Bridging the Gap: Laws for Justice

Legislating Justice

Last week, the Department of Justice announced that it seeks public input on the Environmental Justice Strategic Plan to ensure that the needs of affected communities, particularly underrepresented groups, are addressed through the plan. This momentous announcement follows the creation of the premier official definition of environmental justice by Executive Order 14096 in April 2023, about three decades after the issuance of Executive Order 12898 which focused on guaranteeing environmental justice for underprivileged communities. It is thrilling to see the recent surge in activism and legislation for environmental justice to repair the historical inequity of burdening marginalized communities with environmental risks.

The History

Environmental justice is the right for all individuals to live in a healthy environment that is not subjected to environmental hazards. Throughout American history, however, it is evident that systemic social barriers have caused underprivileged communities, specifically people of color, to live in substantially more polluted regions (including cities) than their counterparts, skyrocketing the risk of damage to the health because of poor environmental conditions.

The origin of the environmental justice movement can be traced to 1982, sparked by a small community that primarily consisted of African Americans in Warren County, North Carolina. A landfill holding polychlorinated biphenyls (PCBs), a harmful chemical that was collected from roads, was going to be established in this community. PCBs cause substantial damage to essential organs and biological systems and processes, and these effects are exacerbated when one is near a large amount of PCBs. While there were numerous potential sites for the landfill, this community in Warren County was selected. The racial makeup of this community was certainly not a coincidence.

The NAACP and other entities launched enormous protests in response to the decision for the landfill location. Although the construction of the landfill was not prevented, the protests in Warren County initiated environmental justice activism in other minority communities that were similarly disproportionately affected by environmental hazards due to their socioeconomic status. This resulted in more collective activism on a national scale by numerous marginalized groups that shared the common ground of being subjected to environmental threats because of their demographic. The PCB protests drastically shifted the paradigm of environmentalism by highlighting its notable intersection with civil rights. Consequently, these protests are widely considered the start of the national environmental justice movement to urge policymakers to protect the rights of underprivileged communities to a safe living environment.

The Status Quo

Despite advances in civil rights and environmental justice legislation, it is evident that communities of low socioeconomic status are still disproportionately affected by environmental hazards. Let’s dive into one instance in particular: Louisiana’s Cancer Alley.

Cancer Alley is a 85-mile stretch of communities in Louisiana near over 200 fossil fuel and petrochemical plants. The abundance of power plants causes the excessive release of toxic chemicals into the nearby environment, damaging the health and livelihood of nearby residents. Residents report extremely high rates of cancer, respiratory issues including asthma, and other illnesses. Some parts of Cancer Alley exhibit the greatest risk of cancer due to industrial pollution in the entire US. Notably, the Black population in this part of Louisiana who are subjected to such hazardous pollution encounter an increased risk of cancer. 

Consequently, the Environmental Protection Agency initiated an investigation in April 2022 to evaluate the state’s management of industrial resources to analyze its effect on minority communities. The EPA’s report states that there is substantial evidence indicating that certain Louisiana departments’ activity has harmed the Black residents of the industrial region, especially regarding the release of carcinogenic chemicals from the power plants. The EPA determined that the state departments should limit chemical releases in the entire region to restrict the amount of dangerous chemicals like chloroprene that can provoke biological mutations.

The EPA’s investigation marked a great advancement in the environmental justice movement, representing federal-scale action to ensure that the rights of underprivileged groups to a healthy living environment are protected. The acknowledgment of the disproportionate impact on the Black community and the EPA’s subsequent limitations on the emission of particular chemicals appeared to be a step toward full environmental justice regardless of race or socioeconomic status. However, this hope was extinguished when the EPA dropped its investigation in June 2023. This termination was a clear step back from guaranteeing environmental justice. The end of the investigation raised questions about Title VI of the Civil Rights Act of 1964, the requirement that any entity using federal funds must not discriminate based on race or ethnicity, which includes preserving environmental justice irrespective of race.

A Step Forward

In April 2024, the EPA issued a new rule, effective July 15, 2024, that will limit toxic pollutants in the air, particularly carcinogenic ones. The rule includes improved standards for the emission of chemicals including chloroprene and ethylene oxide that primarily affect minority, low-income communities. The EPA estimates that the number of individuals confronted by toxic air pollution from industrial plants will decrease by about 96%, which will greatly benefit marginalized groups who bear the brunt of these hazards. It is thrilling to see the EPA take substantial action for preserving environmental justice, pushing us toward a more equitable future where everyone’s right to a clean and healthy environment is protected.

Works Cited

Ahmad, Zahra. “New EPA Rule Will Reduce Tons of Cancer-Causing Chemical Emissions from Plants.” Earthjustice, 9 Apr. 2024, earthjustice.org/press/2024/new-epa-rule-will-reduce-tons-of-cancer-causing-chemical-emissions-from-plants.

“Executive Order on Revitalizing Our Nation’s Commitment to Environmental Justice for All.” The White House, The United States Government, 21 Apr. 2023, www.whitehouse.gov/briefing-room/presidential-actions/2023/04/21/executive-order-on-revitalizing-our-nations-commitment-to-environmental-justice-for-all/.

Juhasz, Antonia. “US Ends Critical Investigation in Louisiana’s Cancer Alley.” Human Rights Watch, 29 June 2023, www.hrw.org/news/2023/06/29/us-ends-critical-investigation-louisianas-cancer-alley.

“Key Things to Know About EPA’s Final Rule for Synthetic Organic Chemical Manufacturing Plants and Polymers and Resins Plants.” EPA, Environmental Protection Agency, 9 Apr. 2024, www.epa.gov/system/files/documents/2024-04/chemical-sector-final-rule.-key-things-to-know-fact-sheet.pdf.

“Learn About Environmental Justice.” EPA, Environmental Protection Agency, 11 June 2024, www.epa.gov/environmentaljustice/learn-about-environmental-justice.

Office of Energy Justice and Equity. “U.S. Department of Energy Seeks Public Input on Environmental Justice Strategic Plan.” United States Department of Energy, 27 June 2024, www.energy.gov/justice/articles/us-department-energy-seeks-public-input-environmental-justice-strategic-plan.

Office of Legacy Management. “Environmental Justice History.” United States Department of Energy, www.energy.gov/lm/environmental-justice-history. Accessed 9 July 2024.

Phillis, Michael, and Janet Mcconnaughey. “EPA: Racial Disparity in Louisiana’s ‘Cancer Alley.’” AP News, AP News, 13 Oct. 2022, apnews.com/article/health-louisiana-new-orleans-discrimination-business-ef621bf3407ea6ec3f15d47db488f96f.

Phillis, Michael. “Louisiana Was Open to Cancer Alley Concessions. Then EPA Dropped Its Investigation.” AP News, AP News, 1 Nov. 2023, apnews.com/article/epa-louisiana-cancer-alley-pollution-discrimination-915d957401318aaf57fc478afbf29f9a.

“Title VI, Civil Rights Act of 1964.” United States Department of Labor, www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights-act-of-1964. Accessed 9 July 2024.

UNC University Libraries. “We Birthed the Movement: The Warren County PCB Landfill Protests, 1978-1982.” UNC University Libraries, 1 Sept. 2022, library.unc.edu/exhibition/we-birthed-the-movement-the-warren-county-pcb-landfill-protests-1978-1982/.