Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Page 1 of 41
MDL 2008-2009
Page 2 of 41
MDL 2008-2009
Page 3 of 41
MDL 2008-2009
Page 4 of 41
MDL 2008-2009
Despite progress in research, planning, and policy, low-income and people of color neighborhoods and their residents suffer from greater environmental risks than the larger society. For example, lead poisoning continues to be
the number-one environmental health threat to children in the United States, especially poor children, children of color, and children living in older housing in inner cities. n20 "Black children are five times more likely than white children to have lead poisoning" n21 and "one in seven black children living in older housing has elevated blood lead levels." n22 About 22% of African American children and 13% of Mexican American children living in pre-1946 housing suffer from lead poisoning, compared with 6% of white children living in comparable types of housing. n23 Recent [*378] studies suggest that a young person's lead burden is linked to lower IQ, lower high school graduation rates, and increased delinquency. n24 Lead poisoning causes about two to three points of IQ lost for each 10 ug/dl lead level. n25
The nation's environmental laws, regulations, and policies are not applied uniformly, resulting in some individuals, neighborhoods, and communities being exposed to elevated health risks. In 1992, staff writers from
The National Law Journal uncovered glaring inequities in the way the federal EPA enforces its laws. n26 The authors write:
There is a racial divide in the way the U.S. government cleans up toxic waste sites and punishes polluters. White communities see faster action, better results and stiffer penalties than communities where blacks, Hispanics and other minorities live. This unequal protection often occurs whether the community is wealthy or poor. n27 These findings suggest that unequal protection is placing communities of color at special risk. The National Law
Journal study supplements the findings of earlier studies and reinforces what many grassroots leaders have been saying all along: namely, people of color are differentially impacted by industrial pollution and they also can expect different
treatment from the government. Environmental decision making operates at the juncture of science, economics, politics, special interests, and ethics. The question of environmental justice is not anchored in a debate about whether or not decision makers should tinker with risk management. The framework seeks to prevent
environmental threats before they occur. n28 The U.S. Government Accountability Office (formerly the U.S. General Accounting Office) estimates that
there are up to 450,000 brownfields (abandoned waste sites) scattered throughout the urban landscape from New York to California most of which are located in or near low income, working class, and people of color communities. n29 More than 870,000 of the 1.9 million housing units for the poor, who are mostly minorities, sit "within about a mile of factories that reported toxic emissions to the Environmental Protection Agency." n30
More than 600,000 students in Massachusetts, New York, New Jersey, Michigan, and California attend nearly 1200 public schools - with [*379] populations largely made up of African Americans and other children of color - that are located within a half mile of federal Superfund or state-identified contaminated sites. n31 An astounding "68 percent of African Americans live within 30 miles of a coal-fired power plant - the distance within which the maximum effects of the smokestack plume are expected to occur" - compared with 56% of white Americans. n32 In September 2005, the Associated Press (AP) released results from its analysis of an EPA research project showing African
Americans are "79 percent more likely than whites to live in neighborhoods where industrial pollution is suspected of posing the greatest health danger." n33 Using EPA's own data and government scientists, the AP study, More Blacks Live with Pollution, revealed that "in 19 states, blacks were more than twice as likely as whites to live in neighborhoods where air pollution seems to pose the greatest health danger." n34 Hispanics and Asians also are more likely to breathe dirty air in
some regions of the United States. The AP study found that residents of the at-risk neighborhoods were generally poorer and less educated, and unemployment rates in those districts were nearly 20% higher than the national average. Brownfields 1AC
Page 5 of 41
MDL 2008-2009
Race, then, is the basic organizing spatial principle of the extended body of the polity. Fanon points out that
Consciousness of the body . . . is a third-person consciousness.32 Similarly, Gail Weiss has devised the concept of intercorporeality to signify the multiple, reflexive interrelations between our bodies, our perceptions of our bodies, and the reciprocal shaping of those perceptions by seeing ourselves through the perceptions of others: To describe embodiment as intercorporeality is to emphasize that the experience of being embodied is never a private affair, but is always already mediated by our continual interactions with other human and nonhuman bodies. Our body images are thus constructed through a series of corporeal exchanges that take place both within and outside of specific bodies.33 Applying this concept to political theory, one could say that the white members of the body politic continually exchange their whiteness with each other, recognizing each others bodies in the light of their full membership in the polity, and so reciprocally creating that polity. As white, as a full citizen, ones body mirrors the larger body. One walks with confidence in the knowledge that ones citizenship will be recognized, since it is written on ones bodyit is ones body. And the image of the white body politic is then extended through relations of equal intercorporeal recognition throughout a whitened space. There is a macro-body, the
Page 6 of 41
MDL 2008-2009
