and safety measures regarding dioxin here.
The San Jacinto Waste Pits is a Superfund site in Harris County, Texas that is packed with dioxin and other toxic chemicals. Hurricane Harvey hit Harris County in 2017 and led to large damages and erosion throughout the region, causing the San Jacinto Waste Pits site to begin leaking toxic chemicals, such as dioxins into the surrounding communities.
CHEJ has worked with the Texas Health and Environment Alliance (THEA) and the San Jacinto River Coalition in order to help bring awareness to their nearby Superfund sites and the damages that hurricanes have caused. In 2017, THEA and the San Jacinto River Coalition succeeded in bringing attention to the waste pits and the EPA announced plans that they would remove the toxic contents from the pits entirely through a $115 million site remediation by late 2021.
In addition to THEA, residents in Wausau, WI living immediately adjacent to former Wauleco window manufacturing sites who were concerned about dioxin contamination formed Citizens for a Clean Wausau. Recent testing in a park found high levels of dioxin but the state dismissed the results. However, the state had to correct itself when CHEJ’s science director wrote a letter to the group pointing out that the state’s risk assessment failed to include dioxin’s cancer risk. Given dioxin’s high potency as a carcinogen, this was a major oversight. The group continues to fight for more testing. Earlier this year, the leader of the group ran for and won a seat on the city council, giving the group a great inside/outside approach to getting what they want. CHEJ continues to provide technical and organizing support to Wausau’s residents.

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Toxic Tuesday: Creosote

Creosote is a large mixture of chemicals that is used as a wood preservative in the United States, as well as for roofing, aluminum smelting, and road paving. Houston’s Fifth Ward has been pinpointed as a Cancer Cluster: an area that has a “greater than expected number of cancer cases,” largely due to the community’s exposure to creosote from the Union Pacific railroad site in Houston’s 5th Ward.
Creosote is released into soil and water systems and may take many years to break down. Due to groundwater contamination, creosote can make its way into drinking water systems, putting entire communities at risk for exposure. Creosote may cause irritation of the respiratory tract and can lead to stomach pains and burning of the throat and mouth. The International Agency for Research on Cancer and the EPA have determined that creosote is likely a carcinogen, meaning that exposure to the chemical can likely cause cancer.
CHEJ has been working with the Texas Health and Environment Alliance (THEA) to help the communities of Houston’s 5th Ward further understand the extent of the contamination and what different health investigations can do to propel THEA’s goals of raising awareness of their exposure to creosote. CHEJ and THEA have been hosting informational Zoom town halls about Houston’s 5th Ward Cancer Cluster. You can learn more about Houston’s Cancer Cluster by watching Fault Lines’ mini documentary or by visiting THEA’s Facebook page to learn and listen in on their past and future town hall meetings or learn how to get involved.
To learn more about creosote, click here.

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New Report Indicates that Most US Federally Funded Housing is in Close Proximity to Hazardous Waste Sites

A new report released by Earthjustice, the Shriver Center on Poverty Law, and faculty at the University of Chicago’s Abrams Environmental Law Clinic and Columbia University’s Health Justice Advocacy Clinic estimated that 77,000 people living in federally assisted housing in the US are at risk of being poisoned by toxic contamination. The report, Poisonous Homes: The Fight for Environmental Justice in Federally Assisted Housing comes as the Trump administration continues rolling back many environmental regulations involving the environmental impact analysis of large-scale industrial projects. Read More
Photo by: Scott Olson, Getty Images

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Backyard Talk

Racial Inequities: From Medical Care to Pollution

By: Julie Silverman, Summer Communications Intern
The recent killings of George Floyd, Breonna Taylor, Ahmaud Arbery, Trayvon Martin, and far too many other Black Americans have brought racial injustices to light in all spheres of life, specifically in terms of police brutality. However, racial disparities, specifically involving Black individuals have continued to pervade society in a multitude of ways including spheres of education, pollution, health care, housing, and the impacts of climate change.
Toxic waste dump sites and factories have been known to disproportionately impact minority and low-income communities, specifically Black ones, skyrocketing the risks for certain cancers and illnesses.
Air pollution from industrial facilities and highways surrounding Black communities have also burdened them with higher incidences of asthma, risks to overall health and other respiratory illnesses.
Climate change and increasing temperatures have a disproportionate impact on those who cannot afford air conditioning in their homes and live in extremely hot places. Black individuals and families often live in these regions.
Black mothers also tend to have dramatically decreased access to medical care and oftentimes receive unequal levels of treatment when receiving care.
The compounding inequities that Black Americans continue to face are unacceptable. The combination of the disproportionate impact of air pollution, climate change, pollution and unequal health coverage greatly risks the health and wellbeing of Black Americans. Studies discussed in a recent New York Times article have shown that these impacts have posed extremely large risks specifically on Black mothers, which can lead to an increased likelihood of having premature, underweight, and stillborn babies. In other words, infants are being largely impacted by racial injustices involving the color of their skin before they are even born.
In order to truly comprehend racial injustices faced by Black Americans, we must be sure to understand how the many different spheres of life are involved. The process for racial justice is one that cannot be done immediately, but one that is being largely progressed by the work of many activists and community leaders.
Photo by: Eye for Ebony on Unsplash

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$550M Settlement with Monsanto Includes the Cleanup of Contaminated Baltimore Waters

Bayer, the current parent company and owner of Monsanto, has reached a $550 million settlement with 13 governmental entities in order to clean up contaminated Baltimore waterways. Bayer officials claim that Monsanto legally manufactured PCBs until 1977. PCBs were widely used in paints, lubricants, and electrical equipment until they were banned in the US in 1979. Waterways in the Baltimore area have been greatly polluted by past PCB contamination. The national class-action settlement aims to make Bayer pay for the pollution caused by Monsanto’s use of PCBs. Similar Monsanto-related settlements involving PCB pollution have been reached in New Mexico, Washington, and the District of Columbia. Read More

Photo by Mabel Amber from Pexels

 

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Polluting Companies Turn to State Environmental Regulatory Agencies to Lower Regulations During Covid-19

While the EPA continues to cut environmental regulations, the country’s most polluting industries are now turning their focus to state environmental regulatory agencies. Many companies have recently asked state regulators to relax or delay pollution monitoring requirements, claiming that Covid-19 has made them unable to comply with laws that protect the public from the health hazards of pollution. The majority of states do not publish any information about companies that say they are struggling to comply with environmental laws, meaning that most Americans that live near large polluting factories, refineries, and farms are unaware whether the pandemic has led to more pollution in their areas or not. Read More