The Environmental Justice Project - The Lawyer's Committee for Civil Rights Under Law - News Feed

EPA Supports Superfund "Polluter Pays" Provision

Tue, 22 Jun 2010 00:00:00 -0700

The Lawyers' Committee is pleased by the EPA's June 21st announcement supporting the reinstatement of the Superfund Tax. In our 2008 report, Protecting Vulnerable Coastal Communities: Meaningful Political Action and Strategies for Environmental Justice After Hurricanes Katrina and Rita, the Lawyers' Committee recommended that Congress reinstate this tax. According to a 2006 U.S. PIRG press release, since 2004 taxpayers had $3.8 billion to clean up after polluters.

Hazardous waste sites are disproportionately located in communities of color and low-income communities. They bear the unfair burden of toxic pollution and the resulting health and economic costs. They should not ever be forced to pay for the wrongdoing of others. The Superfund Tax will hold polluters accountable for cost of cleaning up these hazardous sites and protecting our communities.

Click here to read the EPA's June 21st press release.

Click here to read Protecting Vulnerable Coastal Communities: Meaningful Political Action and Strategies for Environmental Justice After Hurricanes Katrina and Rita.

EPA and States Complete First Phase of Unprecedented School Air Monitoring Initiative

Thu, 10 Jun 2010 00:00:00 -0700

In a June 10 press release, the Environmental Protection Agency (EPA) announced the completion of the first phase of a new initiative to test air quality in schools. The Lawyers' Committee highlighted the importance of access to healthy schools, particularly for students from low-income communities and communities of color, in its newly released environmental justice report, "Now Is the Time." According to the press release, the EPA has tested air quality at 65 schools since March 2009. The agency unveiled analyses of testing results from two schools, one in Indiana and one in Minnesota, finding that continued testing at those sites was not necessary as levels of toxics in the air were not high enough to pose a risk to student health.

Click here to view the EPA's June 10 press release.

Click here to access "Now Is the Time," the Lawyers' Committee's newly released environmental justice report.

Lawyers' Committee Releases Environmental Justice Report

Wed, 09 Jun 2010 00:00:00 -0700

As the nation continues to grapple with the recent disastrous Gulf Coast oil well leak, the largest environmental disaster in the history of the U.S., the Lawyers' Committee for Civil Rights Under Law, in collaboration with numerous environmental justice advocates, is preparing to officially release its report, "Now is the Time: Environmental Injustice in the U.S. and Recommendations for Eliminating Disparities." The purpose of the report, presented to the Obama Administration and its various agencies, including the Environmental Protection Agency and the Department of Justice, outlines recommendations on how the Administration can effectively utilize existing law to eliminate disparities in environmental protection and the agencies can fulfill their responsibilities under Executive Order 12898, "Federal Actions To Address Environmental Justice In Minority Populations And Low-Income Populations."

The report is far-reaching and incorporates the work of the environmental justice community over the past 10 years. The Lawyers' Committee and the environmental justice community view the report as an important step in an ongoing dialogue with the Administration, federal agencies and members of Congress to effect necessary environmental policy changes, especially in communities of color and low-income and indigenous communities disproportionately burdened by environmental hazards nationwide.

Key recommendations include:

The Environmental Protection Agency (EPA) should emphatically and resolutely embrace a strong definition of environmental justice grounded in the central tenet that environmental justice is the prevention, reduction and elimination of the known disproportionate environmental burdens primarily on people of color, indigenous, and low-income communities.
EPA should make full use of existing legal authority to address environmental assaults on people of color, indigenous, and low-income communities.
DOJ should develop guidelines for Title VI compliance in the context of emergency preparedness and emergency response for recipients of federal funding.
Reinstatement of the superfund tax on chemical and petrochemical manufacturers through congressional reauthorization of the Superfund tax.
The Administration should ensure that any carbon trading market is properly regulated to address and redress co-pollutant issues that are known to co-exist with the establishment of carbon markets and should prepare climate change disaster mitigation programs specifically for residents of urban, indigenous, low-income and environmental justice communities.
EPA should set federal guidelines for state and local schools agencies on indoor air quality in schools, integrated pest management, school chemical cleanouts, drinking water, school design, asbestos, PCBs in caulking, molds, comprehensive building inspections, and how pediatric environmental health specialty units (PEHSUs) can work with state health agencies on on-site investigations.
The Department of Education should endorse the EPA Model School Siting Guidelines and require all recipients of federal assistance to comply with it.
Eighty percent of the funding from the Surface Transportation Authorization Act should be committed to public transit, 20 percent to highway and road maintenance rather than new road construction. Under the Surface Transportation Authorization Act of 2009/10, a minimum of 50 percent of the entire Act's allocation for transit should be dedicated to operating purposes, with at least half of that restricted to bus operations.
Strengthen regulation of emissions from concentrated animal feeding operations, such as ammonia, hydrogen sulfide, and volatile organic compounds emissions. The Administration should ensure that rural areas are provided with adequate water and sewer services by working with local agencies and ensuring vigorous enforcement of the Safe Drinking Water Act in rural and semi-urban communities.

