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66 Environmental Justice
justice, air pollution and asthma, and skills related to fundraising and
communications.
Governor Lincoln Chafee signs into law legislation banning the siting of
76 Environmental Justice
9/29/14, 6:39 PM
motion for interlocutory appeal. Padres Hacia Una Vida Mejor v. Jackson, 2012 U.S. Dist. LEXIS 49047
(E.D. Cal. April 6, 2012).
Several environmental justice organizations in Detroit filed a lawsuit in May 2009 challenging the Federal
Highway Administrations (FHWA) record of decision (ROD) concerning the proposed construction of a new
international bridge known as the Detroit River International Crossing, connecting Detroit, Michigan with
Windsor, Ontario. The lawsuit alleged that the ROD violated NEPA by not properly accounting for
environmental justice because the community where the bridge was to be located was an economically
depressed and minority community. After filing the action, the plaintiffs filed a motion seeking discovery to
determine whether the administrative record was complete. In an April 5, 2012 decision, the district court
held that it was unable to evaluate the adequacy of the FHWA administrative record, and ordered FHWA to
take additional steps in order to enable the court to assess the completeness of the record. Latin Americans
for Social and Economic Development v. Federal Highway Administration, 2012 U.S. Dist. LEXIS 48452
(E.D. Mich. April 5, 2012).
2
Page 2 of 103
EPA releases School Siting Guidelines which recommend HB 2018, Reduced Truck Idling Rule, is passed to limit
best practices for sponsors of school projects to use the amount of time that a truck or commercial vehicle
This link points to
when siting schools relative to a range of man-made can idle. This helps reduce the amount of emissions
an
EPA doc.
environmental hazards. Significantly, the Guidelines
produced by commercial vehicles. The limitation on idle
However,time
some
of minutes in a 60-minute period.
recommend that school sponsors conduct rigorous
is five
thesiting
words come
environmental reviews of candidate sites, and that
Rita Harris is awarded the Sierra Clubs Virginia Ferguson Award
from
the ABA
decisions and environmental reviews be developed
with
1 advisory committees. for her work to diversify the organization.
the participation of local school siting
The Cochabamba World Peoples Conference On Global
Warming and Rights Of Mother Earth was held in 2011.
Farmworkers and environmental health organizations file
2012
On January 3, 2012, 50 Alabama residents living near a
landfill that took coal-combustion ash from a Tennessee Valley
Authority (TVA) plant and filed an administrative complaint
with EPA, alleging that the Alabama Department of
9/29/14, 6:39 PM
Page 4 of 103
1
This link points to
9/29/14, 6:39 PM
http://www.americanbar.org/groups/environment_energy_resources/
publications/books_related_products/ejupdates/ejweb.html
2012:
Page 1 of 103
2013
In January, Greenaction succeeds obtaining a voluntary
agreement to reduce diesel truck idling in Kettleman City
1
and Avenal.
EPA releases for public comment two draft policy papers
intended to improve the agencys enforcement of Title
VI of the Civil Rights Act of 1964. One draft policy paper
proposes to change the way EPA assesses adversity by
having the agency refrain from applying a rebuttable
presumption in certain Title VI investigations. The
rebuttable presumption, announced in the Select Steel
case establishes a presumption that compliance with
environmental standards means there is no adversity for
purposes of establishing a violation of the agencys Title
VI disparate impact regulations. The second draft paper
discusses EPAs thinking about how to expand the roles
of complainants and recipients in the Title VI complaints
process. Both papers were developed in response to a
series of meetings with EPA Administrator Jackson and
environmental justice activists and attorneys in 2012.
Civil Rights
10/12/14, 12:56 PM
http://www.epa.gov/civilrights/title6policy.htm
Last updated on December 13, 2013
Civil Rights
Basic Information
Title VI Policy
Background
Scheduled Teleconference Calls
Listserv
Background
The U.S. Environmental Protection Agency (EPA) has made improving its
civil rights program a priority and recognizes that its enforcement of Title
VI of the Civil Rights Act of 1964 (Title VI) is an important tool in its
efforts to protect against discrimination and ensure that recipients of EPA
financial assistance do not discriminate in implementing programs and
activities. On January 29, 2013, EPA released two draft policy papers via
its website for public comment. The first paper, Adversity and
Compliance With Environmental Health-Based Thresholds (PDF) (5pp,
216K, About PDF), proposes to change the way EPA assesses
adversity by having the Agency refrain from applying a rebuttable
presumption in certain Title VI investigations. The second paper, Roles
of Complainants and Recipients in the Title VI Complaints and Resolution
Process (PDF)(4pp, 52K, About PDF), discusses EPAs clarification of the
roles of complainants and recipients in the Title VI complaint process.
Consistent with its goal to promote transparency, EPA initially posted
these documents on its website and sent notification of the posting to
stakeholders who previously had expressed an interest in agency
activities. On April 26, 2013, EPA will publish these documents in the
Federal Register with a 30-day comment period in an effort to further
expand the potential audience who may see these documents. Also, EPA
will host two outreach sessions via teleconference with interested
stakeholders concerning these two draft policies.
http://www.epa.gov/civilrights/title6policy.htm
Page 1 of 2
National Park Service Recommends Designation of San Gabriel andnal Recreation Area | Green Justice | Departures Columns | KCET
10/12/14, 1:11 PM
Area (http://www.kcet.org/socal/departures/columns/green-justice/nps-studyrecommends-designation-of-san-gabriel-and-santa-monica-national-recreationarea.html)
By Robert Garcia |
April 10, 2013
RELATED TOPICS
Activism
Social Justice
The National Park Service (NPS) has released the Final Study Recommendations for the San
Gabriel Watershed and Mountains Special Resource Study. NPS seeks to "work in a
coordinated fashion, on a regional basis, to address equitable access to open space, protection
of significant resources, and interpretation and education about significant resources. Existing
NPS assistance programs are currently insufficient to address these needs in the study area,"
according to the study. "I am pleased to recommend to Congress the designation of a San
Gabriel unit of the Santa Monica Mountains National Recreation Area," said Secretary of the
Interior Kenneth Salazar.
2
Diverse allies submitted public comments to diversify access to and support for a new
recreation area in the San Gabriel watershed and mountains and the expansion of the Santa
Monica Mountains National Recreation Area. The final study is a best practice example for
park agencies to improve environmental justice, environmental quality, and public health. The
proposed expansion would go a long way to ensure access to green space and better health for
park poor, income poor communities.
Story Continues Below
Support KCET
As NPS emphasizes, "Many communities in the region ... lack appropriate access to park and
recreational resources ... NPS and partner agencies would seek to improve recreational access
and opportunities in urban areas that are deficient in recreation and park lands by offering
http://www.kcet.org/socal/departures/columns/green-justice/nps-studation-of-san-gabriel-and-santa-monica-national-recreation-area.html
Page 2 of 9
Southern Coalition for Social Justice | Southernside Environmental Justice Case Progress
10/12/14, 1:23 PM
[http://www.southerncoalition.org/wpcontent/uploads/2013/09/chain-link-fence-view-offormer-bridge.jpg]
Page 2 of 10
The City Project Blog Blog Archive Guatemala Genocide Humaeginning March 19, 2013, Live Web Cast, Commentaries, Updates
10/12/14, 1:34 PM
The historic genocide trial in Guatemala of the former president Efrain Rios Montt is
scheduled to begin March 19, 2013, at 8:30 am. This is the first time anywhere in
the world that a former head of state is being tried for genocide by a national
tribunal.
The trial will be webcast live. The sound is better at El Periodico at
http://www.elperiodico.com.gt/es/20130319/pais/226109/, and the visuals are close
up and better at Coordinacion Genocidio Nunca Mas,
www.paraqueseconozca.blogspot.com.
The trial is also being covered with summaries and commentary at www.riosmontttrial.org, a project of the Open Society Justice Initiative. Para noticias del juicio en
espaol, haz click aqu.*
http://www.cityprojectca.org/blog/archives/19030
Page 2 of 6
The City Project Blog Blog Archive Guatemala Genocide Humaeginning March 19, 2013, Live Web Cast, Commentaries, Updates
10/12/14, 1:34 PM
The United States and CIA overthrew the democratically elected government of
Jacobo Arbenz in 1954 and installed a military dictatorship. The overthrew led over
the next 48 years to the murder, torture, and disappearance of 200,000 Guatemalan
people. The governments scorched earth policy led to the destruction of entire
Mayan villages and the massacre of all their inhabitants, including women, children,
babies and elderly people. Estimates of displaced persons vary from 500,000 to 1.5
million people in the most intense period from 1981 to 1983, according to the United
Nations Commission for Historical Clarification.
The genocide and human rights violations were documented after the signing of the
Peace Accord in 1996 by the Catholic Church and the United Nations Truth
Commission. Guatemalan Bishop Juan Gerardi was bludgeoned to death for
publishing the report of the Catholic Church called Guatemala: Never Again!
(Guatemala: Nunca Mas!) in 1998. The work of Bishop Gerardi and the Catholic
Church is recognized as a best practice of liberation theology at work. If you want
peace, work for justice. The United Nations Commission for Historical Clarification
Commission (Comisin para el Esclarecimiento Histrico, or Truth Commission)
published the report Guatemala: Memory of Silence (Guatemala: Memoria del
Silencio) in 1999. Both reports include the stories of the victims in the victims own
words.
According to the UN report, the state of Guatemala is morally, ethically, and legally
responsible for genocide and human rights violations. The president of the republic,
as commander in chief of the army and minister of defense, should be subject to the
same criteria of responsibility, given that national objectives were prepared at the
http://www.cityprojectca.org/blog/archives/19030
Page 3 of 6
http://content.sierraclub.org/press-releases/2013/04/court-victory-opponents-frackingcalifornia
The EPA wins an important legal victory in a long-brewing
Judge rules administration overlooked fracking risks in California mineral leases | Reuters
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LIFE
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VIDEO
BY RORY CARROLL
SAN FRANCISCO
REGISTER
Gasoline drips off a nozzle during refueling at a gas station in Altadena, California March 24, 2012. Picture taken March
24, 2012.
RELATED NEWS
http://www.reuters.com/article/2013/04/09/us-usa-fracking-california-idUSBRE93803720130409
Page 1 of 5
EPA Wins Important Legal Victory in Spruce 1 Coal Mine Fight - WSJ.com
10/6/14, 5:41 PM
2
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WASHINGTON--The Environmental Protection Agency won an important legal victory Tuesday in a long-brewing battle with Arch Coal Inc. (ACI) over a coal
mining project in West Virginia known as Spruce No. 1.
The case tests whether the EPA can revoke a permit for the controversial practice known as mountaintop mining after another federal agency, the U.S. Army
Corps of Engineers, has already approved it.
For the coal industry, which faces an uncertain future in the U.S., the fight over Spruce No. 1 has come to symbolize what it believes is an unjust power grab by
the EPA. The industry is already locked in debates with the environmental agency over air pollution rules that seek to limit emissions from power plants that
burn coal to generate electricity.
Environmental groups, which have petitioned Congress to ban mountaintop mining altogether, say the EPA made the right move in stopping a dangerous
practice that poses risks to both human health and the environment.
The fight over Spruce No. 1 goes back to 2007, when the George W. Bush administration granted Arch Coal a permit to dump mining material into three
streams.
In mountaintop removal mining, coal companies use dynamite to blow off the tops of mountains and reveal coal seams lying below the surface. As part of the
process, the mining companies obtain permits under the Clean Water Act to dispose of mountain waste --excess rock and dirt--into nearby streams.
Arch Coal is one of the largest coal mining companies operating in the U.S.
In 2011, four years later after the Corps granted the permit, the Obama administration overturned that permit, citing concerns about water quality.
Arch Coal challenged the EPA's decision and won in a district court, which said EPA has overstepped its bounds. On Tuesday, the U.S. Court of Appeals for the
D.C. Circuit overturned the lower court's ruling and remanded the case for further proceedings.
Neither Arch Coal nor the EPA were available for immediate comment.
Write to Tennille Tracy at tennille.tracy@dowjones.com
http://online.wsj.com/article/BT-CO-20130423-710759.html?mod=googlenews_wsj#printMode
Page 1 of 1
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http://sacobserver.com/2013/03/environmental-food-justice-conference-hosted-in-oak-park/
Page 1 of 3
Dead
link
Robert
D. Bullard
is a featured speaker at the Tufts in Holcomb, Kansas.The decision lets stand a district court
University Spring 2013 Colloquium at 40th Anniversary
of UEP Celebration, Medford, MA, Saturday (evening),
April 27, 2013.
