For many generations, the Black residents of this region have been subject to successive forms of racism, including the powerful legacy of slavery, sharecropping, and continued racial inequalities including environmental injustice. The Ashurst Bar/Smith community in Tallassee, Alabama, filed complaints against ADEM in 2003 and 2017 for reissuing permits in the heart of a historic African American community that was settled by newly freed enslaved persons after the Civil War. In 2011, the CFM Group published the process wastewater treatment system investigation report mandated by the unilateral order. Thus, in Alexander v. Sandoval, 532 U.S. 275 (2001), the Court closed the doors to private litigants seeking relief based on evidence of disparate impact, forcing communities to rely on federal agency enforcement of challenges to decisions that further exacerbated disparities and placed disproportionate environmental burdens on communities of color. The complaint described several health and nonhealth impacts, including interference with sleep, frequent emission of odors, irritation of nose, throat, and eyes, dizziness, nausea, an increase in the vector population in and around homes close to the landfills, and increased noise from the operation of heavy machinery. We are very disturbed to note that livestock is pastured in adjacent fields, and where the toxic spray can reach. Found inside – Page 219... the predominantly African-American town of Uniontown, Alabama.37 The scenes ... the racist invectives thrown at “backwards” populations and persons of ... 40 C.F.R. Panelist Marshella Hood is an activist against environmental racism and a member of Black Belt Citizens Fighting for Health and Justice, based in Uniontown, Perry County, Alabama. It comes back to the same thing. Welcome to Uniontown, where residents say they are being poisoned by the very air they breathe.» Subscribe to NowThis: http://go.nowth.is/News_SubscribeEnvir. Photograph: Jay Reeves/AP . Look at Where We Dump Our Toxic Waste. Given the accumulation of power and wealth inherent in capitalism, we must pay attention to the ways in which human relationships with nature vary among people differently situated within the economy, whether they work in a sweatshop in Indonesia, a rural ranch in Montana, a grocery in London, or live in a Black Belt community in the Deep South. Environmental racism. Uniontown has a poverty rate of 48.8 percent, which is more than three times the national average of 14 percent. The median household income is $17,949. How Uniontown, Alabama, Became Victim of Environmental Injustice | NowThis . Found inside – Page 20Both of theses initiatives are set in the Alabama Black Belt region , a 12 ... racism and its remnants , economic inequality , and environmental injustice . In 2007, however, Perry County Commissioners approved the permit anyway. In over two decades and after hundreds of complaints, the office did not make a single formal finding of discrimination before the Obama administration came into office. In evaluating the impact of the landfill on air quality, the EPA relied on data from an air monitor miles away from town, which had little relevance to whether community members experience problems with air pollution at fenceline. After a complaint is filed, the EPA has 20 days to determine whether it merits an investigation and 180 days to issue a preliminary finding. Do our state or federal governments give a damn? During a recent visit by the authors, McCampbell explained that she just wanted her grandchildren to enjoy their visits to her home when they were in town and to look back fondly on their time spent there. In Uniontown, Alabama (90% Black), a toxic landfill twice the size of Central Park causes asthma and nerve damage. (See, e.g., Kirwan Institute for the Study of Race & Ethnicity, Ohio State University, State of the Science: Implicit Bias Review (2017), ) But isn’t the failure of decision-makers to protect the people of Uniontown—and, generally, the broader set of policies that lead to the disproportionate exposure of people of color to pollution from landfills and other toxic sources—a denial of equal protection, which civil rights laws were designed to address? And residents say they are being poisoned by the very air they breathe, the water they drink, and the lives they are trying to live. “If you come to Uniontown, [Alabama] you’ll see this mountain of coal ash,” Calhoun told staff at the nonprofit Earthjustice. The report claimed the damages from a tornado in 2008 caused SE Cheese to fall out of compliance, shed light on how the sprayfields were developed and operated, and proposed repairs and upgrades to the current system. Marianne Engelman-Lado is currently a visiting professor, Douglas Costie Chair in Environmental Law at