Mainstream environmentalism is thus the environmentalism appropriate to this bodythe normative body, the white body. Since white space has been historically privileged, white environmentalists can place their emphases on preservation and conservation, slogans appropriate for those whose spaces have benefited from full incorporation into the white macrobody. If the role of the sovereign, as soul (Hobbes) of the body politic, is to maintain the bodys health, then the role of the white sovereign is to ensure the health of the white body. For a state founded on the racial contract, this will mean the differential allocation of resources to the creation and protection of white spaces. And historically, the state has in fact made both space and race, through demarcating by law the populations coded as races, through enforcing segregation, and through divergent treatment of the respective divided spaces. Desmond King, an English political scientist, points out the disingenuousness of a mainstream U.S. political theory that little acknowledges the obvious fact that the federal government constituted a powerful institution upholding arrangements privileging Whites and discriminating against Blacks.34 The racial state acts on behalf of the white citizenry, pouring resources into the privileged white spaces schools, infrastructure, job creation, highways, mortgage assistance, police protectionsince they are our spaces, the spaces that we, the full citizens of the polity, inhabit. So there is no common space, as in the mythical raceless social contract. Rather, there are our spaces and their spaces. But even their spaces are in a sense oursthey are the spaces we concede to them, insofar as (short of outright expulsion) they have to occupy some space. Originally, it is explicit, then, that blacks do not have free range over the topography of the body politic. Rather, they are restricted to second-class spaces, as befitting their second-class, subperson status: Niggertown, Darktown, Bronzeville, the black belt, the ghetto, the inner city, in housing arrangements; and, when they are allowed to enter the public white space, the back of the bus, the seats in the balcony, the crowded car at the end of the train. These spaces become identified as black spaces, and are derogated as such, signaling their nomncorporation in the respectable flesh of the white body politic. King describes how: Prior to the end of segregation, the United States was subnationally a divided polity. Two political systems, mirroring two societies, the one democratic and the other oligarchic, existed side by side. . . . Segregation was an arrangement whereby Black Americans, as a minority, were systematically treated in a separate, but constitutionally sanctioned way. As the NAACP observed, they were treated almost as lepers.35
And this leprous flesh, the boundary of political, moral, and spatial exclusion from the body politic proper, marks the limits of the sovereigns full responsibilities. As derogated space, inhabited by beings of lesser worth, it is a necessary functionalist space analogous to the body parts below the belt, the ones we keep hidden. Since the normative body is the white body, the black body, or the unavoidable black parts of the white bodyits waste products, its excretaneed to be kept out of white sight. White space needs to be maintained in its character as white and preserved from contamination by the ever- threatening dark spaceevil, shitty, savage, subproletananized. On the collective white macro-body, these spaces are literally blots on the landscape that we have to tolerate but that must not be allowed to trespass beyond their borders. The politics of racial space then requires that the line be drawn, the boundaries not crossed. These spaces must stay in their place. The racial contract is in part an agreement to maintain certain spatial relations, a certain spatial regime, the incarnation of the white body politic, the physical manifestation of the white Leviathan.
In this revised conceptual framework, then, it becomes unsurprising that the United Church of Christs Commission for Racial Justice found in the first national study on the topic (1987):
Race is the single most important factor (i.e., more important than income, home ownership rate, and property values) in the location of abandoned toxic waste sites.36 Some black residents of these areas feel We dont have the complexion for protection.37 A national investigation (1992) by the National Law Journal of Enviromnental Protection Agency cleanup efforts concluded that the average fine imposed on polluters in white areas was 506 percent higher than the average fine imposed in minority communities and that cleanup took longer in minority communities, even though the efforts were often less intensive than those performed in white neighborhoods.38
Page 7 of 41
MDL 2008-2009
Page 8 of 41
MDL 2008-2009
Finally, environmental justice must be the chief imperative of our energy policy systematic environmental racism ensures global environmental collapse and the extinction of all humanity Bunyan Bryant, Professor in the School of Natural Resources and Environment, and an adjunct professor in the Center for Afro-American and African Studies at the University of Michigan, 1995, Environmental Justice: Issues,
Policies, and Solutions, p. 209-212
Although the post-World War II economy was designed when environmental consideration was not a problem, today this is no longer the case; we must be concerned enough about environmental protection to make it a part of our economic design. Today, temporal and spatial relations of pollution have drastically changed within the last 100 years or so. A hundred years ago we polluted a small spatial area and it took the earth a short time to heal itself. Today we pollute large areas of the earth as evidenced by the international problems of acid rain, the depletion of the ozone layer, global warming, nuclear meltdowns, and the difficulties in the safe storage of spent fuels from nuclear power plants. Perhaps we have embarked upon an era of pollution so toxic and persistent that it will take the earth in some areas thousands of years to heal itself. To curtail environmental pollutants, we must build new institutions to prevent widespread destruction from pollutants that know no geopolitical boundaries. We need to do this because pollutants are not respectful of international boundaries; it does little good if one country practices sound environmental protection while its neighbors fail to do so. Countries of the world are intricately linked together in ways not clear 50 years ago; they find themselves victims of environmental destruction
even though the causes of that destruction originated in another part of the world. Acid rain, global warming, depletion of the ozone layer, nuclear accidents like the one at Chernobyl, make all countries vulnerable to environmental destruction.
