A federal judge stopped construction of a mine due to its potential impacts on Indigenous lands. The Hualapai tribe is suing to stop a mine that produces lithium and threatens a water supply. The EPA is being sued by an environmental group for not enforcing air pollution laws. Randolph residents also resisted the proposal of a natural gas generator station, which they claim will worsen already toxic air.
What those incidents have in common, activists say, arehistorically disenfranchised communitiesnegatively affected by pollution and climate change seeking environmental justice.
The idea has been growing in Arizona for years, where mining and industrial activities have left behind polluted legacys in low-income urban areas and on tribal lands throughout the state.
It has been noticed by local and national leaders who have wooed communities for their support despite opposition from industry groups as well as elected officials who are skeptical about more regulation. Those leaders want to enact new laws thatcould put in place some of themost sweepingenvironmentallaws ina generation.
Rep. Raul Gonzalez, D-Ariz., is the House Committee on Natural Resources’ chair. He has traveled across the country to highlight the benefits of legislation that will help communities get a seat in the table for projects that have an impact on their communities.
Some lawmakers and environmental advocates hope that the legislation will fill in some of the gaps left behind by the currently-stalledBuild back Better Act. However, it is not a complete replacement. The Environmental Justice for All Act would make federal project starting more equitable and holistic, say supporters. The bill would require federal agencies to increaseinclusiveness and seek input from communities affected byenvironmental projects before they even begin.
Protesters gathered at the Arizona capitol to demand that leaders act on climate change. State Rep. Morgan Abraham, former Senator Kirsten Engel, as well as health advocates called on President Biden for stronger air protections to reduce power plant pollution.
Activists believe such actions are crucial now. According to a report by the National Lung Association, more than 6 million Arizonans live near areas with poor air quality and dangerous levels of particulate matter.
At-risk groups, such as the elderly, low-income residents, and people of color, are three-and-half times more likely than individuals who live in affluent areas to live in areas that have received a failingairqualitygrade in the report.
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Poor water quality can lead to similar disparities. High concentrations ofarsenic fluoride are frequently found inmarginalized communities,especially tribal lands.Numerous mining projects, including lithium minesonHualapai tribal land, threatenaquifers and sacred sites.
Grijalva said that his history with frontline communities and environmental justice was very local. He spoke at an event in Tucson. “All we knew was the impacted communities…were predominantly working-class, poor, and primarily of color.”
Bill would give more people a voice
Grijalva and other leaders will have their way. A slew new laws will make it easier to weigh in for those affected by hazardous projects and make it harder for future administrations. Grijalva pointed out that executive orders are subject to the political will of the person in power at the time.
He helped to create something more permanent by laying the foundation for an environmental justice bill in 2015. He led a Democratic Forum on Environmental Justice Los Angeles. He has been an advocate for environmental racism prevention since then. Activists claim that his work and that of co-sponsor Rep. Donald McEachin (D-Va.), has been crucial in building support for environmental justice legislation in Congress.
McEachin and Grijalva have spent the past two and a half years creating their latest piece legislation. HR2021.
Advocacy groups and representatives from communities seeking environmental justice were also included in the drafting process. Over 350 comments were received from leaders and citizens, who shared their views on what their communities need and how the federal permitting process can be improved.
The eight key principles of the report are listed in the document. They are all based on strengthening environmental laws, creating inclusive, collaborative communities engagement that would allow private citizens be involved in projects that impact their community.
The first tenet would reinstate a Title VI provision of the CivilRightsAct to prohibit projects that adversely impact marginalized communities. The second, and most significant provision of the Act, according to supporters, would require consideration about cumulative impacts for projects that require permits under the Clean Air Act or Clean Water Act.
Current projects are evaluated as stand-alone operations. A power plant is evaluated solely on its use and discharge. But areas plagued by pollution, such as southPhoenix are often home to multiple facilities and power plant, which can have cumulative effects that are often overlooked.
“We have time”:Earth Day rally: Activists, elected officials call for climate action
A section that requires federal agencies and communities to work with communities at the beginning of the National Environmental Policy Act’s (NEPA), process would provide another significant boost. This provision would ensure tribal representation during the planning phase, even for projects that are not on reservations but could have an impact on tribal land.
Other parts of the bill would provide funding for grants projects related to environmental justice and support access to green spaces within underserved areas. A Federal Energy Transition Economic Development Assistance fund will also be established to aid communities in moving away from fossil fuels.
The bill’s passage will not be easy, despite the noble goals of its backers. Grijalva will need to get support from Republicans as well as fellow Democrats. Some Republicans have opposed greater recognition of environmental justice issues.
According to a Grijalvas team member, some of the measures could be viewed as red tape. Grijalva pointed out that there will be resistance to some provisions, including cumulative effects, which could potentially hamper resource extraction. Grijalva indicated that industry groups could also challenge the bills’ passage.
Grijalva said that industry and its many forms, whether they are the manufacturing side or the American Petroleum Council or Dow Chemical, is going be more expensive than all of this. It will also make it more expensive for poor people. They’re already saying those things.