Vermont Law School, where she is directing an environmental justice clinic focusing on civil rights enforcement in the environmental justice context. Uniontown, Alabama is in the heart of the Black Belt. Uniontown is a predominantly low-income, African-American town – upwards of 90 percent of its residents are African-American and the per capita income is approximately $9,000. The EPA should also exercise its affirmative authority to enforce civil rights and issue clear programmatic guidance to recipients of federal funds and comprehensive and uniform standards for investigating complaints. Nearly 860 miles south, residents in Uniontown, Alabama, a small town in central Alabama that is 90% African-American, were suffering health problems from an environmental hazard that continues today. The environmental aspects of this sphere of the economy are the day-to-day conditions in which people are forced to live as they attempt to pursue life, liberty, and the pursuit of happiness. . Cottonwood Creek and its tributaries have repeatedly overflowed with cheese by-products and other contaminants from the lagoon. “This issue goes to the core of a larger movement for equal justice in this country that we’re unfortunately still struggling with.”. It is imperative that we listen to, and amplify, Black Belt Citizens. March 5, 2018. See Garcia v. McCarthy, 3:13-cv-03939 (Complaint, N.D.CA, filed Aug. 23, 2013), but see Garcia v. McCarthy, (N.D.CA, Jan. 16, 2014) (dismissing case); aff’d, 649 Fed. Complainants nonetheless challenged the compliance agreement the EPA reached with the state in court on the grounds that the EPA had failed to engage complainants in the resolution process and that the agreement failed to bring the regulation of fumigants into compliance with Title VI. The population of Uniontown is approximately 90 percent . 28R-99-R4) (emphasis in original). First, in 2011, the EPA issued a preliminary finding of discrimination in Angelita C., a case challenging the California Department of Pesticides Regulation’s reauthorization of methyl bromide and other fumigants, which complainants alleged disproportionately harmed Latin school children. Uniontown, Alabama. She is particularly interested in climate change litigation and environmental justice issues. Uniontown, Alabama is a quiet town in the heart of America's blackbelt. The march would ultimately lead to the passage of the Voting Rights Act of 1965. Uniontown residents cite the landfill as the source of noxious odors, noise pollution, pest infestations, and health issues. § 2000d, and agency regulations, 40 C.F.R. What It's Like to Live Cancer Alley - NowThis . An Analysis of Environmental Racism in Uniontown, Alabama Ellie Bach The Environmental Protection Agency's (EPA) External Civil Rights Compliance Office (ECRCO) has failed to serve vulnerable communities suffering from systemic environmental racism through regulation reform and enforcement, and has instead dismantled communities' ), Despite the continued objection of residents, the community still bears the burden of the landfill, which is licensed to received waste from communities in 33 states—including the entire Eastern seaboard. Camila Bustos is a second-year law student at Yale Law School. The complaint also charges that the state's decision to permit this site without . Burning coal in electric utility plants produces, in addition to power, residues that contain constituents which may be harmful to the environment. In the long term, it will also be important for Congress and the federal government to take action. "Green Group Holdings neglects laws, peoples' rights, and our culture," states another. What stakeholders and residents are saying: Esther Calhoun, Uniontown resident and President of Black Belt Citizens Fighting for Health and Justice, an advocacy organization formed by Uniontown community members: “The Landfill is enormous. Currently, Cancer Alley is also experiencing a highest rate of coronavirus deaths. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . It comes back to the same thing. If the EPA makes a finding of discrimination, it must request that the recipient of funds address the problem voluntarily. No one in their right mind would want to live this close to coal ash.” (See Coal Ash Dump in Alabama's Black Belt: Another Symbol of Racism's Staying Power. After having exercised their civil rights to raise concerns about the landfill’s impacts, Arrowhead Landfill filed a $30 million lawsuit against residents in an attempt to silence them. Those who were mandated to clean this toxic mess were left with serious health conditions that included brain cancer, lung cancer and leukemia. Found insideLena Dominelli draws attention to the important voice of practitioners working on the ground in the aftermath