10/12/14, 2:15 PM
public
awareness
and sharing
Earthjustice
victories with
journalists.
Learn more
about Liz.
Friday
Finds:
Seafood
S.O.S.
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Yesterday, citizens in
Appalachia celebrated a huge
Previous
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Arctic
Athabaskans
Urge Black
http://earthjustice.org/blog/2013-april/victory-court-upholds-epa-authority-to-protect-appalachia
Carbon
Page 2 of 16
10/12/14, 2:15 PM
Reductions
to Protect
Homelands
Legal
Case
STOPPING
A
MASSIVE
MOUNTAINTOP
REMOVAL
COAL
MINE
RELATED
POSTS
Page 3 of 16
Paraphrasing
For Release: April 25, 2013, 9:00 a.m. EDT
Contact: Sheri Singer, sheri.singer@verizon.net, 703-346-7111, @sherisinger
Robin Buckley, robin@buckleykaldenbach.com, 703-201-3524
Groups Petition U.S. Environmental Protection Agency for Water Quunities from Mountaintop Removal Mining Pollution | Earthjustice
Earthjustice,
(202) 797-5237
10/12/14, 2:46 PM
Legal Case
MOUNTAINTOP
REMOVAL IN
WEST
VIRGINIA
http://earthjustice.org/news/press/2013/groups-petition-u-s-environagency-for-water-quality-standard-in-appalachia-to-protect-communit
Page 2 of 10
1904FranklinSt,Suite600|Oakland,CA94612
Phone:5103020430|Fax:5103020437|www.cbecal.org
On Tuesday night, Oakland City Council unanimously passed a 180-day extension for the Emergency
Ordinance that requires any new crematoriums in Oakland to first, obtain a Major Conditional Use Permit.
This is what Oakland residents wanted! East Oakland residents, Allen Temple Baptist Church,
Communities for a Better Environment, Alameda County Public Health Department, and local businesses
believe that everyone deserves the freedom to breathe!
Without this emergency ordinance, the City would allow human cremation to be classified as a General
Manufacturing activity, and therefore not require a permit with public participation and environmental
review. Cremation is not a manufacturing activity and the community has a right to know!
We want to thank the hundreds of Oakland residents that signed our petition, Reverend Buford and Allen
Temple Baptist Church, Allen Temple Arms, Alameda Public Health Department, Hope Collaborative, and
CBE members for your support. Over 57 residents signed up to speak on this issue.
We had fiery public testimony of over twenty-five Oakland residents who are still outraged by a proposed
Walmart-scale crematorium with the capacity to burn over 3000 bodies per year in East Oakland. More
mercury would come out of this proposed facility in East Oakland than the Richmond Chevron refinery
reports it is putting out in the air.
East Oakland is already overburdened by pollution. Because of that, we have high asthma rates and lower
life expectancy than people in other parts of the Bay area. We also have worse impacts of economic
depression, blight, and violence.
We need to build a healthier Oakland, and not allow more pollution in our air. We need policies that will
improve the quality of life of ALL Oakland residents.
Because of your support, we won this round but our work is not complete. City staff will have 180 days to
make this ordinance permanent so that any new crematorium wanting to come to Oakland knows it will need
to get a Conditional Use Permit. Making the law clear is important.
Thank you for all your support! We give a special thanks to the leadership of Vice Mayor, Councilmember
Reid and his Chief of Staff Iris Merriouns!
In Solidarity and Justice,
Communities for a Better Environment (CBE)
Oakland Team
1904 Franklin, Suite 600 Oakland, CA 94612 Ph: (510) 302-0430 // Legal fax (510) 302-0437
In Southern California: 6326 Pacific Blvd, Suite 300 Huntington Park, CA 90255 Ph: (323) 826-9771
Plans for Proposed Kansas Coal-Fired Power Plant Halted Pending Further Environmental Review | Earthjustice
10/12/14, 3:09 PM
CONTACTS
Amanda
Goodin,
Earthjustice,
(206)
3437340,
ext.1020
Emily
Rosenwasser,
Sierra
Club,
(312)
251-
1680,
ext. 119
http://earthjustice.org/news/press/2013/plans-for-proposed-kansas-coal-fired-power-plant-halted-pending-further-environmental-review
Page 2 of 10
CHAPTER 5
Selected
Bibliography
REPORTS
Government Reports
Paraphrasing
1999
2000
National Environmental Justice Advisory Council, Guide on Consultation
and Collaboration With Indian Tribal Governments and the Public
Participation of Indigenous Groups and Tribal Members in Environmental
Decision Making (Washington, DC: U.S. Environmental Protection
Agency, 2000).
The Guide responds to testimony before the National Environmental
Justice Advisory Council (NEJAC) that, in some instances, existing public
participation processes have provided inadequate opportunities for tribal
communities and tribal members to have meaningful involvement in
environmental and public health decision-making processes. As citizens
of the United States, tribal members (as individuals or representatives
of indigenous organizations) have a right to environmental and public
health protection under federal law comparable to that afforded to
other citizens.
2001
Governor Paris N. Glendening and Lieutenant Governor Kathleen
Kennedy Townsend. The Maryland Commission on Environmental Justice
and Sustainable Communities Report (Baltimore: State of Maryland,
Department of Environment, December 2001).
92 Environmental Justice
NATIONAL
ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
August 3, 2000
Administrator Carol M. Browner
Washington, DC 20460
Request the Office of General Counsel to clarify legal authority and provide guidance on, the
extent to which, permit writers (including delegated state, tribal, and local governments) have
a mandatory and/or discretionary authority to deny an environmental permit, condition a permit,
or require additional permit procedures on environmental justice grounds.
As delineated in EPAs 1997 Strategic Plan to ensure that all people, regardless of race, income
or national origin, are protected from significant risk to human health and the environment
where they live, learn, and work," the NEJAC urges the Administrator to assert leadership in
the quest to better understand the following: (1) cumulative impacts; (2) degree of risk; (3)
community demographics; and (4) disproportionality of risk, and how these can be integrated
into the permit review process, as appropriate.
2
Section 112(r)(7) also authorizes the EPA Administrator to consider
location and response capabilities in establishing requirements to prevent
accidental releases of hazardous air pollutants. 42 U.S.C. 7412(r)(7).
Requirements for the siting of solid waste incinerators must "minimize,
on a site specific basis, to the maximum extent practicable, potential risks
to public health or the environment." Section 129(a)(3), 42 U.S.C.
7429(a)(3)(emphasis added).
Penalties for noncompliance with applicable Clean Air Act provisions
must reflect "such other factors as justice may require," including,
presumably, the potentially greater need for deterrence in communities
which have historically lacked the resources to oversee facility
compliance. See section 113(e)(1), 42 U.S.C. 7413(e)(1)(emphasis
added).
EPA has broad discretion to impose whatever permit conditions "are
necessary to assure compliance." Section 504, 42 U.S.C. 7661c.
Conceivably, permit conditions could include provisions to enhance a
community's ability to oversee facility compliance.
Finally, state boards with responsibility for permitting and enforcement of
the Act must have "at least a majority of members who represent the
public interest." Section 128, 42 U.S.C. 7428(emphasis added). The
"public interest" standard may allow EPA to require that such boards
include representatives of environmental justice communities.
5. Does section 112(k) of the Clean Air Act, 42 U.S.C. 7412(k), require or authorize EPA (and
delegated permit authorities) to address environmental justice concerns about cumulative
burdens and their associated health risks in urban areas?
Section 112(k) addresses hazardous air pollutants from area sources (i.e., stationary
sources that are not major) that individually or collectively present significant risks to public
health in urban areas. The section directs EPA to monitor for a broad range of hazardous air
pollutants, analyze contributing sources, and assess the public health risks they pose. EPA
also must develop a comprehensive national emission control strategy, encourage and support
State and local emission control strategies, and report to Congress on specific metropolitan
areas that continue to experience high risks to public health from area source emissions. See
also section 112(c)(3), 42 U.S.C. 7412(c)(3) and Tr. I-294-295.
6. Does the Resource Conservation and Recovery Act ("RCRA") require or authorize EPA (and
delegated permit authorities) to address such environmental justice concerns as cumulative
risk, unique exposure pathways, and sensitive populations? Tr. I-238. Relevant provisions
cited in a law review article presented to NEJAC include:
Standards applicable to generators and transporters of hazardous waste as
well as hazardous waste treatment, storage, and disposal facilities must
incorporate such protective requirements "as may be necessary to protect
human health and the environment," language broad enough to
encompass consideration of cumulative impacts. See sections 3002(a),
3003(a), and 3004(a), 42 U.S.C. 6922(a), 6923(a), and 6924(a)(emphasis
added).
13
1
5
2002
2003
2004
2005
EXECUTIVE SUMMARY
Purpose
The Maryland Commission on Environmental Justice and Sustainable Communities has
completed its first annual report. At Marylands annual Environmental Legislative Summit on
January 21, 2002, Mr. Scot T. Spencer, the Commissions Chairman, presented an official report
to Marylands Governor, Parris Glendening for his review and consideration. The report contains
the Commissions findings and recommendations in accordance with an Executive Order issued
by the Governor on January 1, 2001.
Background
The Commission held its inaugural meeting on May 11, 2001. The Maryland Department
of the Environments Secretary, Jane Nishida, Assistant Secretary Denise Ferguson-Southard and
the Commissions Chair, Scot T. Spencer, presented the charge and goals to the Commission.
The Commission has had seven (7) meetings since its first meeting in addition to the first
community forum, which was held on December 21, 2001. The Commissions meetings have
identified several problematic areas of concern across the state of Maryland. There is significant
concern about the full integration of stakeholder-based/community involvement and planning
within the framework of the regulatory mandates, processes, and procedures. General concerns
articulated by Marylanders during the 2001 meetings include inequities in research practices
1
associated with lead paint studies, power plant siting, landfill siting, the provision
of wastewater
and sewer infrastructure, permitting, hearing processes, public outreach, and involvement, and
protection of public health.
The Commission has made several recommendations that could result in the development
of more sustainable communities. One concept that is intriguing to the Commission is the
development of a comprehensive framework to respond to environmental inequities in targeted
communities. This concept builds on the foundations of Marylands Smart Growth paradigm and
those created by the visions adopted as State policy in the 1992 Growth Act.
This concept embodies the development of policies with the use of State resources that
support communities and influence the location of specific development. It will attempt to use
the authority of state government in communities designated by counties and local government
as environmentally challenged or higher risk communities. These designated communities would
receive priority attention that could manifest in several forms: additional compliance and
enforcement activities, additional state funding and tax benefits, and special analyses of potential
developmental benefits and impacts, with the idea of steering away environmentally detrimental
activities while encouraging environmentally and economically beneficial ones.
The Commission is looking at mechanisms to identify high-risk communities so that state
agencies can focus their limited resources on the highest priority areas. To facilitate this
identification, the Commission has started to develop criteria to better define high risk or
environmentally challenged communities.
1
Recommendations
This initial Commission report recognizes the unique challenges faced by many
Maryland communities and is recommending the integration of an environmental justice and
sustainable communities ethic within all state agencies. In this context, the Commission is
recommending that state agencies develop plans using MDEs Strategic Environmental Justice
Plan as a guideline for developing a comparable approach in achieving their own agency
missions.
The Commission recommends the use of alternative dispute resolution (ADR) as a
response mechanism to community-based environmental disputes. We are striving to develop
innovative practices and approaches that can better lead to resolving environmental disputes
before executive branch agencies in Maryland.
The Commission also recommends continued education of state agencies on
environmental justice and sustainable communities, with special attention given to marginalized
and disenfranchised communities; the creation of state-wide community forums to discuss these
issues; the development of environmental justice related guidance for state agencies; focused
effort to improve public participation before agencies; and, the building and strengthening
government infrastructure at local levels to support marginalized communities.
Finally, the Commission applauds Governor Glendening for his vision and foresight to
innovate in this area. The members have recognized the enormity of the Commissions tasks.
They do not see these tasks as challenges, but as opportunities to build upon and strengthen all of
Maryland communities, consistent with the states legacy of inclusion and sustainable
communities.