The cooperative relations forged after World War II are now obsolete. New cooperative relations need to be agreed upon cooperative relations that show that pollution prevention and species preservation are inseparably linked to economic development and survival of planet earth. Economic development is linked to pollution prevention even though the market fails to include the true cost of pollution in its pricing of products and services; it fails to place a value on the destruction of plant and animal species. To date, most industrialized nations, the high polluters, have had an incentive to pollute because they did not incur the cost of producing goods and services in a nonpolluting manner. The world will have to pay for the true cost of production and to practice prudent stewardship of our natural resources if we are to sustain ourselves on this planet. We cannot expect Third World countries to participate in debt-for-nature swaps as a means for saving the rainforest or as a means for the reduction of greenhouse gases, while a considerable amount of such gases come from industrial nations and from fossil fuel consumption. Like disease, population growth is politically, economically, and structurally determined. Due to inadequate income maintenance programs and social security, families in developing countries are more apt to have large families not only to ensure the survival of children within the first five years, but to work the fields and care for the elderly. As development increases, so do education, health, and birth control. In his chapter, Buttel states that ecological development and substantial debt forgiveness would be more significant in alleviating Third World environmental degradation (or population problems) than ratification of any UNCED biodiversity or forest conventions. Because population control programs fail to address the structural characteristics of poverty, such programs for developing countries have been for the most part dismal failures. Growth and development along ecological lines have a better chance of controlling population growth in developing countries than the best population control programs to date. Although population control is important, we often focus a considerable amount of our attention on population problems of developing countries. Yet there are more people per square mile in Western Europe than in most developing countries. During his/her lifetime an American child causes 35 times the environmental damage of an Indian child and 280 times that of a Haitian child (Boggs, 1993: 1). The addiction to consumerism of highly industrialized countries has to be seen as a major culprit, and thus must be balanced against the benefits of population control in Third World countries.
Page 9 of 41
MDL 2008-2009
must, indeed, be able to respond to the rapid changes that reverberate throughout the world. If they fail to change, then we will surely meet the fate of the dinosaur. The Soviet Union gave up a system that was unworkable
in exchange for another one. Although it has not been easy, individual countries of the former Soviet Union have the potential of reemerging looking very different and stronger. Or they could emerge looking very different and weaker. They could become societies that are both socially and environmentally destructive or they can become societies where people have decent jobs, places to live, educational opportunities for all citizens, and sustainable social structures that are safe and nurturing. Although North Americans are experiencing economic and social discomforts, we too will have to change, or we may find ourselves engulfed by political and economic forces beyond our control. In 1994, the out-sweeping of Democrats from national offices may be symptomatic of deeper and more fundamental problems. If the mean-spirited behavior that characterized the 1994 election is carried over into the governance of the country, this may only fan the flames of discontent. We may be embarking upon a long struggle over ideology, culture, and the very heart and soul of the country. But despite all the political turmoil, we must take risks and try out new ideas ideas never dreamed of before and ideas we thought were impossible to implement. To implement these ideas we must overcome institutional inertia in order to enhance intentional change. We need to give up tradition and business as usual. To view the future as a challenge and as an opportunity to make the world a better place, we must be willing to take political and economic risks. The question is not growth, but what kind of growth, and where it will take place. For example, we can maintain current levels of productivity or become even more productive if we farm organically. Because of ideological conflicts, it is hard for us to view the Cuban experience with an unjaundiced eye; but we ask you to place political differences aside and pay attention to the lyrics of organic farming and not to the music of Communism. In other words, we must get beyond political differences and ideological conflicts; we must find success stories of healing the planet no matter where they exist be they in Communist or non-Communist countries, developed or underdeveloped countries. We must ascertain what lessons can be learned from them, and examine how they would benefit the world community. In most instances, we will have to chart a new course. Continued use of certain technologies and chemicals
that are incompatible with the ecosystem will take us down the road of no return. We are already witnessing the catastrophic destruction of our environment and disproportionate impacts of environmental insults on communities of color and low-income groups. If such destruction continues, it will undoubtedly deal harmful blows to our social, economic, and political institutions. As a nation, we find ourselves in a house divided, where the cleavages between the races are in fact getting worse. We find ourselves in a house divided where the gap between the rich and the poor has increased. We find ourselves
in a house divided where the gap between the young and the old has widened. During the 1980s, there were few visions of healing the country. In the 1990s, despite the catastrophic economic and environmental results of the 1980s, and despite the conservative takeover of both houses of Congress, we must look for glimmers of hope. We must stand by what we think is right and defend our position with passion. And at times we need to slow down and reflect and do a lot of soul searching in order to redirect ourselves, if need be. We must chart out a new course of defining who we are as a people, by redefining our relationship with government, with nature, with one another, and where we want to be as a nation. We need to find a way of expressing this definition of ourselves to one another. Undeniably we are a nation of different ethnic groups and races, and of multiple interest groups, and if we cannot live in peace and in harmony with ourselves and with nature it bodes ominously for future world relations.
Because economic institutions are based upon the growth paradigm of extracting and processing natural resources, we will surely perish if we use them to foul the global nest. But it does not have to be this way. Although sound environmental policies can be compatible with good business practices and quality of life, we may have to jettison the moral argument of environmental protection in favor of the self-interest argument, thereby demonstrating that the survival of business enterprises is intricately tied to good stewardship of natural resources and environmental protection. Too often we forget that short-sightedness can propel us down a narrow path, where we are unable to see the long-term effects of our actions.
Page 10 of 41
MDL 2008-2009
concern about local sustainability beyond geopolitical boundaries, because dumping in Third World countries or in the atmosphere today will surely haunt the world tomorrow. Ideas presented here may irritate some and dismay others, but we need to make some drastic changes in our lifestyles and institutions in order to foster environmental justice. Many of the policy ideas mentioned in this book have been around for some time, but they have not been implemented. The struggle for environmental justice emerging from the people of color and low-income communities may provide the necessary political impulse to make these policies a reality. Environmental justice provides opportunities for those most affected by environmental degradation and poverty to make policies to save not only themselves from differential impact of environmental hazards, but to save those responsible for the lions share of the planets destruction. This struggle emerging
from the environmental experience of oppressed people brings forth a new consciousness a new consciousness shaped by immediate demands for certainty and solution. It is a struggle to make a true connection between humanity and nature. This struggle to resolve environmental problems may force the nation to alter its priorities; it may force the nation to address issues of environmental justice and, by doing so, it may ultimately result in a cleaner and healthier environment for all of us. Although we may never eliminate all toxic materials from the production cycle, we should at least have that as a goal.