of environmental disasters, whether these are caused by climate change, industrial accidents or human conflict. Now, more than 60 years later and only minutes down the county road, residents in Uniontown continue to struggle to have their equal rights to clean air and clean water recognized. In the area of environmental decision-making, however, civil rights enforcement not only lags behind but still seems beyond the public imagination. And Black communities that take on environmental racism are often thwarted. PSD 98-21, 9 (Env’l Appeals Board, Sept. 11, 1998).) ADEM has the power to protect community members in Uniontown, Dothan, and Tallassee from injustice but has neglected to do so and repeatedly dismissed the testimony of residents who are suffering. In 2013, several dozen Uniontown residents filed a complaint undertitle VI of the Civil . In December 2008, a malfunction at the Tennessee Kingston Fossil Plant released more than a billion gallons of toxic coal ash. The US Environmental Protection Agency has dismissed a civil rights case brought by residents of a small, overwhelmingly African American town in Alabama who have spent much of the past decade battling a toxic landfill they blame for causing a myriad of physical and mental illnesses.. A civil rights 'emergency': justice, clean air and water in the age of Trump There are many houses in between the two facilities, caught between these two sources of noxious smelling waste. Title VI of the 1964 Civil Rights Act prohibits recipients of federal funds from discriminating on the basis of color, race, or national origin. I don't mean racism as we think of slavery and chains and whips but . Esther Calhoun crumpled tissue and wiped away tears, last week, as she told a federal commission what it was like to live next to a mountain of hazardous waste. The EPA chose to move 4 million cubic yards of toxic coal ash to the Arrowhead landfill in Uniontown, Alabama which is how the coal ash problem began in Uniontown. Environmental Justice is defined as 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. Like, hello racism. UNIONTOWN Tues, Oct 22 at 7 pm followed by discussion with residents featured in the film FREE ADMISSION "Uniontown" weaves together the untold narratives of residents in Uniontown, Alabama, a long-silenced southern city continuously polluted by industrial waste and acts of environmental racism. Found inside – Page 94... of environmental racism is the huge mound of coal ash that has been shipped from Kingston, Tennessee to Arrowhead, outside Uniontown, in Alabama's Black ... Both the surface water and groundwater are filled with pollutants, and the city’s sewer system is overloaded by industrial wastewater from several sources. Environmental justice activists point directly to this problem, highlighting the persistent tendency for environmental hazards, waste, and noxious facilities to be sited in and around minority and low-income communities. As our political leaders grapple with how to protect civil and environmental justice rights, longtime Uniontown residents like Dorothy McCampbell continue to struggle with the impacts on her communities from the surrounding polluting sources. While affected residents used to be able to file a Title VI complaint in court and therefore demand judicial relief for the adverse impacts they faced, the Supreme Court held in 2001 that there was no private right of action under disparate impact regulations. The interviews have been edited for length and clarity. On December 22, 2008 a massive coal ash dump in Kingston, Tennessee burst. These solutions would centralize authority and responsibility to build capacity for civil rights enforcement and reduce reliance on dispersed agencies that also allocate resources for other goals. The Alabama Department of Environmental Management allows the Landfill to take waste from more than thirty states and dump it in our community. poor and most black county and community in the Alabama black belt is a textbook case of environmental racism," said . This may be due to the lack of diversity and passion for environmental justice among government officials and organizations. The cemetery is located adjacent to the landfill and is the final resting place of former plantation workers, sharecroppers, and people who were enslaved. In addition, their current vice president, Ben Eaton, has become a Perry County commissioner and will provide oversight for the landfill in that role. In the environmental justice context, Title VI should be a powerful legal framework to address disparities in siting, operations, and environmental enforcement by public and private recipients of federal funding. At the end of 2008, after coal ash spilled in a mostly white neighborhood in Tennessee, the . Since Arrowhead Landfill