The Environmental Forum: When the System Fosters Racial Injustice
Originally published by the Environmental Law Institute’s “The Environmental Forum” May-June 2021 issue. This is an excerpt.
By the time the environmental justice movement began taking shape in the 1980s, communities of color had already been suffering from the disproportionate burdens of pollution for decades. Since then, evidence of racially discriminatory patterns in the distribution of environmental harms has only continued to mount.
Researchers from the universities of Michigan and Montana empirically documented in a pair of 2015 studies the phenomenon of “sacrifice zones,” finding that industrial facilities associated with high levels of pollution are disproportionately sited in low-income communities and communities of color.
A 2019 study published in the Proceedings of the National Academies of Science found that while White people in the United States are disproportionately responsible for particulate matter pollution — which is linked to heart disease, permanent lung damage, and premature death — Black people and Latinos endure significantly greater exposure to this pollution.
But even as environmental justice has grown in prominence, early policy responses in its support have been lackluster, undermined by tepid commitment from political leaders, inadequate resources, and feeble accountability measures. Executive Order 12898, which was first issued in 1994, directs that “each …
As Maryland heads into the final stretch of a collective effort to clean up the Chesapeake Bay, it has inexplicably passed over its best opportunity in years to modernize regulation of industrial stormwater — rain and snow that collects toxic pollution as it runs off factories, warehouses, scrap metal dealers, and other industrial sites.
Earlier this year, Maryland released a proposed revision of its general water pollution permit, which limits the type and amount of pollutants that facilities can discharge into public waters and sets monitoring and reporting requirements to protect public and environmental health.
Unfortunately, the state missed an important opportunity to bring stormwater regulation from the last century into the present — but it’s not too late to change course.
The Chesapeake Accountability Project (CAP) — a coalition of clean water advocacy groups including the Center for Progressive Reform — and two dozen partner organizations submitted a comment …
This post was originally published on Legal Planet. Reprinted with permission.
April 30 marks President Biden's first 100 days in office. He's appointed a great climate team and is negotiating an infrastructure bill that focuses on climate change. With luck, those actions will produce major environmental gains down the road. There are also some solid gains in the form of actions that have already come to fruition. Here's where things stand.
Executive orders. Former President Trump seemed to delight in issuing anti-environmental executive orders. All of those are gone now, replaced with Biden's environment-friendly substitute. In one important move, Biden restored former President Obama's estimate of the social cost of carbon, which Trump had slashed.
Foreign affairs. Here the big news is that Biden has taken the United States back into the Paris agreement and has submitted a commitment cut emissions by 50 percent from 2005 levels …
In 2017, Puerto Rico was hit hard by two major hurricanes, Irma and Maria. First came Irma, a Category 5 storm that pummeled the island, leaving a trail of destruction. Less than two weeks later came Maria, another Category 5 storm that directly hit the island in what became the worst natural disaster in the U.S. territory's history. The storm moved directly across the island, knocking out electricity and inundating towns with floodwaters and mudslides.
Maria's immediate aftermath was brutal. It included cascading failures of critical infrastructure that threatened systems that people depend on to survive: energy, transportation, communications, water, and wastewater treatment. The storm caused $90 billion in damage to the island, and Puerto Ricans were forced to live without power for 328 days — the longest blackout in U.S. history. The storm also caused an estimated 3,000 deaths, according to an independent study …
It’s heartening to see that not all of the noise generated by the 2020 presidential campaign has dissipated in these post-election times.
President Biden pledged last week to cut greenhouse gas emissions by 50 percent by 2030 — making good on a big campaign promise and possibly nudging some of us out of the still-skeptical category.
When I think about climate, I think about equity. Low-income people spend more of their paychecks on energy and transportation costs. Those sweet rebates on electric vehicles? They don’t go to people who can’t afford a new car, much less an electric one. As CPR Member Scholar Maxine Burkett notes, environmental degradation creates “sacrifice zones” — and communities of color pay the price. We simply cannot address climate change without addressing racism, and environmental racism in particular.