To view the full report, please click here.

Daria Neal Discusses Upcoming Environmental Justice Report

Fri, 14 May 2010 00:00:00 -0700

Daria Neal joined Laura Baker, U.S. Environmental Protection Agency, and Ryan Jackson, Columbia University, during an afternoon session of Howard University's "The State of Environmental Justice in America" Conference on May 13, 2010 to discuss environmental justices issues, strategies and recommendations.

Ms. Neal previewed the Lawyers' Committee's upcoming Environmental Justice Report, “The Time is Now: Implementation of Environmental Justice Policy In the Obama Administration, ” which, done in collaboration with numerous environmental justice advocates, outlines recommendations on how the Administration can effectively incorporate environmental justice into its policies, as required by Executive Order 12898, “Federal Actions To Address Environmental Justice In Minority Populations And Low-Income Populations.” The report is far-reaching and incorporates the work of the environmental justice community over the past 10 years. The report, soon to be released, is a first step in an ongoing dialogue the environmental justice community seeks to have with the Administration.

Lawyers' Committee's Daria Neal Reports from Climate Change Summit in Copenhagen

Thu, 17 Dec 2009 00:00:00 -0800

Daria Neal, senior counsel, Lawyers' Committee for Civil Rights Under Law's Environmental Justice Project, is on the ground in Copenhagen during the United Nation's Climate Change Summit. Daily blogs outlining her experiences will be posted here.

Questions and comments, may be e-mailed to Ms. Neal at dneal@lawyerscommittee.org. Please note that some questions and/or comments may be posted on the Lawyers' Committee's Web site. Additionally, Ms. Neal's postings will also appear on the Lawyers' Committee's Facebook page. Please fan the Lawyers' Committee and dialogue with Ms. Neal via that platform as well.

Wednesday, December 16, 2009
Greetings from Copenhagen:

Today I tried to get into the Bella Center to no avail, not surprisingly. Just days before, thousands of registered participants either did not get in or waited hours to do so. Today, bus and trains were running all the way to the Bella Center. Hundreds of protesters tried to gain access, only to be subjected to pepper spray and physical assaults at the hands of the Politi. Heads of State will be participating during the next two days. Given the challenges of the past few days, many are planning to attend Klimaforum09, the People's Climate Summit.

I went to Klimaforum09 this afternoon; and it truly is the people's summit. We can't ignore the current impacts on people. Activists from all over held talks about the impact of transit on global warming, climate change burdens in Southern Africa as well as its implications for human migration and displacement.

In the evening, I attended the Alliance for Climate Protection's reception. Al Gore's remarks were stirring. He reminded us that the future of humanity is at stake. This is not an issue that can or should be negotiated based on political whims. He spoke of the benefit of the COP15 forcing the discussion and serving as a deadline for action. He challenged the U.S. Congress to pass a climate bill by the 40th anniversary of Earth Day, April 22.

The day ended with a meeting coordinated by the Black Women's Roundtable. Approximately 15 women from India, Kenya, Cameroon, Germany and the U.S. spoke about our collective work and the impact of climate change on women. From walking further to get water, because the water source relied upon for generations had dried up to finding crop growth diminished, women see and experience the effects of global warming firsthand. We pledged to work together to continue to shine the light on the toll climate change is currently taking and will continue to take on human health and survival.
-Daria Neal

Thursday, December 17, 2009
Thursday brought cold winds and no progress in reaching an agreement. A group of U.S. climate justice activists organized a protest outside the U.S. Embassy urging President Obama to invest significant funds to combat the climate crisis and work toward real solutions at COP15.

With numerous COP15 observing NGOs essentially blocked out of the Bella Center, many spent Thursday at the Klimaforum watching the talks televised live. Klimaforum convenings continued, focusing on a wide range of issues including the problems with nuclear power, the impact of climate change on women and the role of broadcasters in highlighting climate change.

As many reading this will know, U.S. Secretary of State Hillary Clinton has pledged that the U.S. will work with other nations to provide $100 million to developing nations (i.e., poor countries) to address the impact of climate change on their countries. Big questions linger, however: where will the money come from and what commitments will developing nations be forced to make to receive the funds? Additionally, this "commitment" along with that of the EU to provide $3.6 billion is viewed as inadequate and fails to establish longterm financing to developing nations.