first opened in 2007, Uniontown residents have filed multiple complaints with ADEM and testified at public hearings. Uniontown has been framed by advocates as one the most egregious examples of environmental racism in the US, where a largely poor and black population has had a polluting facility foisted upon it with little redress. [ix] People of color are more likely to breathe polluted air and live near coal plants and toxic sites than any other demographic. In 2010, however, the EPA issued a Civil Rights Compliance Toolkit that eliminated the “rebuttable presumption” from its analysis. Found insidesought to achieve environmental justice by focusing Federal attention on the ... For example, in 2010, the Alabama Department of Environmental Management, ... Found insideSuch a shift starts by asking: What would it mean to truly believe in people? Businessman and philanthropist Charles Koch has devoted his life to answering that question. In 2008, a historically white town located near Uniontown had a coal ash spill. Under federal regulations, the EPA has authority to conduct affirmative compliance reviews, though it rarely if ever initiates investigations. In addition, in 2016 the complainants filed a second complaint with the EPA asking it to address ADEM’s failure to protect them from retaliation and intimidation. Another example of environmental racism took place in Uniontown, Alabama in 2010. Citizens claim that all the severe problems arising from the Uniontown Lagoon and facilities that use it began around 10 years ago, which correlates with the documented pattern of noncompliance on the part of SE Cheese as well as the “upgrades” made to the Uniontown Lagoon. The Kingston cleanup took place under the regulatory authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), otherwise known as the nation’s superfund law. In Scalawag's third installment of our Southerners Combating White Supremacy Profile Series, Esther Calhoun, President of The Black Belt Citizens, discusses how collective organizing has led to key wins against environmental racism in rural Alabama. Found insideThis volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country. He is currently based in New York and looking forward to starting his secon career leveraging finance to create a sustainable and just world. Coal Ash Dump in Alabama's Black Belt — Another Symbol of Racism's Staying Power. (See U.S. Commission on Civil Rights, Environmental Justice: Examining the Environmental Protection Agency’s Compliance and Enforcement of Title VI and Executive Order 12,898 62-69 (September 2016)), Esther Calhoun and Black Belt Citizens have continued raising concerns about coal ash and other community health hazards. Found insideThis volume offers the first systematic, empirically based evaluation of the effectiveness of the federal government's environmental justice policies. Like other agencies that disburse federal funds, the EPA is in charge of ensuring that recipients of federal funds, whether public or private, are accountable for complying with Title VI. Despite the lack of success with formally pursuing justice and real change through civil rights and environmental law, the efforts of Uniontown residents and Black Belt Citizens has not been in vain. Found insideExamines the relationship between the law and the school-to-prison pipeline, argues that law can be an effective weapon in the struggle to reduce the number of children caught, and discusses the consequences on families and communities. The EPA and the Alabama Department of Environmental . Here she presents the voices of three environmental activists from Uniontown and Tuscaloosa, Alabama: Marshella Hood, Benjamin Jackson, and John Wathen. Organized in branches across the country, our mission is to link the everyday struggles of oppressed and exploited people to the fight for a new world. Senator Cory Booker (D-NJ) has been a vocal advocate for the Uniontown residents. Observed and permitted by ADEM, these companies in Uniontown will pay minimum fines for gross overflows, stay in operation despite being out of compliance, and in conjunction with every other factor in this ongoing crisis continue to make life miserable for the residents of Uniontown. In 2016, residents of Dothan, Alabama, also filed a Title VI complaint after the city approved the expansion of a sanitary landfill that the community claimed would also adversely affect African American residents. . In no particular order, they have seen… Ben Eaton, Uniontown resident and Vice President of Black Belt Citizens Fighting for Health and Justice: “If the EPA can’t see that what we experience are civil rights violations, then EPA will never protect people from discrimination. Found insideThis book provides the major economic, social, and psychological