United States
Environmental Protection
Agency
STATUS REPORT
ENVIRONMENTAL JUSTICE
COLLABORATIVE MODEL: A Framework to
Ensure Local Problem-Solving
Developed by
Federal Interagency Working Group
On Environmental Justice
Preface
In May, 2000, the 11 federal agencies comprising the Federal Interagency Working Group on
Environmental Justice (IWG) developed and issued an Interagency Environmental Justice Action
Agenda (Action Agenda). The goals of the Action Agenda are as follows:
(1) to promote greater coordination and cooperation among federal agencies;
(2) to make government more accessible and responsive to communities;
(3) to initiate environmental justice demonstration projects to develop integrated place-based
models for addressing community quality-of-life issues; and
2
(4) to ensure integration of environmental justice in policies, programs and activities of
federal agencies.
The underlying premise of the Action Agenda is that a collaborative model is an effective method for
comprehensively and proactively addressing the interrelated environmental, public health, economic,
and social concerns collectively known as environmental justice issues. The IWG, in partnership with
various stakeholders (i.e., state, tribal, and local government agencies; community organizations;
industry representatives; and others) established 15 demonstration projects to test this underlying
premise.
iii
http://www.usccr.gov/pubs/envjust/ej0104.pdf
iii
Letter of Transmittal
The President
The President of the Senate
The Speaker of the House of Representatives
Sirs:
The United States Commission on Civil Rights transmits this report, Not in My Backyard: Executive
Order 12,898 and Title VI as Tools for Achieving Environmental Justice, pursuant to Public Law 103419. This report examines how well four federal agenciesthe Environmental Protection Agency, the
U.S. Department of the Interior, the U.S. Department of Housing and Urban Development, and the
U.S. Department of Transportationhave implemented Executive Order 12,898 and Title VI. Executive Order 12,898 requires federal agencies to collect data on the health and environmental impact of
their activities on communities of color and low-income populations, and develop policies incorporating the principles of environmental justice into their programs and activities. In this report the
Commission assesses the efforts of these agencies to adopt, promote, and execute policies ensuring
that environmental justice is incorporated into their core missions, whether affected communities are
provided meaningful participation in environmental decision-making processes, and to what extent
these communities have access to scientific data and effective Title VI enforcement procedures.
This report, based on Commission hearings, interviews, research, and a review of relevant literature,
reveals that while there has been some limited success in implementing Executive Order 12,898 and the
principles of environmental justice, significant problems and shortcomings remain. Federal agencies
still have neither fully incorporated environmental justice into their core missions nor established accountability and performance outcomes for programs and activities. Moreover, a commitment to environmental justice is often lacking in agency leadership, communities are not yet full participants in
environmental decision-making, and there is still inadequate scientific and technical literature on the
relationship between environmental pollutants and human health status. Although poor communities
and communities of color are becoming more skilled at using Title VI administrative processes to
seek recourse and remedies, agencies seldom, if ever, revoke a permit or withhold money from the
recipients of federal funding for violating Title VI. Strong administrative enforcement of Title VI is
required in light of court decisions limiting access to judicial recourse and remedies under Title VI.
Uncertainty about the use and effectiveness of Title VI in protecting
the poor and communities of
5
color is created by the absence of final investigative and recipient guidance by EPA. The agency was
moving toward finalizing its Title VI guidance at the time the Commission report was drafted, and
we look forward to its release. The other agencies, unlike EPA, lacked any comprehensive Title VI
investigation and recipient guidance.
As a result, the Commission report makes many recommendations; some of the recommendations are
directed toward federal agencies while others require congressional action. The report recommends,
for example, that federal agencies coordinate and promulgate clear regulations, guidelines, and procedures for investigating, reviewing, and deciding without unnecessary delay Title VI claims, and
that federal agencies implement formal Title VI compliance review programs to ensure nondiscrimination in programs and activities receiving federal funding. In addition, Congress should pass a Civil
Rights Restoration Act to provide for a private right of action for disparate impact claims under Title
VI, as well as 1983.
OFFICE OF
INSPECTOR GENERAL
March 1, 2004
MEMORANDUM
SUBJECT:
FROM:
TO:
Stephen L. Johnson
Acting Deputy Administrator
Attached is our final report regarding the Environmental Protection Agencys (EPAs)
implementation of Executive Order 12898 on Environmental Justice, its integration into the
mission of EPA, and associated actions to protect minority and low-income populations. This
report contains findings that describe problems and corrective actions the Office of Inspector
General (OIG) recommends. This report represents the opinion of the OIG, and the findings in
this report do not necessarily represent the final EPA position. Final determinations on matters
in the report will be made by EPA managers in accordance with established procedures.
Action Required
In accordance with EPA Manual 2750, as the action official, you are required to provide a
written response to the findings and recommendations presented in this final report within 90
days of the final report date. The response should address all recommendations. For corrective
actions planned but not completed by the response date, please describe the actions that are
ongoing and provide a timetable for completion. Where you disagree with a recommendation,
please provide alternative actions for addressing the findings reported.
If you or your staff have any questions regarding this report, please contact me
at (202) 566-0827 or Jeffrey Harris, Director for Program Evaluation, Cross-Media Issues, at
(202) 566-0831.
justice protocols used by three different regions would apply to the same city
showed a wide disparity in protected populations.
We believe the Agency is bound by the requirements of Executive Order 12898
and does not have the authority to reinterpret the order. The Acting Deputy
Administrator needs to reaffirm that the Executive Order 12898 applies
specifically to minority and low-income populations that are disproportionately
impacted. After 10 years, there is an urgent need for the Agency to standardize
environmental justice definitions, goals, and measurements for the consistent
implementation and integration of environmental justice at EPA.
6
Recommendations
July 2005
ENVIRONMENTAL JUSTICE
Accountability Integrity Reliability
Highlights
Highlights of GAO-05-289, a report to the
Ranking Member, Subcommittee on
Environment and Hazardous Materials,
Committee on Energy and Commerce,
House of Representatives
www.gao.gov/cgi-bin/getrpt?GAO-05-289.
To view the full product, including the scope
and methodology, click on the link above.
For more information, contact John B.
Stephenson at (202) 512-3841.
United States Government Accountability Office
Selected Bibliography
2006
National Environmental Justice Advisory Council. The 2005 Gulf Coast
Hurricanes and Vulnerable PopulationsRecommendations for Future
Disaster Preparedness/Response (Washington, DC: U.S. Environmental
2007
Jennifer Pike. Spending Federal Disaster Aid: Comparing the Process and
Priorities in Louisiana and Mississippi in the Wake of Hurricanes Katrina
and Rita (New York: Nelson A. Rockefeller Institute of Government,
2007).
The report highlights some of the roadblocks Louisiana and Mississippi
have been grappling with as they steer these somewhat flexible funding
sources to the areas in need.The author emphasizes that what is at stake is
the hospital dispute on whether Louisiana should rebuild the centerpiece
of what many critics contend is a failed health care system, and many
proponents argue is the only way the poor can have access to adequate
health care.
2008
Staff Report Subcommittee on Investigations and Oversight
by Committee on Science and Technology for U.S. House of
Representatives. Toxic TrailersToxic Lethargy: How the Centers for
Disease Control and Prevention Has Failed to Protect the Public Health
94 Environmental Justice
2009
U.S. Environmental Protection Agency Pacific Southwest
Region 9. Environmental Justice Resource Guide:
A Handbook for Communities and Decision-Makers
2011
2010
Agency, 2010).
Wrong link
Agency, 2011).
August 2006
A Report
prepared by the
Establish a credible forum for dialogue with affected stakeholders about different ways to
improve risk communications, including the use of forums and expert panels;
Use neutral facilitators, when appropriate;
Provide technical assistance to communities to access and interpret data, and
1
Build partnerships to ensure community outreach and meaningful involvement for
populations which historically have had less access to environmental and public health
information and/or the decision-making process.
In addition, EPA should work with appropriate agencies to address issues such as mold, debris
and sediments, and assess whether a health survey of Gulf Coast residents impacted by the
hurricanes is appropriate.
With respect to environmentally sound redevelopment, we recommend that EPA work
with appropriate agencies to foster environmentally sustainable redevelopment and the
restoration of wetlands and barrier islands. In addition, EPA should work with appropriate
agencies to address issues such as Brownfields assessment and cleanup, worker protection, and
job training and creation.
In closing, we want to acknowledge the members of the Gulf Coast Hurricanes Work
Group for their contributions to this report. In particular, we wish to recognize the leadership,
hard work and dedication provided by Ms. Wilma Subra, Work Group Chair. We also want to
acknowledge the many EPA offices that worked with the NEJAC to develop meaningful
recommendations. These EPA offices include: Region 4; Region 6; Office of Solid Waste and
Emergency Response (Office of Emergency Management, Office of Brownfields Cleanup and
Redevelopment); Office of Water; Office of Policy, Economics, and Innovation; Office of
Radiation and Indoor Air; Office of Research and Development; and the Office of Enforcement
and Compliance Assurance (Office of Environmental Justice). We look forward to your
response to our advice and recommendations.
Sincerely,
NEJAC Members
Granta Nakayama, Assistant Administrator, OECA
Thomas Dunne, Associate Administrator, Homeland Security
Susan Bodine, Assistant Administrator, OSWER
Catherine McCabe, Deputy Assistant Administrator, OECA
Stanly Meiburg, Deputy Regional Administrator, EPA Region 4
Lawrence Starfield, Deputy Regional Administrator, EPA Region 6
Barry E. Hill, Director, OEJ
Deborah Dietrich, Director, OEM
Charles Lee, Associate Director, OEJ and NEJAC Designated Federal Officer
Victoria Robinson, NEJAC Program Manager, OEJ
How can EPA effectively address the vulnerabilities of all communities to public
health and environmental risks and harms, including minority and low-income
communities, in EPAs response and rebuilding, and preparedness and prevention
efforts, in the aftermath of natural disasters similar to Hurricanes Katrina and
Rita, pursuant to the National Response Plan and applicable statutory authorities
and their implementing regulations, as well as Executive Order 12898?
It is everyones collective hope that, in the aftermath of disasters such as Hurricanes Katrina and
Rita in 2005, we as a Nation not only will be able to rebuild healthier, more sustainable
communities, but also will be better prepared both to respond to future such events and to
prevent their negative consequences. Therefore, the NEJAC has worked earnestly to provide
advice and recommendations on the important question above. The EPA convened a multistakeholder group of individuals from the Gulf Coast region, in the form of the NEJAC Gulf
Coast Hurricanes Work Group (Work Group), to formulate a set of initial draft recommendations
for the NEJAC to deliberate and act upon. The Work Group met in person twice, in New
Orleans, Louisiana (February 1-2, 2006) and Biloxi, Mississippi (April 11-12, 2006). The Work
Group also conducted several conference calls. In addition, the NEJAC Executive Council
deliberated on the Work Groups draft recommendations, and received public comments
regarding them, at a NEJAC Public Meeting in Washington, DC (June 20-22, 2006).
NEJAC Work Group members, who themselves have been struggling to rebuild and renew their
lives and devastated communities, requested that the NEJAC express their appreciation to the
EPA Administrator for the selfless, and often heroic, efforts of EPA staff in responding to the
recent hurricanes. They recognized the monumental scope of the hurricanes impacts, and
commended EPAs rapid and extensive response efforts. In particular, they noted EPAs
sensitivity to the needs of disadvantaged communities. They urged the NEJAC to strongly
convey their communities sense of tremendous anguish and urgency regarding their current and
future challenges, as well as EPAs important role in addressing them. As Mayor Johnny Dupree
of Hattiesburg, Mississippi, a member of that Work Group, poignantly stated on April 12, 2006:
Because of EPAs past good work in environmental justice, communities in the Gulf Coast have
high expectations for EPA to provide leadership in addressing their concerns.
GulfGov Reports
Spending Federal Disaster Aid
Comparing the Process and Priorities in Louisiana and Mississippi
in the Wake of Hurricanes Katrina and Rita
Principal Author:
Jennifer Pike
Research Director,
Public Affairs Research
Council of Louisiana
Public Affairs Research
Council of Louisiana
Institute of Government
Financial support for the startup of this research program has been provided by the Ford Foundation.