Page 11 of 41
MDL 2008-2009
Thus, the plan: The United States federal government should substantially increase all necessary incentives to promote and pursue alternative energy development on Environmental Protection Agency designated brownfields in the United States.
Page 12 of 41
MDL 2008-2009
And, alternative energy is the key Brightfields, or brownfield projects using alternative energy, are key to reversing the cycle of urban abandonment the plan is key to creating a model that spills over to other urban renewal projects. ONLY Brightfields projects create environmental justice and sustainability Moskal 03 [John, U.S. Environmental Protection Agency, April, Brockton Brightfields: InnovativeGreen Power
Marketing Pilot, http://www.epa.gov/swerrims//docs/iwg/BrocktonBrightfieldsfinal.pdf] Monetizing the environmental benefits of various projects has been a long-standing environmental challenge. The innovative financing and growth concepts proposed by this pilot seek to provide a carrot to encourage the market to support long-term contracts for RECs, thereby monetizing them for purposes of supporting financing and revenue forecasts. The specific innovative elements include the use of excess cash flows to fund capacity expansions and provide rights to the associated increases in REC output to customers that enter into long-term contracts. In addition, Brightfields are themselves an innovative use of blighted brownfields that might not otherwise be redeveloped because of their limited reuse potential. BENEFITS The project will develop a clean energy source on an abandoned industrial property with few other development options, and no development options as sustainably desirable as the Brightfield (no emissions, noise or traffic). Further, beautification efforts on the site perimeter will transform a blighted property into a community asset. This model will enable Brockton to expand its project by reinvesting in generation assets. There are even greater benefits to the state and EPA in that Brocktons experience will help to grow the market for renewable energy while creating a replicable model for other communities. Growth of the green power market has clear environmental and public health benefits for all stakeholders.
Page 13 of 41
MDL 2008-2009
Page 14 of 41
MDL 2008-2009
Page 15 of 41
MDL 2008-2009
Page 16 of 41
MDL 2008-2009
Cleanup Cost Cap policies protect against cost-overruns on pollution containment and removal actions. These overruns may result either from unexpected costs to address known conditions or from contaminants not identified when the cleanup was designed and approved. The policies normally can be acquired for a short time period, since they are intended to cover the actual period of remediation. Some cleanups, such as those that rely on phytoremediation (using plants to gradually neutralize toxics in the soil) or those that involve extended pump and filtering operations (for contaminated groundwater), may require longer term policies. Pollution Liability policies provide the insured party with protection against lawsuits involving any of the special brownfield risks, regardless of the claimant, and includes coverage for both damages and legal defenses against lawsuits. This form of coverage is usually acquired for an extended period. Policies may be written so that successive owners inherit the protection and are constructed to cover both regulatory agency and third party claims. This extended protection contributes to maintaining the value of the property in successive transactions, despite its possible history of past contamination. Secured Creditor policies protect lenders against loss of principal for brownfield loans in the event of defaults, eliminating any need for foreclosures. These policies do not protect developers or new owners from risks, so other forms of coverage may be needed by those undertaking redevelopment if they hace concerned about their liabilities. The policy term purchased is generally the term of the loan. Banks and other lenders can buy policies themselves, passing the cost on to borrowers, or may demand that borrowers obtain coverage as a condition for lending.
Page 17 of 41
MDL 2008-2009
Bullard 99 (Robert D, Ware Distinguished Professor of Sociology and Director of the Environmental Justice
Resource Center at Clark Atlanta University, Dismantling environmental racism in the USA, Local Environment, Feb99, Vol. 4, Issue 1, Academic Search Premier) The environmental protection apparatus in the USA does not provide equal protection for all communities. The current paradigm institutionalises unequal enforcement, trades human health for profit, places the burden of proof on the 'victims' and not on the polluting industry, legitimates human exposure to harmful chemicals, pesticides and hazardous wastes, promotes 'risky' technologies, exploits the vulnerability of economically and politically disenfranchised communities and nations, subsidises ecological destruction, creates an industry around risk assessment and delays clean-up actions, and fails to develop pollution prevention, waste minimisation and cleaner production strategies as the overarching and dominant goal. The environmental justice movement emerged in response to environmental inequities, threats to public health, unequal protection, differential enforcement and disparate treatment received by the poor and people of colour. This movement has redefined environmental protection as a basic right. It has also emphasised pollution prevention, waste minimisation and cleaner production techniques as strategies to achieve environmental justice for all Americans without regard to race, colour, national origin or income. ( ) Race explains environmental injustice independent of class several studies prove
Bullard 99 (Robert D, Ware Distinguished Professor of Sociology and Director of the Environmental Justice
Resource Center at Clark Atlanta University, Dismantling environmental racism in the USA, Local Environment, Feb99, Vol. 4, Issue 1, Academic Search Premier) Numerous studies reveal that low-income persons and people of colour have borne greater health and environmental risk burdens than the society at large (Mann, 1991; Goldman, 1991; Goldman & Fitten, 1994). Elevated public health risks have been found in some populations even when social class is held constant. For example, race has been found to be independent of class in the distribution of air pollution, contaminated fish consumption, municipal landfills and incinerators, abandoned toxic waste dumps, the clean-up of superfund sites and lead poisoning in children (Commission for Racial Justice, 1987; Agency for Toxic Substances and Disease Registry, 1988; West et al., 1992; Bryant & Mohai, 1992; Lavelle & Coyle, 1992; Goldman & Fitten, 1994; Pirkle et al., 1994). Childhood lead poisoning is another preventable disease that has not been eradicated. Figures reported in the July 1994 Journal of the American Medical Association from the Third National Health and Nutrition Examination Survey (NHANES III) revealed that 1.7 million children (8.9% of children aged 1-5) are lead poisoned, defined as having blood levels equal to or above 10 microg/dl. The NHANES III data found African-American children to be lead poisoned at more than twice the rate of white children at every income level (Pirkle et al., 1994). Over 28.4% of all low-income African-American children were lead poisoned compared to 9.8% of all low-income white children. During the time-period between 1976 and 1991, the decrease in blood lead levels for AfricanAmerican and Mexican-American children lagged far behind that of white children.