impacts associated with the siting of noxious facilities and their significance in mobilizing the African American community. We’re human beings, too, but we’re treated like nothing. View Environmental Racism in Uniontown, AL.docx from BUS 250 at American Public University. . Found inside – Page 94... of environmental racism is the huge mound of coal ash that has been shipped from Kingston, Tennessee to Arrowhead, outside Uniontown, in Alabama's Black ... Uniontown may be small, but it has attracted national attention surrounding its ongoing legal battles with the EPA and the State of Alabama over the Arrowhead Landfill. Many residents and environmental justice advocates believe that the town is victim to environmental racism. Environmental Racism Uniontown, AL Arrowhead Landfill Uniontown is situated in the southwestern part of Perry County, Alabama, and lies in the western section of the area known as the Canebrake, a portion of the Black Belt Prairie traditionally recognized as one of the richest As far back as 2003, OCR cautioned ADEM that its “failure to adequately consider socio-economic impacts (including race) at any point in the siting and permitting process for municipal solid waste landfills in Alabama” created a “significant potential” for failing to comply with Title VI. . Instead, they refer to Uniontown as “stinky town” and both she and her husband deal with the daily health impacts of sore throats and asthma, which only developed after the landfill opened down the road from her house. Environmental justice. 42 U.S.C. In 1963, events in the county seat of Marion, Alabama, just 20 miles away from Uniontown, would lead to the historic march from Selma to Montgomery to demand voting rights for African American citizens. In the Uniontown case, however, ECRCO nonetheless dismissed residents’ clear evidence of suffering, finding instead that Arrowhead Landfill was in compliance with its permit and, therefore, that there was insufficient evidence that the facility was causing health impacts. The catfish plant, along with the Southeastern Cheese Corporation’s facilities, periodically emits odors that interfere with the enjoyment of property and raise concerns about the health and welfare of community residents. Found insideThe long-awaited biography of a colorful and enterprising civil rights leader Earthjustice represents residents of Uniontown, who filed a complaint with the EPA in 2013, against the Alabama Department of Environmental Management for failing to consider the impact on a majority black community, which, it's required to do under the Civil Rights Act because the agency receives federal funds. Moreover, despite the community’s outcry against the impacts of coal ash on their health and way of life, Arrowhead Landfill continues to advertise to power plants for more coal ash and waste such as contaminated soils, debris, asbestos, and petroleum contaminants. In Scalawag's third installment of our Southerners Combating White Supremacy Profile Series, Esther Calhoun, President of The Black Belt Citizens, discusses how collective organizing has led to key wins against environmental racism in rural Alabama. U.S. He visited the town last summer to meet with residents and stakeholders as part of a months-long fact-finding and grassroots organizing effort that culminated in a landmark environmental justice bill he introduced in the Senate in September. The air in the town has been made toxic from coal ash dumped into the nearby Arrowhead landfill. In response to the continued health risk of the sprayfields, Black Belt Citizens Fighting for Health and Justice sent a letter to ADEM, dated January 19, 2015: “We have observed in an aerial photo of August, 2014, that the land application of toxic wastewater to the SE Cheese spray field has killed all the vegetation within the reach of the irrigation spray, including grass, shrubs, and trees. I don’t think so.”. As a result, high levels of bacteria and nitrogen-rich clumps of whey overwhelmed the flora and fauna near the creek. The faculty, staff and students of Air University will find that this Guide is designed to unify their writing stylistically and to give them information about publishing with AU Press. environmental racism cases such as the deep water horizon oil spill, Flint Michigan, and North Dakota pipeline. Under CERCLA, the coal ash was considered hazardous in Tennessee, but once the ash was transported to Uniontown, it was classified as nonhazardous under the Resource Conservation Recovery Act (RCRA). left: "The West Branch Of Bellows Falls," in Picturesque America or The Land We Live in (New York: D. Appleton, 1872); right: Allison Grant, "In the Vines . The Lagoon, roughly a quarter mile from the cheese plant, effectively handles all of the wastewater from