We gratefully appreciate their support and assistance.
iv
Executive Summary
mong the many types of federal disaster aid that have been sent to the Gulf Coast region in the wake of
hurricanes Katrina and Rita, two major grant programs stand out both for the amount of money being
funneled through them and for the flexibility they offer state and local governments trying to rebuild their
communities. Specifically, the Federal Emergency Management Agency (FEMA) Public Assistance (PA)
and the Community Development Block Grant (CDBG) programs are being used to help the affected cities,
counties, parishes, and states. In some instances that means replacing severely damaged or destroyed
buildings and infrastructure. In others, it means providing financial assistance for repairs to structures that
3
can be salvaged. For officials in the devastated communities, the money is essential to their rebuilding
processes. Yet the slow pace at which the FEMA PA grants and CDBG awards are being disbursed has
proved frustrating to local governments at best and debilitating to their recovery efforts at worst.
This report highlights some of the roadblocks Louisiana and Mississippi have been grappling with as
they steer these somewhat flexible funding sources to the areas in need. Although Texas and Alabama
also have received FEMA PA money and CDBG funding to help repair hurricane damage, neither state
suffered the level of damage that Louisiana and Mississippi did. Consequently, they received
considerably less federal money than the billions of dollars that have been set aside to help Louisiana
and Mississippi. For that reason, the decision was made to exclude them from this study.
Both the FEMA PA and CDBG programs give state and local officials discretion in spending
decisions while at the same time requiring compliance with federal guidelines. This report shows that
variations in the process each state has used to set spending priorities have had an impact on the
timeliness with which the money is being disbursed. The goal for state and local officials has been to
strike a balance between expediency the need to distribute the money as quickly as possible and
accountability the need to make sure the money is used as it was intended. But this has proved to be a
challenging and, at times, elusive goal.
Among the findings of the report:
1. The amount of federal aid provided to Mississippi and Louisiana is not proportional to the amount
of damage each state suffered.
2. The sluggishness of aid distribution continues to be the primary concern of state and local officials
in both states.
GulfGov Reports
15
allocated for economic development in Louisiana. The bulk of the Mississippi funding, $340 million, is for
grants and loans for job creation. The bulk of Louisianas funding, $235 million, is set aside for bridge and
long-term recovery loan and grant programs for private businesses. Other programs provide funding for
tourism marketing and research support at higher education institutions.
4
The charity hospital decision may have set an important precedent as the intergovernmental roles in
setting rebuilding priorities and policies are established for future disasters. The question is whether
rebuilding funds can or should be used to promote policy reforms and whether federal officials should
intervene in the development of those reforms. At stake in the hospital dispute is whether Louisiana should
rebuild the centerpiece of what many critics contend is a failed health care system and many proponents
argue is the only way the poor can have access to adequate health care.
GulfGov Reports
CHAIRMAN
RANKING MEMBER
MEMORANDUM
September 22, 2008
TO:
FROM:
Majority Staff
RE:
Attached is a staff report titled: "Toxic Trailers - Toxic Lethargy: How the
Centers for Disease Control and Prevention Has Failed to Protect the Public
Health." On April 1, 2008, the Subcommittee held a hearing on the Agency for
Toxic Substances and Disease Registry's (ATSDR) production of its February
2007 health consultation for the Federal Emergency Management Agency
(FEMA) on formaldehyde levels in travel trailers provided to survivors of
Hurricanes Katrina and Rita. The attached report provides a detailed
examinatiOIl. of ATSDR's production, approval and release of that health
consultation and the agency's response to the FEMA/formaldehyde issue. It
includes information provided to the Subcommittee after the April 1st hearing.
Cc:
Bart Gordon
Chairman
------ ---------- --- -------Committeeon-Science-andTechnology --------- -
Nick Lampson
Chairman
Subcommittee on Energy and Environment
Executive Summary
Created in 1980 by Congress, the Agency for Toxic Substances and Disease
Registry (ATSDR), based in Atlanta, Georgia, is a federal public health agency of the U.S.
Department of Health and Human Services. As part of its mandate to protect the public
from harmful environmental chemicals the agency performs "public health assessments of
waste sites, health consultations concerning specific hazardous substances, health
surveillance and registries, response to emergency releases of hazardous substances,
applied research in support of public health assessments, information development and
dissemination, and education and training concerning hazardous substances."l
The mission of ATSDR, a sister agency of the Centers for Disease Control and.
Prevention (CDC), "is to serve the public by using the best science, taking responsive
public health actions, and providing trusted health information to prevent harmful
exposures and disease related to toxic substances.,,2 Unfortunately, the agency failed to
meet any of those objectives when it produced a "health consultation" on formaldehyde
levels in travel trailers provided by the Federal Emergency Management Agency (FEMA)
to survivors of Hurricanes Katrina and Rita in February 2007. 3 In almost every respect
ATSDR failed to fulfill its mission to protect the public from exposure to formaldehyde at
levels known to cause negative health effects. The agency's incomplete and inadequate
handling of their public health assessment, the failure to quickly and effectively correct
their scientific mistakes and their reluctance to take appropriate corrective actions was all
5 notable inattention and inaction on the part of ATSDR's senior leadership. As a
marked by
result, tens of thousands of Hurricanes Katrina and Rita families living in trailers with
elevated levels of formaldehyde were kept in harm's way for at least one year longer than
necessary. ,
ATSDR failed to translate its scientific findings and facts into appropriate public
health actions to properly inform and warn FEMA and the tens of thousands of Hurricanes
Katrina and Rita survivors living in FEMA-provided trailers and mobile homes of the
potential health risks they faced from exposure to formaldehyde. Instead, ATSDR's
reaction was marred by scientific flaws, ineffective leadership, a sluggish response to
inform trailer residents of the potential risks they faced, and a lack of urgency to actually
remove them from harm's way. Most disturbingly, there was a concerted and continuing
effort by the agency's leadership to both mask their own involvement in the formaldehyde
General Counsel because of expected litigation concerns, was scientifically flawed and
- 1
Lisa P. Jackson
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC1101A)
Washington, D.C. 20460
6
Dear Administrator Jackson:
The National Environmental Justice Advisory Council (NEJAC) is pleased to
submit the report, Strategies to Enhance School Air Toxics Monitoring in
Environmental Justice Communities (April 2010), for the Agencys review.
This report contains advice and recommendations about how EPA can most
effectively promote strategies that would improve EPAs long-term school and
community outreach approach in the future.
With the 19 recommendations outlined in this report, the Council seeks to
Identify ways in which EPA can work with its partners and stakeholders at
the national, state, tribal, and local levels to enhance the Agencys
engagement with all school communities, but especially with low-income
and people of color communities.
Convey a sense of urgency toward taking action for reducing childrens
exposure to toxic air contaminants
Provide a clear focus about the need to aggressively protect children where
they live, learn, and play
to mitigate identified air quality problems. A full range of options, including permit modification or
revocation, should be on the table.
4.0
CONCLUSION
As part of the next steps for EPAs School Air Toxics Monitoring Program, the following recommendation
is offered:
19. EPA should seek the advice of the NEJAC (or its work group as delegated) about designing
and implementing the next phase of the school air toxics monitoring project. The Agency
should engage the NEJAC in more than just community outreach and communications issues related
to this program. For all the aforementioned reasons, we believe that EPAs Charge to the NEJAC
needs to be revised and expanded to incorporate areas other than effective communications
strategies for engaging with the public about EPAs School Air Toxics Monitoring project.
Additionally, a revised charge from the NEJAC to the Work Group, should delineate the role of that
body in interpreting and analyzing air monitoring data that is distinct from that of a formally
established Peer Review Committee, yet allows the Work Group to substantively address these areas
in a way that is not considered to be going beyond its chartered responsibilities and those of the
NEJAC itself. The development of protocols that address all aspects of the monitoring project would
allow the Work Group to provide expert advice relevant to two key phases of the project, i.e., data
collection design and interpretation of findings, both critical to the usefulness and credibility of the
program.
REPORT OF THE
NATIONALLY CONSISTENT ENVIRONMENT JUSTICE SCREENING
APPROACHES WORK GROUP
TO THE
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
January 11, 2010
I.
INTRODUCTION
The Environmental Justice Strategic Enforcement Screening Tool (EJSEAT) was created by
EPAs Office of Enforcement and Compliance Assurance (OECA) to serve as a consistent
methodology that would enable OECA to identify communities or areas experiencing
disproportionate environmental and public health burdens for the purposes of enhancing and
focusing OECAs enforcement and compliance activities in those areas. 1 OECAs desire to
improve consistency in EPAs environmental justice program is commendable. For some
regulatory functions, there should be consistent logic in approaching environmental justice (EJ)
concerns. For example, it is important to have a way of tracking progress in allocating resources
to environmental justice areas in order to demonstrate the effectiveness of a national EJ program.
In addition it is helpful to clearly articulate the critical factors to be included when screening for
areas of concern so that communities know the standards under which they can seek agency 8
support and assistance. However, it is equally important to recognize that for some purposes, a
consistent national methodology strictly applied is not appropriate and screening factors must be
supplemented by local information. This report to the National Environmental Justice Advisory
Council (NEJAC) from the Work Group discusses screening approaches through the lens of
EJSEAT, in particular, and how such approaches might better identify areas of concern. This
report also discusses the principles that should guide the use of a screening approach, those
instances where a nationally consistent screening approach might be appropriate, and those
instances where such an approach might be inappropriate or misused.
II.
The Work Group initially was charged to gain a basic understanding of EJSEAT and to identify
policy-level issues, concerns, potential benefits and uses of EJSEAT. This identification process
would take place in the context of briefings on EPAs developing programmatic approaches to
environmental justice. On December 14, 2007, the NEJAC forwarded to the Assistant
Administrator of OECA a letter describing its approach to evaluating EJSEAT, and providing
quick feedback on issues and concerns flagged at the outset. The letter was forwarded as well to
EPAs staff who were at the time working on EJSEAT for their consideration as they continued
to refine the approach. Then Assistant Administrator of OECA. Granta Nakayama requested
advice and recommendations from the NEJAC to improve EJSEATs comprehensiveness,
efficacy and accuracy. 2 On the basis of these initially identified issues and the request of the
Assistant Administrator, the NEJAC established a Work Group to assess the nature of EJSEAT
and its potential uses, and to develop a list of initial principles that should shape development of
such a tool.
The Work Group sought to gain a deeper understanding of how EJSEAT worked and how it
appeared to be operating in early field testing by EPA Regions. We received briefings from EPA
staff. The OECA in particular answered follow-up questions from Work Group members and
provided EJSEAT data elements, definitions and sources. The Work Group also requested
reports from several Regions performing this testing. We received an informal briefing from one
1
2
EPA, Work Plan for the NEJAC Work Group on Nationally Consistent EJ Screening Approaches
Letter from Granta Y. Nakayama to Richard Moore, Chair of the NEJAC, dated February 4, 2008.
Lisa P. Jackson
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Selected Bibliography
Protection Agency).
The Environmental Justice Directory will serve as a resource for the
public with a goal of increasing communication and collaboration among
stakeholders, federal, state, and local agencies, and tribal governments to
address environmental justice issues. Most importantly, this Directory
will assist community stakeholders with obtaining better access to
federal agencies in order to more effectively address environmental
justice issues within their local communities.
Federal Interagency Working Group on Environmental Justice.
Community-Based Federal Environmental Justice Resource Guide
96 Environmental Justice
October 6, 2011
The Honorable Donna F. Edwards
Ranking Member
Subcommittee on Investigations and Oversight
Committee on Science, Space, and Technology
House of Representatives
Dear Ms. Edwards:
The concept of environmental justice is based on the belief that
communities with large numbers of minority or low-income residents
frequently shoulder a disproportionate share of environmental and
health risks. Many of these communities are located in areas within
close proximity to sources of pollutants that can adversely affect both
the environment and human health. For more than 15 years, the
Environmental Protection Agency (EPA) has been responsible for
leading the federal governments approach to environmental justice
that is, the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to the
development, implementation, and enforcement of environmental laws,
regulations, and policies. Specifically, an executive order signed in
1994, 1 calls for all federal agencies to incorporate environmental justice
into their programs, policies, and activities to the greatest extent
practicable and permitted by law. It also calls on EPA to take the lead in
chairing an interagency workgroup created to help federal agencies
make environmental justice part of their missions. However, over the
years, EPAs efforts in integrating environmental justice have come
under criticism, both from within and outside the agency. For example,
in 2004 and 2006, 2 EPAs Inspector General (IG) made a number of
recommendations to improve EPAs environmental justice efforts. In
Exec. Order No. 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, 59 Fed. Reg. 7629 (Feb. 11, 1994).