The issue here is one not so uncommon within the U.S.: those that are least responsible for environmental pollution and the resulting climate change bear the greatest burden. As a nation, and yes, world citizens, do we not have an obligation to clean up the mess we created and support those who are injured by our actions? The negotiations have broken down because no one is willing to truly take responsibility. A discussion focused on limiting pollution and not eliminating pollution does not acknowledge the duty we have to ourselves and our fellow human beings.

A U.S. Congressional delegation headed by U.S. House Speaker Nancy Pelosi arrived Thursday, including three Congressional Black Caucus Members: Chairman Charles Rangel (D-NY), Committee on Ways and Means, Congressman G.K. Butterfield (D-NC), Committee on Energy and Commerce and Congressman Emanuel Cleaver (D-MO), Select Committee on Energy Independence and Global Warming.

The BlueGreen Alliance hosted a Labor and Environment Reception, which highlighted the unity between labor unions and environmental groups in addressing environmental pollution while at the same time preserving and creating jobs. The reception was well attended by union members, environmental advocates and elected officials from Canada and the U.S.

Finally, I ended my day with a wonderful dinner hosted by the Environmental Justice and Climate Change Initiative at a local Caribbean restaurant. About 40 of us from all over the United States, new and veteran environmental justice advocates, came together not just to eat, but to also discuss COP15 and the work still to be done to address environmental justice in the U.S. and internationally. The educators of the group emphasized the need for our Historically Black Colleges and Universities to train students to become stewards for the environment and effective advocates for our communities which, as Dr. Julianne Malveaux stated, "is necessary for humanity's survival." We can not have economic prosperity and equality of rights if we have no water to drink, no air to breath, no earth to inhabit.

In closing, I wanted to share reaction to President Obama's morning speech from Dr. Michael Dorsey, Environmental Studies Program, Dartmouth College, which I thought was a strong and honest critique.
-Daria Neal

Friday, December 18, 2009
As we entered the last day of the conference, there was great uncertainty about whether an agreement could be reached. World leaders, including President Obama addressed the delegates this morning. While media reports focused on the bold stance and forceful tone of the President's speech, discussions among observers after the speech generally expressed disappointment. An initial response from Professor Michael K. Dorsey outlines significant concerns about the President's speech. At about 10:45 p.m. local time, the draft Copenhagen Accord was made public. The Accord is a non-binding agreement that even an Administration official admitted "It is not sufficient to combat the threat of climate change."

No targets on carbon emissions were established to keep warming below 2 degrees Celsius. The Accord is general in its proclamations and offers no new commitments and, according to some, simply reaffirms promises made under the Kyoto Protocol. According to Lumumba Di-Aping, the Sudanese ambassador and chair of the bloc of developing countries, "A gross violation has been committed today against the poor, against the tradition of transparency and participation of equal footing for all parties of the convention and against common sense." Hundreds gathered outside the Bella Center after 1 a.m. to protest the Accord.
-Daria Neal

Lawyers' Committee Disappointed by Resignation of Van Jones and Negative Impact of Smear and Fear Rhetoric on American Democracy

Tue, 08 Sep 2009 00:00:00 -0700

The Lawyers' Committee for Civil Rights Under Law is disappointed by the resignation of Van Jones and negative impact of smear and fear rhetoric on American democracy. The Lawyers' Committee's Environmental Justice Project, headed by Daria Neal, has worked diligently to protect the environment of America's most vulnerable populations and ensure equal opportunity to live and be educated in safe, clean communities. Jones' departure is not the end of our continued effort to impact federal environmental justice policy, nor should it derail the Obama Administration's promise to green America's economy through enforcement of environmental laws and creating green jobs in urban communities.

This Administration has repeatedly voiced its commitment to the fulfilling the purpose of Executive Order 12898, President Clinton's order requiring federal agencies to ensure their policies and practices do not disproportionately burden the environment of minority and low-income communities. Under the leadership of EPA Administrator Lisa Jackson, Secretary of Labor Hilda Solis, Chair of the Council on Environmental Quality Nancy Sutley, and numerous others, the goal of creating meaningful green-collar jobs, job training programs and environmental protection for all communities can and will still be achieved.

A strong workforce and a cleaner environment benefit all Americans. Any effort to weaken efforts to protect our health and increase employment and employability is a threat to us all.

We recommend the following articles for your review:
TheRoot.com (The Van Jones Affair)
Huffington Post (Thank You, Glenn Beck!)
Washington Post (In Adviser's Resignation, Vetting Bites Obama Again)
New York Times (White House Official Resigns After G.O.P. Criticism)