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Principles of Environmental Justice

ACTS

Framework for Environmental Justice

On the Defense

Other Items

 

Environmental Justice/Environmental Racism

Environmental Justice is a movement comprising civil rights activists and environmentalist working to ensure the rights of low-income communities of color to clean and healthy environments. Environmental Justice is the belief that no one should make a profit at the expense of poor people. It is a term used to express the social value that everyone should be afforded the same environmental opportunities and benefits of clean water and air, sufficient open space, healthy living conditions and housing regardless of income, race, ethnicity, age or education.

 

A similar term used to describe the same set of goals and processes is Environmental Racism. Environmental Racism also known as Environmental Justice is a major but largely ignored problem in environmental ethics. The topic is ignored mainly because environmental ethics literature, for the most part, reflects environmental concerns, and these have not included concerns about human welfare and fair treatment to all.

 

The catalyst for the Environmental Justice/Equity Movement started in a predominantly Black neighborhood in Warren County, North Carolina in 1982. Although there was prior evidence or knowledge about the disproportionate burden of borne by minorities and low-income communities experiencing environmental injustices. (http://www.ccej.org)

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Principles of EJ 

 

Principles of Environmental Justice

-Main purpose is that it is a basic Humane right to Protection

1, every individual has a right to be protected from environmental degradation

2, require enacting a federal “fair environment protection act”

3, Nondiscriminatory

4, Investigates charges of environmental discrimination under Title VI of the 1964 Civil Rights Act

 

Title VI of the 1964 Civil Rights Act

-Equal Protection Clause of the 14th Amendment

 

“No one in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

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ACTS

 

Acts

1.  Environmental Justice Act of 1993 (H.R. 2105) would  promote the federal governments with statistical documents and ranking of the top 100 “environmental high impact areas” that warrant attention

 

2.  The Environmental Equal Rights Act of 1993 (H.R. 1921) seeks to amend the Solid Waste Act and would prevent waste facilities from being sited in “environmentally disadvantaged communities”

 

  1. The Environmental Health Equity Information Act of 1993 (H.R. 1925) seeks to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCIA) to require the Agency for Toxic Substances and Disease Registry to collect/maintain info on the race, age, gender, ethic origin, income level, education of persons in communities adjacent to toxic substance contamination.

 

  1. The Waste Export and Import prohibition Act (H.R. 3706) banned waste exports as of 1 July1994 to countries and that re not members of the Origination for Economic Cooperation and Development (OECD); the bill would also ban waste exports to and imports from OECD countries as of 1 January, 1999.

 

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Framework for Environmental Justice

“ No community- rich or poor, black of white- should be allowed to become a “sacrifice zone”

1.      Right to Protection

2.      Prevention of Harm

3.      Shifting the burden of proof

4.      Obviating proof of intent to discriminate

5.      Targeting resources to redress inequities

 

Two Major Difficulties with Environmental Rules

1, the question of the burden of proof and

2, the incommensurability of industry risks (that s, economic harms) and public risks (physical/health harms)

 

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On the Defense

Those in denial of Environmental Justice/Environmental Racism use the claim that changes or current problems in the or to the environment are economic considerations, not racial or morally objectionable that account for disproportionate impacts on nonwhites

 

Doctrine of Double Effect (presented by Professor Been The Face of Environmental Racism)

 

“An effect whose production is usually blameworthy becomes blameless when it is incidental to, although predictably conjoined with, the production of another effect whose production is morally justified”

 

This defense against charges of racism is important in the American context because racial discrimination is illegal in the United States in circumstances where economic discrimination is permitted

For example: it is illegal to racially discriminate in the sale and rental of housing location for people of color to the least desirable neighborhoods regardless of their income level, but it can happen on the ground that one is denied loans based off income, credit history etc.

 

Zoning

-Federal government practice exclusionary zoning practices, which are obstacles to creating affordable housing, particularly in affluent suburbs. The federal and state government have been reluctant to systematically challenge local zoning laws that have the effect, if not the intent, of exclusionary minorities and poor.

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Other Items

 

Notes

Environmental Justice in Seattle

Seattle’s Core Values

  1. Social Equity
  2. Economic Opportunity
  3. Environmental Stewardship

Seattle’s Human Environment (1990)

    75.3% White

    10.1% Black

    1.8%   Asian

    1.4%   American Indian

    1.4%   Other

Income and Poverty Status

-The mean income for all households in 1989 was $38, 895

-The households with single persons and unrelated individuals was $28, 005

-Family households income was $49, 572

-In 1990, 12.4 per cent of Seattle residents lived in poverty. Poverty was highest for younger residents (18-24), usually college students and 16% were children under 18 years old living in poverty. Also in 1990, only 0.2% of the city population (1,100 people) lived in census blocks that also contained facilities that reported using, storing, or disposing of Extremely Hazardous Substances (EHS). Those people tended to be between 18-65 years of age, living above the poverty line and had a housing cost close to citywide averages.

-Several groups are disproportionately represented in impact areas. People of Color, children/youth, those living in poverty are over represented in these areas may experience inordinate share of potential risks associated with EHS.

 

Terms

 

HOPE VI- also known as the Urban Revitalization Demonstrations, is developed to revitalize the Nation’s most severely distressed public housing. Congress and HUD created the HOPE VI grant program in 1992 to provide flexible source of support for investments in public housing developments and for their residents.

 

HUD- US Department of Housing and Urban Development. Their mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination.

 

Clinton Administration and Executive Order 12898- February 11, 1994 President Clinton signed Executive Order 12898. This “Order” directs each federal agency to develop an Environmental Justice strategy for “identifying and addressing…disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations” Monies have been allocated to federal agencies and state governments assisting communities develop strategies to local environmental problems.

Minority Populations- Black, Indian, Asian, Native American, Hawaiian and other Pacific Islander, Hispanic

Low-income- a person(s) whose household income is at or below the US Department of Health and (HHS) Health Human Services poverty guidelines. States and localities may, however, adopt a higher threshold for low-income as long as the higher threshold is not selectively implemented and is inclusive of all persons at or below the HHS poverty guidelines.

 

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Last Updated:
5/30/04

Contact the researcher at: riversn@u.washington.edu