2
Page 1
GAO, Environmental Justice: EPA Should Devote More Attention to Environmental Justice
When Developing Clean Air Rules, GAO-05-289 (Washington, D.C.: July 22, 2005).
Because EPAs Plan EJ 2014 and associated implementation plans were not finalized
until September 2011 as we were preparing to issue our report, our analysis is based on
our review of draft versions of these documents. However, after EPAs plans were publicly
released, we reviewed these final documents and determined that they did not
substantively differ from the draft versions on which our conclusions and
recommendations are based. Therefore, throughout this report, except where necessary
to ensure clarity, we do not distinguish between draft and final versions of EPAs Plan
EJ 2014 and its implementation plans.
Page 2
2
its environmental justice efforts and (2) the extent to which EPA is following
leading strategic planning practices in establishing a framework for
integrating environmental justice in its programs, policies, and activities.
To conduct this work, we reviewed the executive order, relevant EPA
guidance, and interviewed senior officials within individual program offices in
the agencys headquarters as well as senior officials in EPA regions. We
also interviewed other stakeholders, including selected members of EPAs
National Environmental Justice Advisory Council and a number of national
associations that represent state environmental agencies, including the
Environmental Council of States and the Association of State and Tribal
Solid Waste Management Officials. To determine how EPA is implementing
its environmental justice efforts, we identified key offices with environmental
justice responsibilities by reviewing and analyzing EPA documents as well as
interviewing officials from EPAs Office of Environmental Justice and Office
of Enforcement and Compliance Assurance, among others. To determine
the extent to which EPA is following leading practices in developing a
framework for integrating environmental justice in its programs, policies, and
activities, we compared EPAs strategic planning efforts for environmental
justice to leading practices in federal strategic planning. These include (1)
practices required at the federal department/agency level under the
Government Performance and Results Act of 1993 (GPRA), 6 which we have
previously reported also can serve as leading practices for planning at lower
levels within federal agencies such as individual programs or initiatives; 7 (2)
practices identified in Office of Management and Budget (OMB) guidance to
federal agencies for implementing GPRAs requirements; 8 and (3) related
leading practices that GAOs past work has identified.9
For example, see GAO, Foreign Aid Reform: Comprehensive Strategy, Interagency
Coordination, and Operational Improvements Would Bolster Current Efforts, GAO-09-192
(Washington, D.C.: Apr. 17, 2009), p. 31.
8
OMB, Circular A-11, Section 210: Preparing and Submitting an Agency Strategic Plan,
2010.
9
For example, see GAO, Executive Guide: Effectively Implementing the Government
Performance and Results Act, GAO/GGD-96-118 (Washington, D.C.: June 1, 1996); Tax
Administration: IRS Needs to Further Refine Its Tax Filing Season Performance
Measures, GAO-03-143 (Washington, D.C.: Nov. 22, 2002); and Managing for Results:
Strengthening Regulatory Agencies Performance Management Practices,
GAO-GGD-00-10 (Washington, D.C.: Oct. 28, 1999).
Page 3
Environmental Justice
Federal Interagency
Directory
August 2011
Working
together towards
collaborative
and innovative
solutions
Environmental Justice
Federal Interagency
Directory
August 2011
The Federal Interagency Working Group on Environmental Justice (IWG) was established
in 1994 under Executive Order (EO) 12898. The IWG is comprised of federal agencies and
several White House offices. Chaired by the Administrator of the U.S. Environmental
Protection Agency (EPA), the IWGs focus is to integrate environmental justice into federal
agency programs, policies and activities. In August 2011 the federal family reaffirmed its
commitment to work for environmental justice and continue the collaborative work of the
IWG. The IWG works to share lessons-learned and ensure opportunities for collaboration
in ensure opportunities for collaboration in addressing environmental justice concerns.
The Environmental Justice Directory will serve as a resource for the public with a goal
of increasing communication and collaboration among stakeholders, federal, state, and
Working
local agencies, and tribal governments to address environmental justice issues. Most
importantly, this Directory will assist community stakeholders with obtaining better
access to federal agencies in order to more effectively address environmental justice
issues within their local communities.
together towards
collaborative
and innovative
solutions
2012
6
Milestones and Accomplishments 97
ENVIRONMENTAL JUSTICE
IMPLEMENTATION PROGRESS REPORT
2012
Introduction
Executive Order 12898 of 1994 Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations. The Executive Order issued on February
11, 1994, states in part that Federal agencies shall make achieving environmental justice part of
its mission by identifying and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of its programs, policies, and activities on minority
populations and low-income populations in the United States and its territories and
possessions
Mission
Protecting Americas Great Outdoors and Powering Our Future. The U.S. Department of the
Interior protects Americas natural resources and heritage, honors our cultures and tribal
communities, and supplies the energy to power our future.
This complaint involves the Texas County Commission court's approval of a mining permit in
Austin, Texas which will interrupt the water table in a predominately Latino, African American,
and Spanish speaking only community. Also, that the Department of Transportation will be
hauling the gravel and sandstone for roads and building sites. The FWS and NPS will process
this complaint. The FWS will be the primary bureau in this case. This complaint was accepted
for review under the authority of Title VI of the Civil Rights Act of 1964, which prohibits
discrimination based on race, color and national origin in programs, activities, and services
receiving federal financial assistance. This case remains open.
Goal #5 Performance Measure #2 Percentage of civil rights compliance reviews where EJ is
a review factor.
The Department did not conduct a Civil Rights compliance review where EJ was a review factor.
Goal # 5 Performance Measure #3 Recipients of federal financial assistance receiving
technical guidance on EJ as linked to Title VI.
The Department is currently reviewing this performance measure and will determine its
feasibility and report accordingly.
The Department participated in the 2012 National Environmental Justice Conference and
Training Program held in Washington, DC. The conference was sponsored by the U.S.
Department of Energy. Leaders from around the country gathered for three days to discuss
barriers and challenges to EJ, and ways to build capacity in communities. The program format
23
ENVIRONMENTAL JUSTICE
IMPLEMENTATION PROGRESS REPORT
2009-2011
http://www.doi.gov/oepc/justice.html
Introduction
ENVIRONMENTAL JUSTICE
STRATEGIC PLAN
2012 2017
4
The 1995 EJ Strategic Plan did not establish quantitative measures or reporting requirements.
Nevertheless, we recognize the value that such tools provide in achieving our goals. Therefore,
in order to build upon our past efforts we have included quantitative measures and reporting
requirements in this revised EJ SP.
The Departments 2012-2017 EJ SP sets forth five major goals to guide the Department in its
pursuit of EJ. In the coming years, we will employ an integrated strategy to:
Ensure responsible officials 2 are aware of the provisions of EO 12898 and are able to
identify and amend programs, policies, and activities under their purview that may have
disproportionately high and adverse human health or environmental effects on minority,
low-income, or tribal populations;
Ensure minority, low-income, and tribal populations are provided with the opportunity to
engage in meaningful involvement in the Departments decision making processes;
The Department will, on its own or in collaboration with partners, identify and address
environmental impacts that may result in disproportionately high and adverse human
health or environmental effects on minority, low-income, or tribal populations;
Use existing grant programs, training, and educational opportunities as available to aid
and empower minority, low-income, and tribal populations in their efforts to build and
sustain environmentally and economically sound communities; and
Integrate the Departments EJ Strategies with its Title VI of the Civil Rights Act
enforcement responsibilities to improve efficiencies while preserving the integrity of
Title VI and EJ activities.
Responsible Official is the bureau employee who is delegated the authority to make and implement a decision on a proposed
action and is responsible for ensuring compliance with NEPA.
14
Bureaus/Office Reporting
Performance Measures
2017 Target
All
Percentage of Title VI EJ
complaints resolved or
adjudicated.
All
All
Examples of Department or bureau specific goals, programs, activities, or policies that currently
or potentially could be used to support this strategic goal:
The FWSs Wildlife and Sport Fish Restoration Program provides Federal financial assistance to
state and wildlife agencies. The FWS plans to conduct annually at least nine civil rights
compliance reviews of these state fish and wildlife agencies. Compliance with EJ will be a
major component of those reviews. In particular, the FWS will monitor states activities in
working with minority and low-income communities on environmental assessments conducted.
The FWS will monitor the emission of toxins into the air, ground or water by these state
agencies. EJ Requirements will be considered on a project by project basis where Federal funds
are being spent.
5
Action 9 of the NPSs A Call to Action is Keep the Dream Alive. The NPS will foster civic
dialogue about the stories of the civil rights movement found within the parks. The NPS will
conduct a coordinated series of special events to commemorate significant 50th anniversaries of
the civil rights movement (Civil Rights Act passage, I Have a Dream speech, etc.).
About this Environmental Justice Strategic Plan:
This EJ SP should not be viewed as a mechanism to provide direct solutions to EJ issues in a
particular community. Instead, the EJ SP is intended for the Department to assess different
environmental scenarios, identify challenges and opportunities, explore practical application of
strategies, and develop recommendations to address EJ issues.
This EJ SP does not confer any legal right and is not a rule requiring notice and comment under
the Administrative Procedure Act (Public Law 89-554).
This EJ SP is intended only to improve the internal management of the U.S. Department
25
December 2012
ENVIRONMENTAL PROTECTION
EPA Should Develop a Strategic Plan for Its New
Compliance Initiative
Highlights of GAO-13-115 a report to the
Chairman, Committee on Environment and
Public Works, U.S. Senate
Since introducing its Next Generation Compliance initiative in fiscal year 2012,
EPA has taken four primary steps to increase transparency and accountability in
enforcement and compliance. According to EPA documents and officials, these
actions will provide greater access to data under EPA-regulated programs and
make regulated entities more accountable to the public. In this regard, EPA
EPA has not developed a strategic plan to integrate Next Generation Compliance
into its enforcement and compliance program. EPA has prepared some
documents on the initiative and its components, but these documents are general
in nature and provide little specificity regarding EPAs plans related to Next
Generation Compliance. GAO has previously reported that strategic planning for
activities below the agencywide level is a leading practice for successful
agencies. EPA acknowledges the need for an overall plan for Next Generation
Compliance. Developing a plan that incorporates selected leading practices for
federal strategic planning could help EPA more effectively integrate Next
Generation Compliance into its enforcement and compliance program and
promote greater public transparency. Without a strategic plan incorporating these
leading practices, EPA may face challenges in helping to ensure that its initiative
will achieve its long-term goals of improving compliance and obtaining greater
health and environmental benefits from the agencys regulations. Additionally,
without a strategic plan to direct its Next Generation Compliance initiative, EPA
could waste valuable resources, time, and effort. For example, without proper
planning, EPA may pursue emissions monitoring technologies that not all
regulated entitiesespecially the growing numbers of smaller facilitiescan fully
utilize, thereby requiring EPA to rely on costly individual facility inspections with
its limited resources.
Selected Bibliography
98 Environmental Justice
Agency Priorities
Taking action on climate change
Improving air quality
Assuring the safety of chemicals
Cleaning up our communities
Protecting Americas waters
Expanding the conversation on
environmentalism and working for
environmental justice
Building strong state and tribal partnerships
The Plan outlines how each national program and regional office can play a role as we strengthen our
mission to protect the health of all Americans. Through Plan EJ 2014, the EPA is also providing national
leadership on environmental justice issues through its actions and partnerships with other agencies, state
and local governments, and local communities.
This report details our accomplishments in implementing Plan EJ 2014. We have made significant
progress in areas critical to advancing environmental justice, including rulemaking, permitting,
compliance and enforcement, community-based programs and our work with other federal agencies. In
addition, we have enhanced the critical legal, scientific and information tools that help us meet the
needs of communities in our decision making.
I want to thank the many people, both inside and outside of the EPA, who worked tirelessly to bring
about these accomplishments. The success we have seen is a testament to the vision, creativity and
tenacity of many dedicated individuals. Our efforts will go a long way toward building a foundation
for integrating environmental justice in all EPA programs, policies and daily work.
Every American deserves clean air, water and land in the places where they live, work, play and
learn. Through our implementation of Plan EJ 2014, the EPA is leading by example to expand the
conversation on environmentalism and work for environmental justice now and into the future. I have
considered it a great privilege to contribute to this effort.
Sincerely,
Lisa P. Jackson
Administrator
U.S. Environmental Protection Agency
i|Page
RADON PARTNERSHIP
Akinbami, L.J., Mooreman, J.E., Bailey, C., Zahran, H., King, M., Johnson, C., & Liu, X. Centers for Disease Control and Prevention, National Center for Health Statistics.