Page 18 of 41
MDL 2008-2009
Page 19 of 41
MDL 2008-2009
Page 20 of 41
MDL 2008-2009
Page 21 of 41
MDL 2008-2009
Pepper 98 [Edith M., Strategies for Promoting Brownfield Reuse in California A Blueprint for Policy Reform,
October, http://www.cclr.org/pdfs/PolPaper02.pdf] The U.S. General Accounting Office reports that there are roughly 450,000 brownfield sites nationwide. Although typically associated with the more heavily industrialized rust belt states in the Northeast and Midwest, brownfields are peppered throughout California. Estimates vary considerably from 38,000 to 93,000 sites but regardless of the true number, the challenge is formidable. San Francisco alone hosts 5,000 to 15,000 idle brownfields, depriving the city of $16 million to $100 million in tax revenues.
Page 22 of 41
MDL 2008-2009
Pepper 98 [Edith M., Strategies for Promoting Brownfield Reuse in California A Blueprint for Policy Reform,
October, http://www.cclr.org/pdfs/PolPaper02.pdf] Left unaddressed, brownfields pose lingering public health threats, exacerbate neighborhood blight, and serve as magnets for drug dealing and other criminal activity. They typically generate little if any local tax revenues, causing area schools and public services to suffer greatly. When brownfields languish for years, the surrounding neighborhood eventually begins to erode as well a process that is often characterized by the deterioration of older infrastructure, such as roads and water and sewer lines. The trend in California and elsewhere has been to leave these struggling areas behind and push outward to ever greener pastures, installing new infrastructure and schools in emerging communities while turning our back on existing ones. This pattern is not sustainable from an economic or environmental standpoint over the long haul. In recent years, the plight of brownfields has captured the national spotlight. At every level of government, it seems, there is a growing recognition that through brownfield redevelopment, we can begin to chip away at a host of pressing and seemingly entrenched urban problems crime, poor housing, unemployment, poverty while also helping to curb the pace of urban sprawl.
Page 23 of 41
MDL 2008-2009
Bullard 2, (Joseph, Director of the Environmental Justice Resource Center at Clark Atlanta University, http://209.85.173.104/search?
q=cache:S0SkCJTUZKoJ:www.ejrc.cau.edu/PovpolEj.html+environmental+racism+impact&hl=en&ct=clnk&cd=1&gl=us)
People of color around the world must contend with dirty air and drinking water, and the location of noxious facilities such as municipal landfills, incinerators, hazardous waste treatment, storage, and disposal facilities owned by private industry, government, and even the military.[3] These environmental problems are exacerbated by racism. Environmental racism refers to environmental policy, practice, or directive that differentially affects or disadvantages (whether intended or unintended) individuals, groups, or communities based on race or color. Environmental racism is reinforced by government, legal, economic, political, and military institutions. Environmental racism combines with public policies and industry practices to provide benefits for the countries in the North while shifting costs to countries in the South. [4] Environmental racism is a form of institutionalized discrimination. Institutional discrimination is defined as "actions or practices carried out by members of dominant (racial or ethnic) groups that have differential and negative impact on members of subordinate (racial and ethnic) groups." [5] The United States is grounded in white racism. The nation was founded on the principles of "free land" (stolen from Native Americans and Mexicans), "free labor" (African slaves brought to this land in chains), and "free men" (only white men with property had the right to vote). From the outset, racism shaped the economic, political and ecological landscape of this new nation. Environmental racism buttressed the exploitation of land, people, and the natural environment. It operates as an intra-nation power arrangement-especially where ethnic or racial groups form a political and or numerical minority. For example, blacks in the U.S. form both a political and numerical racial minority. On the other hand, blacks in South Africa, under apartheid, constituted a political minority and numerical majority. American and South African apartheid had devastating environmental impacts on blacks.
Page 24 of 41
MDL 2008-2009
Radioactive Colonialism and Threatened Native Lands. There is a direct correlation between exploitation of land and exploitation of people. It should not be a surprise to anyone to discover that Native Americans have to contend with some of the worst pollution in the United States. [24] Native American nations have become prime targets for waste trading. [25] The vast majority of these waste proposals have been defeated by grassroots groups on the reservations. However, "radioactive colonialism" is alive and well. Winona LaDuke sums up this "toxic invasion" of Native lands as follows: While Native peoples have been massacred and fought, cheated, and robbed of their historical lands, today their lands are subject to some of most invasive industrial interventions imaginable. According to the Worldwatch Institute, 317 reservations in the United States are threatened by environmental hazards, ranging from toxic wastes to clearcuts. Reservations have been targeted as sites for 16 proposed nuclear waste dumps. Over 100 proposals have been floated in recent years to dump toxic waste in Indian communities. Seventy-seven sacred sites have been disturbed or desecrated through resource extraction and development activities. The federal government is proposing to use Yucca Mountain, sacred to the Shone, a dumpsite for the nation's high-level nuclear waste.