Science is one of the factors that works in his favor. Experience and years of data show that high levels of pollution, contaminated waters, and toxic land negatively affect at-risk communities. They tend to have fewer resources to fight against polluters.
“The status-quo is not acceptable”
Grijalva met with Tucson leaders at the end April to discuss the bill and held a briefing at the El Pueblo Neighborhood Center. The public was able to learn more about this measure, and local leaders were also present at the event.
Regina Romero, Tucson Mayor, said that “Black, indigenous, low-income, and communities of colour are at the forefront” of environmental injustice. “And this particular bill – the environmental justice bill for all – is absolutely necessary. I as mayor truly understand it and want to ensure that it passes and becomes a national law.”
Grijalva and other leaders and advocates had met to discuss the need to address environmental injustices in the Latino community. A survey by the Pew Research Center, a Washington D.C.-based thinktank that collects data on public opinions and social issues, found that at least 81% of Latinos believe urgent action is required to address climate change.
Research in Arizona shows that Latin communities are more vulnerable to extreme heat. In Arizona, the average temperature of poorer neighborhoods is 4 degrees higher than their wealthier, leafier counterparts.
At a separate event in Washington, D.C., GrijalvajoinedAbraham,Engel, and public health advocates to urge President Biden and the EPA to put in place new laws that would help reduce air and water pollution from Apache Generating Station in Cochise County.
Engel said, “I stand before your as a mom and a former state legislator. I am also a former staff attorney at EPA. And I am concerned citizen. To say that the status quo has to change.””Climate Change is a result of current fossil fuel burning rates. This is reducing our water reservoirs, burning our forests, reducing our crops, and draining our pockets with high utility bills.
On Earth Day, hundreds gathered in front the Arizona Capitol. There were several city council members from the state, including those from Phoenix’sYassamin and Tempe’sLauren Kuby. Tribal leaders and advocacy organizations were also present to emphasize the urgent need to address climate change, environmental injustice, and other issues.
Hazel Chandler, an Arizona field coordinator of Moms Clean Air Force, an advocacy organization that advocates for stronger clean-air protections, was among the crowd. The organization set up a table and handed out swag with its logo.
Chandler answered questions about her hopes and dreams for the proposed laws. Some of the programs she believes could benefit from a boost include trees in areas with little shade, cool corridors and better transportation.
Chandler said, “Hopefully, if this justice bill is passed, there’s an enormous opportunity to speed up someof thoseprograms.”
Columba Sainz, Columba’s colleague and also field coordinator for Moms Clean Air Force also shared the same sentiments but also stressed the urgency of action.
Sainz said, “I would love for my community to be able to access that $75 million for Environmental Justice grants programs to address environmental health issues.” “And to fund and conduct research in grant programmes that are focused on health equity in personal products and childcare. Also, to aid in the federal energy transition.
Federal agencies set new policy standards
Grijalva and other Arizona leaders called for more action. President Joe Biden announced plans that he would increase support and investments in communities that are underserved.
Over 90 federal agencies, including the Justice Department and the Environmental Protection Agency, were directed by him to develop equity plans to address “systemic obstacles.””As a consequence, some agencies like the EPA have accelerated their rate of processing civil rights complaints. Many agencies have additional funding to deal with equity issues and backlog cases.
Recently, the Department of Justice and EPA announced that they will restore a program that was canceled by the previous administration in order to advance environmental justice. As a result of one Biden’s executive order, they are reviving the Supplemental Environmental Projects Program. This initiative allows polluters to undertake an environmental project in the local community to address any previous harms.
An EPAnews release stated that previous examples include reducing lead hazards, installing air filtration system at schools in heavily industrialized regions, and improving the emergency response capabilities local fire departments. These measures are used to assess the enforcement of environmental violations.
Grijalva insists that the bill remains under construction. Hell continues his tour, with stops in Detroit, Albuquerque and New Orleans. Participation by communities in the final version will be crucial in ensuring that the legislation is as comprehensive and inclusive as possible.
He will also need to win support from the Senate side. Last year, Sen. Tammy Duckworth (D-Ill.) drafted a version for the Senate. With such a small majority, Democrats won’t need to reach across the aisle. And, so far, no Republicans have expressed support for the bill.
Grijalva stated, “It’s in Senate now.” “We are encouraged to know that Senator Mark Kelly is working on this… and look forward the legislation he brings up so that we can sit down and reach a consensus with the Senate legislation as well as the House legislation and pass something.”
Lindsey Botts works as an environmental reporter at The Arizona Republic/azcentral. Follow his Twitter feed at @lkbottsLkbotts and smbotts on Instagram. [email protected]
The Nina Mason Pulliam Charitable Trust has provided funding to support environmental coverage at azcentral.com, and in The Arizona Republic. Follow The Republic’s environmental reporting team onenvironment.azcentral.comand @azcenvironment onFacebook,TwitterandInstagram.
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