Envi vironmental Jus ustice ce 101 101 Agriculture & & Climate Change https://www.wired.com/2016/10/millions-farm-animals-fall-victim-hurricane-matthew/ Shannon Arata, Lecturing Fellow Duke Environmental Law & Policy Clinic https://law.duke.edu/envlawpolicy/
The D Defin initio ition Environmental justice 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. It will be achieved when everyone enjoys: • the same degree of protection from environmental and health hazards, and • equal access to the decision-making process to have a healthy environment in which to live, learn, and work. Source: https://www.epa.gov/environmentaljustice
The he Phe Pheno nomen enon • Low-wealth communities and/or communities of color are disproportionately impacted by environmental burdens. • Race is the key determinant of whether a community will be disproportionately impacted. • Low-wealth communities of color are most impacted by NC’s industrial agriculture operations CAFO’s and Environmental Justice: The Case of North Carolina Rick Dove, Waterkeeper Alliance Urban-rural exploitation: An underappreciated dimension of environmental injustice
EJ as as a M a Movem ement Warren County credited as the birth place of the • environmental justice movement 1973: Ward Transformer Company released 31,000 gallons of • polychlorinated biphenyls (PCBs) along roadways in 14 counties State chose Shocco, Warren County, as the site for a new PCB • landfill Shocco was 75% African American, 97 th in GDP among NC’s • 100 counties, no mayor or city council 1982: After 3 lawsuits, multiple public hearings, protests, and • a few scientific studies, Warren County reached a settlement with the State, and Gov. Hunt promised not to expand the landfill. 1983: Discovery of landfill leakage and water contamination • 2003: State began actively destroying PCBs • Source: https://sites.duke.edu/docst110s_01_s2011_sb211/what-is- 2016: $5.5 million EPA settlement for PCB cleanup of Ward environmental-justice/history/ • Transformer Superfund site in Raleigh, NC
Animal A Agriculture e – Not ot You our F r Father’s H s Hog og Far arm • 1968: Wendell Murphy developed vertical integration for hog production and the modern factory hog farm (aka concentrated animal feeding operation or CAFO) was born. • CAFO components: row houses, ventilation systems, lagoons, spray fields & dead bins • Thousands of animals per row house, 2,300 facilities statewide, 10 million hogs total, 9.5 billion gallons of waste annually
Environ onmen ental He Heal alth = Hu Human an He Heal alth • Air pollution; odors; water pollution; nutrient pollution • Human health impacts, including: respiratory disease, migraines, eye irritation, antibiotic resistance, pathogen transfer (e.g., swine flu, pfisteria, MRSA) • Mental health impacts Rick Dove, Waterkeeper Alliance
From om t the F Front L Lines es Elsie Herring, Duplin County Renee Miller, Duplin County Julian Savage, Bladen County Violet Branch, Warsaw Eunice & Pick Robbins, Bladen County
Econom omic He Heal alth • $9 billion industry primarily located in economically-depressed counties • Mostly low-wage, part-time employees • Underwhelming grower contracts • Depressed property values Joseph Carter Swine Finishing Agreement with Murphy-Brown LLC, In re Swine Farm Nuisance Litigation , No. 5:15-cv-00013 (E.D.N.C. Jan. 9, 2015).
Ag’s O s Other I Impacts acts on on EJ Com ommuniti ties • Slaughterhouse siting • Pesticide use and exposure • Well water contamination • Federal grant availability and allowed infrastructure • Food labeling transparency and regulatory oversight • Contributions to global climate change http://www.thestand.org/2015/04/health-dangers-of- pesticide-drift-warrants-action-experts-say/ https://www.wral.com/cumberland-nixes-deal-for-chicken-plant/14004947/
Ag & Climate C e Change’ e’s R Relation onship • Climate change = a broad range of global phenomena created by releasing greenhouse gases (GHGs) that trap heat within the Earth’s atmosphere. Phenomena include: sea level rise, ice mass loss, shifts in plant blooming and animal migration patterns, disease spread, and extreme weather events. • Climate change ≠ global warming or weather (!!!) • Methane (CH 4 ) is the primary GHG from agriculture, 25 times more potent than carbon dioxide
Hu Hurricane e Impac acts on A Ag & & E Environ onmen ent Cleanup after Floyd (1999) https://www.latimes.com/nation/la-na-florence-flood- Hog lagoon breach after Matthew (2016) environment-20180913-story.html https://www.wired.com/2016/10/millions-farm-animals-fall- victim-hurricane-matthew/ NASA imagery after Florence (2018) https://www.newsobserver.com/news/local/article218934685.html
Po Post-Disaster er R Resilien ence Source: https://www.npr.org/2019/03/05/688786177/how-federal-disaster-money-favors-the-rich
Disaster er & & Land Us Use P e Policies es • Federal funding is reactive, disincentivizes proactive measures Reauthorization of 1988 Stafford Act, which authorizes the President to issue major disaster or emergency declarations to actual major disasters or emergencies that overwhelm state and local governments • Fiscal Years 2012-2016 average annual FEMA investments: $37.1 billion in disaster relief $0.85 billion in disaster avoidance Local land use policies still allow for development in flood plains and other • areas vulnerable to natural disasters. Multi-family residential properties (apartments, low-income housing, nursing and retirement homes, group homes, and mobile home parks) are more vulnerable to flooding than single-family residences.
Legal al Op Options Civil Rights Act of 1964, Title VI Title VI Settlement Agreement with NC Department of Environmental Quality Executive Order 12898 (1994) U.S. Department of Transportation Public hearing requirements (Permits & Rulemakings) Community involvement requirements (e.g., Superfund) Pending federal legislation (e.g., Environmental Justice Act of 2017) Local planning and zoning processes State Nuisance Law (see N.C. Session Law 2018-113)
What Ca Can I I Do? • Transparency and community outreach—community members are stakeholders • Funding decisions: loans vs. grants vs. matching funds • Purchasing decisions—vote with your wallet • Make it a policy to consider (and implement) alternatives that address environmental justice impacts; rational decisions still can be wrong • Institutional education about factoring environmental justice into business planning Internalizing costs is a great start • Participate during public comment periods on proposed state and federal regulatory actions—written and oral comments are given equal weight • Contact decision makers
(Som Some) e) Resou ources es Federal EPA, Moving Towards Collaborative Problem-Solving: Business & Industry Perspectives and Practices on Environmental Justice (2003) EJ Screen (formerly EJ View) State Department of Environmental Quality, Department of Agriculture & Consumer Services, Utilities Commission Environmental Justice & Equity Board; Environmental Management Commission Community Mapping Tool Sarah Rice, NCDEQ Title VI Coordinator, sarah.rice@ncdenr.gov Nonprofit North Carolina Environmental Justice Network, www.ncejn.org Clean Water for North Carolina, www.cwfnc.org Environmental Working Group, https://www.ewg.org/consumer-guides Animal Welfare Institute, https://awionline.org/content/consumers-guide-food-labels-and- animal-welfare
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