(2012). Trends in asthma prevalence, health care use, and mortality in the United States, 2001-2010. Retrieved from http://www.cdc. gov/nchs/data/databriefs/db94.pdf
2
Centers for Disease Control and Prevention (2011, May). Asthma in the U.S. Vital Signs. Retrieved February 13, 2012, from http://cdc.gov/vitalsigns
1
11/8/14, 3:12 PM
Department-wide Initiatives
Updates to the EJ Order, May 2012
The DOT EJ Strategy called for the Department to revisit the Departmental Order 5610.2 (Actions to
Address Environmental Justice in Minority Populations and Low-Income Populations) and to make any
necessary revisions and updates since its original publication in April 1997. On May 2, 2012, DOT
published a revised Order 5610.2(a), which continues to be a key component of the Department's
strategy to promote the principles of environmental justice in all Departmental programs, policies, and
activities.
DOT Order 5610.2(a) sets forth the DOT policy to consider environmental justice principles in all DOT
programs, policies, and activities. It describes how the objectives of environmental justice will be
integrated into planning and programming, rulemaking, and policy formulation. The Order sets forth
steps to prevent disproportionately high and adverse effects to minority or low-income populations
through Title VI analyses and environmental justice analyses conducted as part of Federal transportation
planning and NEPA provisions. It also describes the specific measures to be taken to address instances
of disproportionately high and adverse effects and sets forth relevant definitions.
In updating the Order, DOT reaffirms its commitment to environmental justice and clarifies certain
aspects of the original Order, including the definitions of "minority" populations in compliance with the
Office of Management and Budget's (OMB) Revisions to the Standards for the Classification of Federal
Data on Race and Ethnicity of October 30, 1997. The revisions clarify the distinction between a Title VI
analysis and an environmental justice analysis conducted as part of a NEPA review, and affirm the
importance of considering environmental justice principles as part of early planning activities in order to
avoid disproportionately high and adverse effects. The updated Order maintains the original Order's
general framework and procedures and DOT's commitment to promoting the principles of environmental
justice in all DOT programs, policies, and activities.
Environmental Justice Forum, July 2012
On July 17, 2012, DOT hosted a forum on Environmental Justice for transportation practitioners. This
http://www.fhwa.dot.gov/environment/environmental_justice/ej_at_dot/2012_implementation_report/
Page 1 of 10
2013
National Environmental Justice Advisory Council.
Recommendations for Fostering Environmental Justice
for Tribes and Indigenous Peoples (Washington, D.C.:
1999
EPA should seek input and the meaningful involvement and engagement of tribal
and indigenous communities, state-recognized tribes, and other indigenous
stakeholders in the Agencys decision-making processes, pertaining to policies,
projects and activities that may affect them and/or their traditionally used lands,
waters, air and territories.
EPA should comply with its long-standing Indian Policy principles, which has
established sufficient guidance (EPAs 1984 Indian Policy, and Executive Order
12898) for the Agency to work effectively with tribal governments regarding onreservation environmental justice issues.
EPA should continue to recognize and support tribal authority to set
environmental standards, make environmental policy decisions, and to manage
environmental programs, demonstrating respect for internal tribal governmental
affairs.
EPA should elevate the role of Regional Environmental Justice and Tribal
Coordinators/ Liaisons.
EPA should create a standing Indigenous Peoples Environmental Justice
Committee (or standing Subcommittee of the NEJAC) to help advise EPA to
address Environmental Justice concerns.
In 2012, in light of how public participation has evolved over the years, the NEJAC
identified the need to update the 1996 Model Plan. Such revisions were considered
necessary to reflect current needs, concerns, and best practices, and in consideration
of your designation of expanding the conversation on environmentalism and working
for environmental justice as a priority. This update to the 1996 Model Plan, herein
called the Model Guidelines for Public Participation, should complement the
implementation of EPAs Plan EJ 2014, the roadmap intended to help EPA integrate
environmental justice into the Agencys programs, policies, and activities.
Once again, thank you for this opportunity to provide recommendations for enhancing
environmental justice in EPAs programs, particularly the tribal program and Agencys
work with indigenous stakeholders.
Sincerely,
Elizabeth C. Yeampierre
Chair
cc:
NEJAC Members
Robert Perciasepe, EPA Deputy Administrator
Cynthia Giles, EPA Assistant Administrator for Enforcement and Compliance Assurance
Lisa Garcia, EPA Associate Assistant Administrator for Environmental Justice
Heather Case, Acting Director, EPA Office of Environmental Justice (OEJ)
Victoria Robinson, NEJAC DFO, EPA OEJ
02/06/2013: EPA Provides Tools for Sustainable Communities / Smart growth policies can help achieve environmental justice goals
11/8/14, 4:08 PM
http://yosemite.epa.gov/opa/admpress.nsf/0/99A5003DC8454FB585257B0A005BCABC
Newsroom
WASHINGTON The U.S. Environmental Protection Agency (EPA) today released a first-of-its kind report showing how
low-income, minority and tribal communities can apply smart growth land use and development strategies to create
healthy communities, spur economic growth and protect the environment.
The Creating Equitable, Healthy, and Sustainable Communities report describes how low-income, minority, and tribal
communities can employ smart growth strategies to clean up and reinvest in existing neighborhoods; provide affordable
housing and transportation; and improve access to jobs, parks and stores. The report also provides smart growth
practitioners with concrete ideas on how they can better meet the needs of low-income residents as they promote
development or redevelopment in underserved communities.
The way communities are designed and built has an important influence on public health, the quality of our air and water,
and economic vitality, said Michael Goo, associate administrator for EPAs Office of Policy. EPA hopes this report will help
smart growth and environmental justice advocates work together more effectively to achieve the best results possible for
communities."
Historically, environmental justice and smart growth have been viewed as separate interests, yet communities across the
U.S. are showing that they are actually complementary, said Lisa Garcia, associate assistant administrator for EPAs
Office of Environmental Justice. Combining these principles and focusing on equitable development can help communitybased organizations, local planners, and other stakeholders achieve healthy and sustainable communities for all
Americans, regardless of race, ethnicity, or economic status.
Recent additions
11/07/2014 EPA Region 7 to Participate
at National Association of
Farm Broadcasting Trade
Talk Event Nov. 13 in
Kansas City, Mo.
11/07/2014 EPA Grants Support Tribal
Environmental Programs in
the Pacific Northwest and
Alaska
11/06/2014 Subsidiaries of the Worlds
Largest Fertilizer Producer
to Reduce Harmful Air
Emissions at Four Florida
Plants
11/06/2014 Bradford, R.I. Rock Quarry
Agrees to Clean Air Act
Settlement
11/06/2014 Subsidiaries of the Worlds
Largest Fertilizer Producer
to Reduce Harmful Air
Emissions at Three North
Carolina Plants
The report also features case studies on seven communities across the country that have used the strategies described
in the report. These strategies include:
designing safe streets for all users
cleaning and reusing contaminated properties
reducing exposure to facilities with potential environmental concerns
fixing existing infrastructure before investing in new projects
preserving affordable housing
The Creating Equitable, Healthy, and Sustainable Communities report was developed by EPAs Office of Environmental
Justice and Office of Sustainable Communities.
More information about the report: http://www.epa.gov/smartgrowth/equitable_development_report.htm
More information about the Office of Environmental Justice: http://www.epa.gov/environmentaljustice
More information about the Office of Sustainable Communities: http://www.epa.gov/smartgrowth
Receive our News Releases Automatically by Email
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Page 1 of 2
C R E AT I N G E Q U I TA B L E , H E A LT H Y, A N D S U S TA I N A B L E C O M M U N I T I E S
Executive Summary
Communities across the country are integrating
smart growth, environmental justice, and
equitable development approaches to design
and build healthy, sustainable, and inclusive
neighborhoods. Overburdened communities
are using smart growth strategies to address
longstanding environmental and health
challenges and create new opportunities
where they live. Regional and local planners
are engaging low-income, minority, and tribal
residents in decision-making and producing
more enduring development that is better for
people and the environment. Community groups,
government agencies, and private and
4 nonprofit
partners are cleaning up and investing in existing
neighborhoods, providing affordable housing and
transportation options, and improving access to
critical services and amenities.
This informational publication aims to build
on past successes and offer other low-income,
minority, tribal, and overburdened communities
approaches to shape development that responds
to their needs and reflects their values. It
identifies strategies that bring together smart
growth, environmental justice, and equitable
development principles and that communitybased organizations, local and regional decisionmakers, developers, and others can use to build
healthy, sustainable, and inclusive communities.
These are places that provide clean air, water,
and land; affordable and healthy homes; safe,
reliable, and economical transportation options;
and convenient access to jobs, schools, parks,
shopping, and other daily necessities.
The strategies are grouped under seven common
elements, or shared goals and principles that
connect environmental justice, smart growth,
and equitable development. The fundamental
overlap between these concepts is around how
to plan and build neighborhoods to address
environmental, health, and economic disparities
and provide opportunities for low-income,
EXECUTIVE SUMMARY
iv
To gain additional insights and to begin to build partnerships to help implement the Strategy,
the HHS EJ Working Group held the HHS Environmental Justice Stakeholders Implementation
meeting in Research Triangle Park, North Carolina on July 16-17, 2012. Environmental justice
stakeholders from non-profit advocacy groups, universities, and government agencies from
across the country engaged the HHS Working Group in a two-day dialogue. The HHS EJ Working
Group drew upon the comments made by participants to guide further implementation efforts.
As a result of stakeholder comments, HHS has worked to foster greater partnerships with its
stakeholders, including the occupational health community and Native American Tribes.
Ensure Interagency and Intra-agency Coordination
The Office of the Assistant Secretary for Health (OASH) is responsible for coordinating and
implementing a wide array of interdisciplinary programs within HHS and ensures that HHS
works in concert with its Federal partners, including the Federal EJ IWG. OASH staff lead the
HHS EJ Working Group, and coordinate its subcommittees and groups. Bi-weekly meetings of
the Working Group provide time for sharing information and new approaches, identifying
opportunities for collaboration, and updating progress toward advancing the actions of the
Strategy. HHS EJ Working Group members are responsible for coordinating and reporting on
activities related to environmental justice within their agencies. The HHS EJ Leadership Advisory
Group, which includes senior leadership from throughout HHS, provides guidance to the overall
HHS environmental justice effort.
OASH staff also represent HHS on the Federal EJ IWG and coordinate appropriate
representation on EJ IWG activities, including monthly EJ IWG meetings, regional or local
stakeholder meetings and EJ IWG workgroups on goods movement, Title VI of the Civil Rights
Act of 1964, National Environmental Policy Act (NEPA) and other environmental justice topic
areas. An accounting of the Federal EJ IWG activities is discussed in a later section of this report.
Establish and Implement Accountability Measures
The 2013 Implementation Progress Report documents HHSs progress in implementing the EJ
Strategys actions in two ways. First, the body of the report highlights specific completed
actions that are related to the 2012 HHS Environmental Justice Strategy.
Selected Bibliography
2008
David A. Bositis. Joint Center National Survey Results: African Americans
Respond to Global Warming (Washington, DC: Joint Center for Political
and Economic Studies, 2008).
The report concludes that while most African Americans do not believe
global warming is one of the most pressing national problems the
United States confronts, there is widespread recognition of the problem
of global warming among them, and a strong belief that the federal
government should take steps to deal with it.
Houston Department of Health and Human Services.
The City of Houston Health Disparities Data Report (Houston,Texas:
Houston Department of Health and Human Services, 2008).
This health disparities data report is not intended to be a definitive
explanation of how social inequities such as poverty or racism lead to
differences in health outcomes. However, it is meant to highlight some
factors related to the health of racial/ethnic groups and identify potential
underlying causes. This report is the first in a series designed to foster
concrete and actionable change.
Foreword
1
We call on all members of society to
join us in a global movement that will
help build a world t for children through
upholding our commitments to the
following principles and objectives
Protect the Earth for children. We must
safeguard our natural environment, with
its diversity of life, its beauty and its
resources, all of which enhance the quality
of life, for present and future generations.
We will give every assistance to protect
children and minimize the impact of
natural disasters and environmental
degradation on them.