Page 25 of 41
MDL 2008-2009
Page 26 of 41
MDL 2008-2009
Page 27 of 41
MDL 2008-2009
08, Gentrification: Not Ousting the Poor? Time, June 29, 2008, http://www.time.com/time/printout/0,8816,1818255,00.html People tend to think gentrification goes like this: rich, educated white people move into a low-income minority neighborhood and drive out its original residents, who can no longer afford to live there. As it turns out, that's not typically true. A new study by researchers at the University of Colorado at Boulder, University of Pittsburgh and Duke University,
examined Census data from more than 15,000 neighborhoods across the U.S. in 1990 and 2000,
households did not disproportionately leave gentrifying areas. In fact, researchers found that at least one group of residents, high schooleducated blacks, were actually more likely to remain in gentrifying neighborhoods than in similar neighborhoods that didn't gentrify even increasing as a fraction of the neighborhood population, and seeing larger-than-expected gains in income.
Those findings may seem counterintuitive, given that the term "gentrification," particularly in cities like New York and San Francisco, has become synonymous with soaring rents, wealthier neighbors and the dislocation of low-income residents. But
suggests, the popular notion of the yuppie invasion is exaggerated. "We're not saying there aren't communities where displacement isn't happening," says Randall Walsh, an associate professor of economics at the University of Pittsburgh and one of the study's authors. "But in general, across all neighborhoods in the urbanized parts of the U.S., it looks like gentrification is a pretty good thing." The researchers found, for example, that income gains in gentrifying neighborhoods usually defined as low-income urban areas that
undergo rises in income and housing prices
were more widely dispersed than one might expect. Though college-educated
whites accounted for 20% of the total income gain in gentrifying neighborhoods, black householders with high school degrees contributed even more: 33% of the neighborhood's total rise. In other words, a broad demographic of people in the neighborhood benefited financially. According to the study's findings, only one group black residents who never finished high school saw their income grow at a slower rate than predicted. But the study also suggests that these residents weren't moving out of their neighborhoods at a disproportionately higher rate than from similar neighborhoods that didn't gentrify. Gentrification encourages diverse neighborhoods
Barbara Kiviat,
08, Gentrification: Not Ousting the Poor? Time, June 29, 2008, http://www.time.com/time/printout/0,8816,1818255,00.html This study isn't the first to come to that conclusion. A 2005 paper published in Urban Affairs Review by Lance Freeman, an assistant professor of urban planning at Columbia University, looked at a nationwide sample of neighborhoods between 1986
and 1989 and
found that low-income residents tended to move out of gentrifying areas at essentially the same
frequency they left other neighborhoods. The real force behind the changing face of a gentrifying community, Freeman concluded, isn't displacement but succession. When people move away as part of normal neighborhood turnover, the people who move in are generally more affluent. Community advocates may argue that succession is just another form of exclusion if low-income people can't afford to move in but, still, it doesn't exactly fit the popular perception of individuals being forced from their homes. Page 28 of 41
MDL 2008-2009
Minkus 7 (Michael J., J.D. Candidate, 2008 Golden Gate University School of Law, San Francisco, Fighting Uncertainty: Municipal Partnerships with
Redevelopment Agencies can Mitigate Uncertainty to Encourage Brownfield Redevelopment, Golden Gate University Environmental Law Journal, Lexis)
Brownfields offer a means of curbing urban sprawl and development of greenfields, undeveloped land outside cities. n2 Building [*269] on brownfields can revitalize cities and curb suburban growth by increasing the tax base, developing unused or blighted areas, and eliminating pollution. Globally, infill development - building inside cities - is a means of addressing two significant challenges that cities are not well-equipped to handle: the global shift in manufacturing away from the United States n3 and global warming. n4 Brownfields are not dispersed evenly. Former cities of industry, now in decline, have greater numbers of brownfields and disproportionately bear the burden of the flight of manufacturing from the United States. n5 Global climate change remains a problem far surpassing the scales of city government. Infill development can increase population density and is one way cities can curb suburban growth. This can reduce commutes, decrease traffic congestion, and contribute to carbon reduction. Compact urban development saves gas and solves global warming
Many of the keys to this development and energy equation are described and quantified in a new Urban Land Institute and Smart Growth America report, Growing Cooler: The Evidence on Urban Development and Climate Change. The report, which reviews over 100 previous studies on transportation, energy, and development patterns, finds that compact urban development saves between 20 and 40 percent of vehicle miles traveled (VMT) relative to less dense suburban development, with almost parallel reductions in greenhouse gases. Importantly, the findings do not rest on theoretical models. The blunt conclusion is that with well-planned compact communities, people do drive substantially less. Further, the case for sustainable urban redevelopment as a climate change solution does not end with green buildings and lowered VMTs. It takes less energy to build and maintain urban infrastructure than to extend it to new development sites in the suburbs. Rehabilitation of old buildings takes less energy than building new ones. There is less line-loss in distributing electricity to already-serviced urban centers than to the far flung exurbs. Dense multi-story buildings, typical of urban in-fill, are more energy efficient because there are fewer exposed walls. Lastly, some urban downtowns are serviced by alternative energy sources such as waste-to-energy plants and district heating systems that further lower greenhouse gases and reduce oil dependence.