Uniontown residents, corporations and businesses in a series of three large ponds. The federal government’s commitment to civil rights enforcement is at best in contention in the year 2019. Panelist Christine Bassett is a scientist and engineer for Cherokee Nation Businesses, supporting the NOAA Weather Program Office Subseasonal-to-Seasonal Program. The Uniontown complaint, filed by 35 residents in 2013, alleges that the Alabama Department of Environmental Management, or ADEM, twice violated civil-rights law when permitting the Arrowhead Landfill - in 2011, when state regulators renewed the landfill's license; and again in 2012, when they approved modifications allowing the facility to . Found insideMichael Méndez tells a timely story of people, place, and power in the context of climate change and inequality. He explores the perspectives and influence low‑income people of color bring to their advocacy work on climate change. An estimated 70% of the country's contaminated waste sites are located near low-income housing, and an Associated Press analysis suggests 2 million people live within a mile of one of the 327 Superfund sites vulnerable to climate change-related flooding, most of them in low-income communities . I don’t think so.”, Ben Eaton, Uniontown resident and Vice President of Black Belt Citizens Fighting for Health and Justice: “If the EPA can’t see that what we experience are civil rights violations, then EPA will never protect people from discrimination. On December 22, 2008, more than a billion gallons of highly toxic coal ash burst from an impoundment and spilled into the Emory River channel in Kingston, Tennessee, covering approximately 300 acres. The agency had approved the dumping of four million tons of coal ash at a landfill site in their community . You Want to See Racism in Action? Robert Bullard, a professor of urban planning and environmental policy at Texas Southern University and a prominent voice in the environmental racism debate, said his research shows polluting industries . While the cemetery’s boundaries and deed are in controversy, actions taken by landfill operators have physically altered the site and raised questions about the integrity of burial plots for ancestors and loved ones, including Esther Calhoun’s brother and other family members, as well as the loved ones of other Uniontown residents. I saw with my own eyes how the residents of Uniontown struggle on a daily basis with a massive industrial garbage dump that’s been planted in their backyards.”, “Access to clean air, clean water, and clean soil shouldn’t be a privilege – it’s a right and the EPA has failed to protect this right for the people of Uniontown,” Senator Booker added. Earlier this year, the agency denied Uniontown's environmental racism complaint. The report focused on the town of Uniontown, Alabama, where its 2,300 low-income, majority black residents are exposed to a landfill that accepts coal ash, a cheese factory that emits a noxious smell and dumps waste into a local creek and wastewater from a catfish processing factory that contributes to an overburdened sewer system that leaks . This spatial correlation between toxic outputs and minority populations was brought to broader public attention in the 1980s by Robert Bullard, who studied the distribution of waste facilities in the American South. Its residents are primarily African-American. The U.S. Department of Agriculture has awarded Uniontown a $23 milllion grant to abandon its failing sewer system and pipe its sewage to Demopolis, though efforts are still ongoing to secure local . The Arrowhead Landfill in the rural, largely minority community of Uniontown, Alabama is the dumping site of coal ash carried from the site of a spill in Tennessee John L. Wathen/MCT/Tribune News . This crisis is unfolding right here in the heart of Alabama. Found inside – Page iThe city of Pittsburgh and surrounding area of southwestern Pennsylvania face complex water quality problems, due in large part to aging wastewater infrastructures that cannot handle sewer overflows and stormwater runoff, especially during ... The observation that poor, Black, and immigrant communities are disproportionately put at risk from exposure to pollution is not an old one. Uniontown is one of the most egregious examples of environmental racism in the U.S., where a largely poor and Black community has had more than one polluting facility foisted upon them without recourse. The Alabama Department of Environmental Management allows the Landfill to take waste from more than thirty states and dump it in our community. Part 7. Ultimately, the fate of this coal ash would demonstrate the failure of environmental and civil rights laws to protect vulnerable communities. 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