A World Fit for Children, 2002,
para. 7, section 10, UN General Assembly
Special Session on Children, 2002
22
C I T Y O F H OUS TO N H EA LTH D I S P A R I T I E S D A TA R E P O R T
PAGE 1
Overview
Health disparities are differences in health conditions that exist between
specific population groups, resulting in one group having a disproportionate
burden of disease, disability, or premature death. These population groups
can be defined through different demographic measures, such as
geography, gender, age, sexual orientation, socio-economic status, or race/
ethnicity. Since evidence shows that health disparities among race/ethnic
groups correlate with differences in other socio-economic factors, in this
report, we will focus on health disparities based on race/ethnicity.
Since race is a social construct rather than a biological one, health
disparities are not the result of differences in genetic factors either. Instead,
racial disparities in health are the result of social factors that create
inequalities among different racial/ethnic groups. These factors include
poverty, unemployment, education, safe and affordable housing, health care
access, transportation, discrimination, and racism.
Health disparities affect everyone, not just populations which are
economically and socially disadvantaged. Not only are health disparities
unjust, they affect economic productivity and drive up the cost of health care
for everyone. Therefore, eliminating health disparities will help to create
healthy, productive, and economically viable communities. Moreover,
demographic trends show that racial/ethnic groups which experience poorer
health will continue to grow and make up a larger proportion of the total
Houston and U.S. population in the future. Thus, addressing health
disparities has become both a local and national priority, as the interconnection affects us all.
Addressing health disparities requires a shift in thinking: rather than focusing on changing individual behaviors, the focus will shift to altering conditions at
the community level that influence health. The elimination of health disparities requires multidisciplinary
action and partnerships to address social and environmental factors in order to create safe and healthy
neighborhoods in Houston.
The Houston Department of Health and Human Services (HDHHS) hopes this report can be used to
highlight and identify disparities which exist and also
serve as a useful planning tool. The idea is to help
guide the creation of public policies and efficient use
of resources to transform living conditions in order to
build healthier communities benefiting everyone.
Introduction
CONTENTS
6. African Americans Are Less Responsible for Global
Warming
7. Disparities at the Global Level
8. Vulnerability to Energy Price Increases
9. Notes
2%
Synthetic gases
8%
Nitrous oxide
5%
Methane
Other CO2
Burning fossil fuels
78%
Source: EPA, Inventory of Greenhouse Gas Emissions and Sinks: 1990-2006 (2008)
A Climate of Change
Dead link
disasters; tropical storms like Katrina and Rita; and
economic disruption of various sorts. The report also
describes the essential elements of a just domestic climate
policy. It finds, first, that specific policies to promote
racial and economic justice are essential to achieving
cuts in global warming pollution that are rapid, efficient,
fair, and equitable.
Serena W. Lin. Understanding Climate Change: An Equitable
Framework (Oakland, CA: PolicyLink, 2008).
Climate change ultimately affects all of us, and the most
vulnerable populationsnationally and globally, will bear
the brunt of this crisis if action is not taken. This paper
does not purport to explain climatology or provide an
link This report
in-depth description of climate Dead
chemistry.
contributes to a deeper understanding of the issues and
to encourage everyone to participate in the discussion
and to weigh in on proposed solutions.
status, race/ethnicity, and geography (rural and nonrural). The report serves as a reminder and a challenge
that much more needs to be done in order to address
public health issues in Virginia. Their ultimate success
is to reduce health inequities and achieve more
equitable access and outcomes that depend on strong,
action-oriented partnerships with individuals, families,
neighborhoods, organizations, cities, countries, and other
important stakeholders, throughout the Commonwealth.
2009
Equity, 2009).
One unique aspect of this work is that we track
the pollution not just to the smokestacks but to the
companies that own them. Many firms are aware of their
impacts on communities and the environment, and many
have adopted strategies for becoming better corporate
citizens.This report aims to contribute to these efforts by
presenting a new measure of performance and whether
Milestones and Accomplishments 103
1
Background
The Virginia Health Equity Report represents a one-year snapshot of vital events data taken from
the birth and death certificates of Virginias population and stratified by socioeconomic status,
race/ethnicity, and geography (rural and non-rural). Previously, this report focused specifically
on the health of racial and ethnic minority populations. This year is the first step towards a
report that presents data on the current status of health inequities in the Commonwealth and
monitors progress towards their elimination. The primary addition to the report is Geographical
Information System (GIS) and spatial analysis data that demonstrate the distribution of health
inequities and the related social and economic factors that underlie their existence. The report
also presents the spatial distribution of mortality and morbidity.
The vital events data within this report include births, natural fetal deaths, induced terminations,
teen pregnancies, infant deaths, leading causes of death, and selected cancer deaths. While not
intended to be a comprehensive analysis, this report provides a valuable summary of the health
status of Virginias diverse populations.
Introduction
The Virginia Department of Health (VDH) continues to improve the health information available
to Virginias policymakers, health care providers, consumers, and researchers in the
Commonwealth. These actions are consistent with the primary public health goals related to
assessment, data analysis, and evaluation. They also respond to the demand for accurate and
reliable health information, and help to determine a true picture of the health and wellness of
Virginias 7.6 million residents. This data is vital in community efforts to eliminate health
inequities that exist among low socioeconomic (SES), rural, and racial and ethnic minority
populations in the Commonwealth.
In the early 1990s, the State Health Commissioners Minority Health Advisory Committee
recommended that Virginia health statistics be collected and reported by racial and ethnic
groupings, with particular focus on minority populations. These minority populations include
the races Black/African-American (used interchangeably throughout the report), Native
American/American Indian, and Asian/Pacific Islander, and the ethnicity Hispanic/Latino (used
interchangeably throughout the report). The enhanced data sets would improve the
documentation of health statistics for all Virginians, and provide the critical measurements for
evaluating health outcomes for the states diverse populations. In 1995, the department
responded with the first Virginia Minority Health Data Report that provided vital statistics
(birth, fetal death, death) data for the four minority groups. Information on Whites was provided
for comparative purposes.
This tenth edition of the report covers the 2006 calendar year. It provides vital statistics data by
minority group for each health district (and city/county) within Virginia. Beginning this year,
the report will also focus on the health of other socially disadvantaged populations in Virginia,
most notably those of low socioeconomic status (SES), rural populations, and potentially other
disadvantaged groups in the future. In addition to making comparisons to the White population,
comparisons are also made by SES (primarily using data on educational attainment, income, and
area-based analyses of census tract poverty) and geographic residence (urban, rural, and
This report does not represent the views or policies of Hastings College of the Law, its Board of Directors
or its faculty, or the American Bar Association, any of its sections, or its Board of Governors.
This report does not represent the views or policies of Hastings College of the Law, its Board of
Directors or its faculty, or the American Bar Association, any of its sections, or its Board of
Governors.
Preface
This study represents an ongoing collaboration between UC Hastings College of the Law
and the American Bar Association, to maintain a comprehensive and up to date survey of
state environmental justice laws, policies and cases. Our goal is to present community
members, environmental law practitioners, industry leaders, regulators, academics and
others with the breadth of regulatory and policy techniques that the fifty states and the
District of Columbia have developed to pursue environmental justice. We do not hold out
any initiative as a best practice, nor do we assess the success of any state's program. We
believe, however, that this compilation of state responses can serve as a reference point as
to which techniques have become customary, which innovations have newly entered the
regulatory arena, and which practices are no longer in use.
Trends
You will note that this study is lengthier than previous editions states continue to
innovate in tackling environmental justice issues and the range of approaches is growing,
showing that this area of law and policy continues to mature. Community participation
and education mechanisms, as in years past, represent the most prevalent techniques of
addressing environmental justice concerns. Substantively, permitting and facility siting
decisions remain a major focus for state rules and programs. However, in a departure
from initiatives identified in our prior studies, a growing number of states, Maryland for
example, are using land use planning techniques such as buffer zones, to improve
environmental conditions, reduce potential health risks, and prevent environmental
degradation in at-risk communities.
In addition, several states have begun addressing global climate change, and a few of
those states California, for example specifically reference environmental justice
concerns in their climate change initiatives. Californias 2006 climate change bill (AB
32) established an environmental justice-climate change advisory committee, which has
participated in the debate about how different implementation approaches will affect
Environmental Justice (EJ) communities. 1
We have noted an increase in the number of states pursuing positive collaborative,
problem-solving approaches or economic incentives to address environmental justice.
For example, several states account for environmental justice in brownfields grant
programs and public private partnerships.
A final noteworthy thread is that many states have environmental enforcement policies
that seek to address environmental justice issues. For example, we found at least seven
states that incorporate environmental justice into Supplemental Environmental Projects
In this study, reflecting discrepant state nomenclature, we use a variety of terms to refer to the
communities that may be disproportionately affected by environmental hazards. These terms include:
environmental justice communities, EJ populations, environmentally burdened communities, marginalized
communities, poor people, the urban poor, and poor communities of color.
iv
FOREWORD
In recent years, Americans have become increasingly concerned about our environment. With climate change
threatening the planet, dirty air triggering asthma, and industrial pollutants causing cancer, the nation is more
motivated than ever before to take a hard look at the problems we face and seek new approaches that can better
secure the future of the planet and the health of our communities.
3
One of the first steps in that process is gathering the information that can help frame the challenge and steer us
to positive solutions. This report, one of the first efforts based on a new database on industrially-generated toxic
air, attempts to do just that. Along the way, we examine not only the level of pollution but also who is being
polluted. As with so many other environmental hazards, it turns out that the problems are disproportionately
borne by low-income communities of color.
One unique aspect of this work is that we track the pollution not just to the smokestacks but to the companies
that own them. Many firms are aware of their impacts on communities and the environment, and many have
adopted strategies for becoming better corporate citizens. This report aims to contribute to these efforts by
presenting a new measure of performance: whether companies are having a particularly high and disparate
impact on disadvantaged communities.
This work has been the product of many hands not that it made the work that much lighter and even
more eyes. For having the faith to fund the larger project from which this stems, we thank Michelle De Pass
and the Ford Foundation. For helping us think through data issues inherent in our calculations, we gratefully
acknowledge our colleagues Nick Bouwes, Paul Mohai, Rachel Morello-Frosch, Rich Puchalsky, and Jim Sadd.
For working with us to make our message more, well, understandable, we thank Michelle Mulkey and Fenton
Communications. And for reviewing our early research and making suggestions for change, we thank our
colleagues in the environmental justice movement who work hard every day to secure healthy neighborhoods
for all Americans.
Selected Bibliography
This report discusses that global warming will bring more extreme heat
waves. By the 2080s and 2090s, many parts of the country will have more
than two months each year with100-degree weather if global warming
emissions are not curbed. Urban air pollution will be exacerbated by
more extreme heat, compounding the health effects on hot days and
forcing some cities to take even more aggressive steps to meet federal
ozone standards.
2010
Robert D. Bullard, Glenn S. Johnson, and Angel O.Torres. The State of
Black Atlanta: Exploding the Myth of Black Mecca (Atlanta: Environmental
Justice Resource Center at Clark Atlanta University Report Series,
2010).
In 2010 Summit organizers from Clark Atlanta University-Environmental
Justice Resource Center commissioned working papers from top Atlanta
leaders in academic, public health, business, media, and local community
based organizations with the goal of impacting public sector policies
104 Environmental Justice
Dead link
around health, environmental justice, civil rights and
human rights, transportation and land use, housing
and home ownership, wealth creation and business
development, equitable development, education,
food security, and parks and green access in Atlantas
underserved communities. This report represents a
synthesis of challenges, barriers, and opportunities facing
Black Atlanta.
Department, 2010).
Montana, 2010)
Selected Bibliography
Dead link
1
fact that many decades of carbon emissions in richer parts of the world have led
to global warming and caused severe climate impacts in the poorest countries.
We must hold governments accountable for putting into practice well-established
principles such as the requirement that polluters pay for the environmental damages
they cause.
The concept of Climate Justice also recognizes that the worlds poorest
countries have contributed least to the problem of climate change and
acknowledges that although we all have responsibilities to act, because the worlds
richest economies have contributed and continue to contribute most to the problem,
they have a greater obligation to take action and to do so more quickly. That must
include providing support to developing countries on a scale that not only ensures
they avoid environmentally damaging economic development patterns of the past
but also enables them to meet their current and projected energy needs.
Government leaders have acknowledged their responsibility to work together
towards social justice and protection of the environment. They have signed treaties
and declarations in which they agree to cooperate to protect the climate system and
to ensure respect for fundamental human rights. Yet the challenge of climate change
makes clear that we must define more precisely what international obligations entail,
when they are triggered, and what factors condition our responses.