Page 29 of 41
MDL 2008-2009
the federal governmentwhose programs, policies, and regulations form the foundation on which many state, local, and private development finance initiatives are builtmust play a stronger, more visible role if financing for brownfield reuse is to become available more widely.
can find creative ways to help enterprises overcome reuse challenges with policies ranging from regulatory clarification for loan workouts to direct financial program assistance. However,
Incentives lead to Brownfield development Dylewski 1 (Faith R., Ohio Environmental and Natural Resource Lawyer, OHIO'S BROWNFIELD PROBLEM
AND POSSIBLE SOLUTIONS: WHAT IS REQUIRED FOR A SUCCESSFUL BROWNFIELD INITIATIVE?, Akron Law Review, 35 Akron L. Rev. 81, p. lexis) Most brownfield projects are too costly for private developers to undertake without financial assistance of some form. 212 The cost of audits and assessments alone may be enough to deter a developer from considering a brownfield site. 213 If a developer does decide to pursue redevelopment of a brownfield, a lack of willing lenders may prevent the project from coming to fruition. 214 The EPA pilot program illustrates that a relatively small sum can be expended in order to select candidate sites for remediation, conduct initial audits and assessments to determine the feasibility of a project, and to formulate a plan based on the input of the various stakeholders. 215 Funding can be used to alleviate some of the [*112] costs associated with the initial stages of development in order to attract private investors. 216 New York passed a bond act in 1996, 217 similar to Ohio's Issue One, that allocated 200 million dollars for brownfield remediation within the state. 218 The Act, known as Title V, provides grants to assist in brownfield restoration by reimbursing municipalities 219 for cleanup expenses, and by providing liability releases once the site is cleaned. 220 Title V is intended to compliment New York's voluntary cleanup program. 221
Current federal incentives arent enough expanded financial incentives key to wide-scale redevelopment Bartsch 1 (Charles, Senior Policy analyst Northeast-Midwest Institute, Financing Brownfield Cleanup and
Redevelopment, online: http://www.nemw.org/brownfin.htm ) In short, site assessment and cleanup require financial resources that many firms lack and find difficult to secure. Without financing, private reuse projects cannot go forward, further undermining efforts to revitalize distressed areas. With their recent proposals, members of Congress and federal agency officials have begun to grapple with the complex financial and technical issues surrounding cleanup and reuse of contaminated sites and facilities. Although these proposals do not address all critical concerns and important details remain to be worked out, they suggest a willingness to consider varied and new approaches to the thorny question of brownfield finance.
Page 30 of 41
MDL 2008-2009
Tax credits solve developers will redevelop brownfields to use or sell them Green 4 (Emily A, J.D. Candidate, Wayne State University School of Law, THE RUSTBELT AND THE
REVITALIZATION OF DETROIT: A COMMENTARY AND CRITICISM OF MICHIGAN BROWNFIELD LEGISLATION, The Journal of Law in Society, 5 J.L. Socy 611, Winter, LN) The principal concern of developers is generating profits. In Detroit, the market for brownfield redevelopment is virtually non-existent absent financial incentives. One such incentive, the single business tax credit, is attractive to developers because it can be used by the developer or sold. 247 As previously mentioned, there currently exist ways for a developer to qualify for more than one tax credit. Other funding sources, such as CMI, could also be increased, but available dollar amounts are subject to change on an annual basis, leaving funds susceptible to budget fluctuations. 248 Because CMI was itself funded by a lump sum, it will inevitably run out unless the program either receives more funding from the legislature or another means of contribution is written into the program. A rough estimate is that as of 2003, there may only be enough CMI funds remaining for another year or two. 249
Tax incentives key to brownfield redevelopment Bartsch 1 (Charles, Senior Policy analyst Northeast-Midwest Institute, Financing Brownfield Cleanup and
Redevelopment, online: http://www.nemw.org/brownfin.htm ) By attracting investment and providing a cash-flow cushion for companies, federal tax incentives could help promote brownfield redevelopment. Like historic rehabilitation tax credits, incentives focused on environmental cleanup and site reuse would help level the economic playing field between old brownfield sites and new greenfield locations. To limit their costs, tax incentives could be targeted in various waysto economically distressed areas with demonstrated potential for productive reuse, to orphan sites, or to publicly-owned sites. Lawmakers are developing draft legislation for two tax-incentive approaches. Environmental remediation tax credits could offset a variety of costs, such as site characterization and cleanup. After the Northeast-Midwest Congressional Coalition's December 1994 forum in Pittsburgh,
Rep. William Coyne (D-PA) developed a draft proposal to authorize an environmental remediation credit equal to 75 percent of the costs for carrying out a cleanup plan that has been approved either by the U.S. Environmental Protection Agency (EPA) or another designated body (i.e., a state agency administering a voluntary cleanup program. Rep. Coyne, who intends to introduce
this credit to sites with "a strong likelihood of redevelopment" and that would likely remain dormant without the financing assistance. Site remediation activities could become eligible for some form of taxexempt industrial development bond (IDB) financing. Such a tax incentive has the effective result of lowering the cost of capital needed to carry out a project. Environmental remediation activitiessite characterization, cleanup, and preparation activitiesform an integral part of many manufacturing projects, which are acceptable small-issue IDB activities. Rep. Coyne also is circulating a draft proposal to clarify the use of so-called "qualified redevelopment bonds" (one type of IDB issuance) to specifically permit their use