When I think about climate, I also think about jobs. Jobs that don …
President Joe Biden's April 28 speech to a joint session of Congress — his first major address since his inauguration — offers him a chance to outline and defend his policy priorities. He should use this opportunity to articulate a positive vision of regulation as an institution within our democracy and to champion the crucial role it plays in promoting the public interest.
Biden will likely focus much of his speech on his ambitious infrastructure plan, from which he can easily pivot to regulation. After all, robust regulations are essential to the success of the U.S. economy, no different from traditional "gray" infrastructure like roads, bridges, pipelines, and power lines.
Strong regulatory protections provide a foundation of trust, which is critical for keeping our economy humming. Imagine, for example, if the Biden administration's Occupational Safety and Health Administration (OSHA) issued its long overdue emergency temporary standard to protect …
This op-ed was originally published in The Hill.
Making Congress functional again is having a moment. The debates over ending the filibuster and legislation to prevent hyper-partisan congressional districts have received the most attention in this space so far. But lawmakers did quietly take an important step forward on mending congressional dysfunction when they reinstated the practice of earmarking the federal budget, reversing a decade-old ban.
Lawmakers should build on this fix to the budget process by cracking down on “poison pill” appropriations riders, a gimmick that proliferated in the vacuum left by the earmark ban.
These riders are the inverse of earmarks, which direct federal agencies to spend a certain portion of funds on a specific activity (like building a bridge or community center, for example). Poison pill riders, on the other hand, bar agencies from using funds for certain activities. They don’t repeal agencies …
On April 22, the White House confirmed that President Joe Biden will nominate Tracy Stone-Manning to head up the Bureau of Land Management (BLM), a federal agency charged with overseeing national monuments and other public lands, as well as key aspects of energy development.
A longtime conservation advocate, Stone-Manning has worked for the National Wildlife Federation, served as chief of staff to former Montana Gov. Steve Bullock and advisor to Sen. Jon Tester, and led Montana's Department of Environmental Quality.
If confirmed, she will oversee an agency of the U.S. Department of Interior that was used and abused by the Trump administration, Interior Secretaries Ryan Zinke and David Bernhardt, and Acting BLM Director William Pendley, who was removed from the post after serving illegally for more than a year. During the previous administration, the agency shrank national monuments, threw open the doors to fossil fuel extraction …
The Center for Progressive Reform's Connect the Dots podcast returns for Season Five. This season, guests and host Rob Verchick will focus on issues related to energy. Keep reading for a summary and to listen to Episode 1: Fight the Powers That Be.
In 2020, the world banded together to fight the COVID-19 pandemic. Now, in 2021, the world continues to change, and we seem to be progressing forward. In turn, the spotlight shifts to another great calamity: climate change. The environmental crisis has made headlines with the Biden administration making climate mitigation and renewable energy top priorities.
With these advancements, researchers, corporations, innovators, and activists around the world are being tasked to follow suit. To stay united and take on another challenge: the transition to clean energy. But what does that entail exactly? How does a shift to renewables affect the average American household?
Scientists and …
Racism runs much deeper than policing and law enforcement. Racial injustice is deeply embedded in our nation’s past and present. It is systemic, institutional, and interpersonal, but it is not insurmountable. It’s time for a national reckoning that takes racism and white supremacy seriously and delivers fully enforceable policies that stamp out discrimination in policing and all other institutions in our country. Black Americans and other marginalized people are entitled to the same tenets of life and liberty as guaranteed to white people. Systemic racism and lawlessness by state actors make that impossible.
Today, a jury found Derek Chauvin guilty of murdering George Floyd, an unarmed Black man, in May 2020. This is one small step toward accountability for those who perpetrate violence against Black people and other marginalized people. Still mourning the loss of George Floyd and calling out the names of Adam and …