As a contribution to ongoing effort to shape a shared agenda for
Climate Justice, the Global Humanitarian Forum has worked with a range
of organizations and individuals to develop these Key Points on Climate
Justice. They reaffirm that the benefits and burdens associated with
climate change and its resolution must be allocated in an equitable way.
I commend this document as a valuable guide for all who are working to
make Climate Justice a reality.
Mary Robinson, President and Founder,
Realizing Rights: The Ethical Globalization Initiative
Introduction
Increasingly unpredictable weather is having a severe impact on people and
communities worldwide. We now know that climate change constitutes a serious
humanitarian concern and a growing threat to socio-economic development, in
particular for the worlds poorest communities. These people, already the most
vulnerable, contribute least to global emissions of gases that are the principal
cause of climate change. They have the fewest mechanisms of protection available
and the least means to cope.
However, the poor are not alone in facing the threat of climate change. If
emissions of greenhouse gases worldwide continue to intensify, todays dangerous
situation will become catastrophic for the entire planet and for all societies. Billions
of people are now vulnerable to the indiscriminate impacts of climate change,
and significant, immediate and sustained emissions reductions are an urgent
priority. Those who already suffer or will suffer from the impacts of climate change,
especially the poor, require support in order to adapt to environmental changes.
As the Universal Declaration of Human Rights affirmed more than 60 years
ago, every human being is born free and equal in dignity and rights. Yet within the
shared biosphere of our planet, the limited resources available to human society
have been unequally consumed. The mass consumption of fossil fuels by some
has led to a changing climate for the entire planet.
As a global community, we can act together. Efforts to ensure respect for
human rights in the 21st century should include protecting the habitat in which
human beings coexist. Ultimately, shared concern and commitment to the planet
we inhabit and to our neighbours both near and far should be a unifying force.
The following Key Points on Climate Justice are intended to serve as
principles to guide policy and action on climate change.
W I L D L I F E
F E D E R AT I O N
2 0 0 9
Global warming is making hot days hotter, rainfall and flooding heavier,
storms stronger, and droughts more severe. These will be the most visible
impacts of global warming in our everyday lives and will have grave
implications for public health and social justice. Indeed, our urban
infrastructure, flood protection measures, emergency management
strategies, and agricultural systems were all developed based on past
experience with extreme weather. But, with global warming pushing these
extremes beyond their historical limits, we can no longer plan for the
future based on past climate conditions.
We are already seeing these impacts across the nation. The long-term
warming trend is undeniable: according to NASA, the ten warmest years
on record globally all occurred within the 12-year period 1997-2008.1
Weather and climate disasters are becoming more common and more
expensive in the United States. In the 1980s a billion-dollar weather
disaster was relatively rare. The last decade has seen multiple billiondollar disasters each year.2
Some people are more vulnerable than others to intensifying weather and
climate extremes. Underserved communities and people who are old,
young, or already sick are at greatest risk. Hurricane Katrina is a prime
example: the poor and elderly lost the most because of where they lived
and their limited ability to get out of harms way. About 310,000 African
Americans living in New Orleans were displaced by flooding or damage, a
significantly larger proportion than any other group.3
FEMA/illinoisphoto.com
Report
Number of Billion-Dollar
Weather and
Climate Disasters
(1980-2008)
21-30
13-20
7-12
1-6
SOURCE: National Oceanic and
Atmospheric Administration
Number of people
indicating one or more
races including Black or
African American
(2008)
Hilary O. Shelton
Senior Vice President for
Advocacy and Director of the
NAACP DC Bureau
1,000,000 to
3,363,000
100,000 to 999,999
Heat Waves
15,000 to 99,999
5,378 to 14,999
Flickr: tlh3rd
Jerome Ringo
President of the Apollo Alliance
Former Chair of the National Wildlife
Federations Board of Directors
Resident of Lake Charles, Louisiana
ACKNOWLEDGEMENTS
This report was jointly produced by Causa Justa :: Just Cause (CJJC) and the Alameda County
Public Health Department (ACPHD). Many individuals and organizations contributed thoughtfully, tirelessly, and wholeheartedly to its development. We especially acknowledge and thank
all the East and West Oakland residents who shared their personal insights and experiences
through the door-to-door survey and one-on-one interviews. The foreclosure crisis has deeply
impacted many of these residents, and it is their voices and stories that we seek to underscore
and augment
in this report.
Authors
Dawn Phillips, Program Director, CJJC
Robbie Clark, Housing Rights Lead Organizer, CJJC
Tammy Lee, Community Epidemiologist, ACPHD
Alexandra Desautels, Local Policy Coordinator, ACPHD
Contributors
388 residents of East and West Oakland neighborhoods
Kimberly Isaac, CJJC member since 2000 and West Oakland resident
Karen Mims, CJJC member since 2009 and East Oakland resident
Maria Ramirez, CJJC member since 2009 and East Oakland resident
Joan Phillips, CJJC member since 2010 and East Oakland resident
Photo Credits
David Velasquez, CJJC Intern
Tatiana Randal, CJJC Intern
Amber McZeal, Oakland Housing Organizer, CJJC
Report Funder
The California Endowment
The
California
Endowment
REDUCING
ENVIRONMENTAL
CANCER RISK
What We Can Do Now
Suzanne H. Reuben
for
The Presidents Cancer Panel
April 2010
Executive Summary
Despite overall decreases in incidence and mortality, cancer continues to shatter and
steal the lives of Americans. Approximately 41percent of Americans will be diagnosed
with cancer at some point in their lives, and about 21percent will die from cancer. The
incidence of some cancers, including some most common among children, is increasing
for unexplained reasons.
Public and governmental awareness of environmental influences on cancer risk and
other health issues has increased substantially in recentyears as scientific and health
care communities, policymakers, and individuals strive to understand and ameliorate
the causes and toll of human disease. A growing body of research documents myriad
established and suspected environmental factors linked to genetic, immune, and
endocrine dysfunction that can lead to cancer and other diseases.
Between September 2008 and January 2009, the Presidents Cancer Panel (the Panel)
convened four meetings to assess the state of environmental cancer research, policy, and
programs addressing known and potential effects of environmental exposures on cancer.
The Panel received testimony from 45 invited experts from academia, government,
industry, the environmental and cancer advocacy communities, and the public.
This report summarizes the Panels findings and conclusions based on the testimony
received and additional information gathering. The Panels recommendations delineate
concrete actions that governments; industry; the research, health care, and advocacy
communities; and individuals can take to reduce cancer risk related to environmental
contaminants, excess radiation, and other harmful exposures.
EXECUTIVE SUMMARY
Because addressing climate change involves using less energy and using it more wisely, it can allow
services that the public demands to be maintained in tough economic times and prevent undesirable
and forced choices to be made.
Missoula is not alone in recognizing that taking action as a community can improve fiscal well-being
as well as benefitting the local economy and enhancing quality of life. However, to be effective, efforts
require careful analysis and planning. This report seeks to assist in that regard by methodically carrying
out the first of five steps for local governments to achieve emission reductions under the U.S. Conference
of Mayors Climate Protection Agreement: conducting a greenhouse gas (GHG) emissions inventory of
municipal operations.
Specific goals of this report are:
1. To present a baseline greenhouse gas emissions inventory for the City of Missoula that
quantifies total energy use and associated emissions for municipal operations.
2. To identify major sources of municipal GHG emissions and relative contributions within
and among the various sectors examined.
R A C E , E T H N IC I T Y
1
This study was conducted by the Yale Project on Climate Change and the George Mason University
Center for Climate Change Communication. It was funded by the Surdna Foundation, the 11th Hour
Project, the Pacific Foundation, and the Robert Wood Johnson Foundation. The race and ethnicity
analysis was supported by the Natural Resources Defense Council.
Principal investigators:
Anthony Leiserowitz, PhD
Yale Project on Climate Change
School of Forestry and Environmental Studies, Yale University
(203) 432-4865
anthony.leiserowitz@yale.edu
Karen Akerlof
Center for Climate Change Communication
Department of Communication, George Mason University
(703) 282-1289
kakerlof@gmu.edu
Cite as: Leiserowitz, A. & Akerlof, K. (2010) Race, Ethnicity and Public Responses to Climate
Change. Yale University and George Mason University. New Haven, CT: Yale Project on Climate
Change. http://environment.yale.edu/uploads/RaceEthnicity2010.pdf
2
The climate change movement still remains highly homogenous by race and class and significantly by
gender in its leadership. Even in 2009, climate briefings held across the country consistently feature
mostly male and all-white casts. Like other pockets of environmental and conservation movements,
climate change still suffers from the perception, and arguably the reality, that it is a movement led by
and designed for the interests of the white, upper-middle class. Many people erroneously believe that
interest in environmental issues is dependent on race, education, and class. To the contrary, growing
numbers of people of color working in the environmental field and public polling demonstrate that
reality often differs from conventional assumptions. Angela Park1
In this report we examine American public support for climate change and energy policies among
different racial and ethnic groups. We find that in many cases, minorities are equally as supportive,
and often more supportive of national climate and energy policies, than white Americans.
3
Introduction
As the United States becomes increasingly diverse over the first half of the twenty-first century2,
understanding the viewpoints of people of different racial and ethnic groups on climate change is
becoming ever more important. This report provides an analysis of the global warming and energy
policy preferences of both the overall American public and of particular racial and ethnic groups,
based upon an October and November 2008 nationally representative survey of American 2,164
adults. A follow-up survey of 1,001 respondents in December 2009 and January 2010 (see Survey
Methodology, p. 18) is also discussed.
The impacts of climate change are likely to be felt disproportionately by those who face
socioeconomic inequalities.3 In the United States this includes many Hispanics, African Americans
and other racial and ethnic groups who are likely to be more vulnerable to heat waves, extreme
weather events, environmental degradation, and subsequent labor market dislocations.4 Climate and
energy policies that limit greenhouse gas emissions can often help reduce these impacts and improve
the health of all Americans by decreasing other concomitant air pollutants and increasing
opportunities for active and less carbon intensive lifestyles. These reductions are of great benefit to
low-income and minority communities since many suffer greater impacts from air pollution and as a
result will have the most to gain from policies that will improve air quality. Economic opportunities
for low-income and minority communities are also forecast to improve access to green jobs and
grow the green economy.5
4
LIST OF CONTRIBUTORS
Authors
Linda Mazur
Carmen Milanes
Karen Randles
David Siegel, Ph.D.
Integrated Risk Assessment Branch,
Office of Environmental Health Hazard Assessment (OEHHA)
Reviewers
George Alexeeff, Ph.D., DABT, Deputy Director for Scientific Affairs, OEHHA
Allan Hirsch, Chief Deputy Director, OEHHA
Joan Denton, Ph.D., Director, OEHHA
Andrew Altevogt, Cal/EPA Office of the Secretary
Marian Ashe, Cal/EPA Office of the Secretary
EXECUTIVE SUMMARY
In 2009, the California Environmental Protection Agencys (Cal/EPA) Office of the
Secretary requested the Office of Environmental Health Hazard Assessment
(OEHHA) to develop indicators describing the disproportionate impacts of climate
change on environmental justice communities. These indicators will help
Cal/EPA examine potential environmental justice concerns associated with
climate change.
8
Evidence is emerging that some of the projected impacts of climate change on
9
human health and well-being are already occurring. Some of these impacts may
disproportionately affect those who are socially or economically disadvantaged,
and hence represent environmental justice concerns.
This report presents four indicators that help track trends relating to the
disproportionate impacts of climate change on these communities. The
indicators chosen were selected based on evidence that: (1) the impacts of
climate change are already occurring (rather than projected to occur based on
future climate scenarios); and (2) disparities exist among socioeconomic or
racial groups in either the degree of exposure to a hazard, or the capacity to take
action to reduce exposures or minimize adverse outcomes. The indicators are
summarized in the text box below.
THE INDICATORS
Air conditioner ownership and cost
Low-income individuals and families
are less likely to live in homes with air
conditioning. Moreover, electricity
costs for cooling are a greater
proportion of their household income
compared to more affluent households.
Vulnerability to wildfires
The rural poor living at the wildlandurban interface may have less capacity
and resources to take measures to
prevent and fight wildfires and to
recover following a fire. Indicators that
integrate information about fire threat
and about community capacity will help
track vulnerability to wildfires.
-i-