legislation soon, would target for environmental remediation, including "the clearing and preparation for development of land" acquired by a unit of government. Once federal statutes recognize site remediation activities as eligible uses, states could make brownfield projects a priority within their own IDB volume allocation procedures
Page 31 of 41
MDL 2008-2009
Page 32 of 41
MDL 2008-2009
Page 33 of 41
MDL 2008-2009
Page 34 of 41
MDL 2008-2009
EPA 8 (Incorporating Sustainable Environmental Practices into Remediation of Contaminated Sites, EPA Office of Solid Waste and
Emergency Response, April, http://www.brownfieldstsc.org/pdfs/green-remediation-primer.pdf)
Increasing numbers of communities are examining opportunities for integrating renewable energy production into a contaminated sites long-term viability and reuse. Site revitalization involving production of electricity for utility distribution requires installation of co-located utility-scale (100-kW or more) turbines to form a wind farm (wind power plant). A wind farm is best suited to areas with wind speeds averaging at least 13 mph. A one-megawatt (MW) turbine can generate 2.4-3 million kWh annually; a 5-MW turbine can produce more than 15 million kWh annually. Capital and installation costs range according to factors including economy of scale and site-specific conditions such as terrain. Integration of utility-scale energy production in site reuse considers efficiencies as well as economic factors. Commercial wind turbines average a mechanical and electric conversion efficiency of approximately 90%, and an aerodynamic efficiency of approximately 45%. In contrast, the average efficiency of electricity generating plants in the United States averages approximately 35%; over two-thirds of the input energy is wasted as heat into the environment. Over the last 20 years, the cost of electricity from utility-scale wind systems has dropped more than 80%, from an earlier high of approximately 80 cents per kWh. With the use of production tax credits, modern wind power plants can generate electricity for 4-6 cents/kWh, which is competitive with the cost of new coal- or gas-fired power plants. Energy and Efficiency Considerations Incorporating Sustainable Environmental Practices into Remediation of Contaminated Sites 29
Page 35 of 41
MDL 2008-2009
So why hasnt solar energy become our number one power source? Mainly because right now it costs more money to make electricity from PV panels (at non-peak times) than from other sources, and because most people dont have the opportunity to purchase electricity made from the sun unless they can afford to install their own PV panels at home. In this article, Ill cover a few of the efforts being made in Illinois to bring the price of solar energy down, and make it available to anyone who wants to buy it, as well as some of the economic development benefits that renewable energy projects can bring to urban and rural areas. Spire Solar and "Brightfields" in Chicago Two years ago, Chicago became the first city in the country to host a "Brightfields" project. An innovative program developed by Dan Reicher, former Assistant Secretary for Renewable Energy at the U.S. Department of Energy (DOE), the Brightfields Initiative brought together various governmental agencies and private businesses in partnerships to rehabilitate contaminated industrial brownfields into productive sites for renewable energy development. In Chicago, the
former home of the Sacramento Crushing Corporation at 445 N. Sacramento Blvd. on the citys west side is being transformed into a new stateof-the-art, energy efficient facility that will house the solar photovoltaic module manufacturer Spire Solar Chicago. A combination of city, state, and federal tax breaks and other incentives were pooled to make the Spire Solar Brightfields Project possible, creatively facilitated by the DOE. The city and ComEd agreed to help provide a ready market for Spire Solar Chicagos products, committing up front to purchasing $8 million worth of PV modules. Spire Solar, in turn, agreed to install and service these modules, as well as manufacture them. By the end of June, Spire Solar Chicago will have installed about 160 peak kilowatts of solar energy production capacity on Chicago buildings or enough to power thirty to thirty-five homes a year, according to Mark Burger of Spire Solar Chicago. So far, the proud Chicago recipients of Spire Solar PV modules have included the Reilly School, ComEds North Commercial Center, the Peggy Notebaert Nature Museum, the Field Museum, Brentano School, Bouchet School, and the Casa Aztlan Community Center. Spire plans to put up 400 to 500 more peak kilowatts worth of PV systems through the end of the year, weather permitting; on the list are at least two more schools, three more museums, one city building, and two housing developments (see "Chicago Institutions Go Solar"). Spire has also been receiving calls from businesses and residences interested in PV systems. "So far," Mr. Burger said, "weve had our greatest successes with new construction and extensive rehabs, where solar PV systems can be designed into the construction process." Individuals and businesses can apply for rebates or grants for renewable energy
projects through Illinois Department of Commerce and Community Affairs; the rebates will fund up to 50 percent of the cost of solar thermal systems, up to a maximum of $5,000, and up to 60 percent of the cost of PV cells and panels, up to $5,000,
provided the systems are between 500 watts and two kilowatts in size (see below for contact information). The federal government currently offers a 10 percent investment tax credit to businesses that purchase solar equipment to generate electricity or heat, and there is a proposal in Congress to establish a 15 percent tax credit for individuals, up to $1,000 for solar water heating systems and $2,000 for rooftop photovoltaic systems. (If that sounds good to you, you might want to let your U.S. representative and senators know you support it.)
Page 36 of 41
MDL 2008-2009
Page 37 of 41
MDL 2008-2009
Page 38 of 41
MDL 2008-2009
Page 39 of 41
MDL 2008-2009
Page 40 of 41
MDL 2008-09
Page 41 of 41