Clark Atlanta University

Environmental Justice in the 21st Century: Race Still Matters

Author(s): Robert D. Bullard
Source: Phylon (1960-), Vol. 49, No. 3/4 (Autumn - Winter, 2001), pp. 151-171
Published by: Clark Atlanta University
Stable URL: http://www.jstor.org/stable/3132626
Accessed: 07-02-2018 19:14 UTC

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 Environmental Justice in the 21st Century:
Race Still Matters

Robert D. Bullard
Environmental Justice Resource Center
Clark Atlanta University

Hardly a day passes without the media discovering some community

neighborhood fighting a landfill, incinerator, chemical plant, or some ot
polluting industry. This was not always the case. Just three decades ago,
concept of environmental justice had not registered on the radar screens
environmental, civil rights, or social justice groups.' Nevertheless, it shoul
be forgotten that Dr. Martin Luther King, Jr., went to Memphis in 1968 o
environmental and economic justice mission for the striking black ga
workers. The strikers were demanding equal pay and better work condition
course, Dr. King was assassinated before he could complete his mission.
Another landmark garbage dispute took place a decade later in Houston, whe
African-American homeowners in 1979 began a bitter fight to keep a san
landfill out of their suburban middle-income neighborhood.2 Residents formed
Northeast Community Action Group or NECAG. NECAG and their attorney, Lin
McKeever Bullard, filed a class-action lawsuit to block the facility from being b
The 1979 lawsuit, Bean v. Southwestern Waste Management, Inc., was the first o
kind to challenge the siting of a waste facility under civil rights law.
The landmark Houston case occurred three years before the environme
justice movement was catapulted into the national limelight in the rural
mostly African-American Warren County, North Carolina. The environm
justice movement has come a long way since its humble beginning in Wa
County, North Carolina, where a PCB landfill ignited protests and over 5
arrests. The Warren County protests provided the impetus for a U.S. Gen
Accounting Office study, Siting of Hazardous Waste Landfills and Their Correla
with Racial and Economic Status of Surrounding Communities.' That study revea
that three out of four of the off-site, commercial hazardous waste landfills in
Region 4 (which comprises eight states in the South) happen to be located in
predominantly African-American communities, although African-Americans
made up only 20% of the region's population. More important, the protesters
put "environmental racism" on the map. Fifteen years later, the state of North
Carolina is required to spend over $25 million to clean up and detoxify the
Warren County PCB landfill.
The Warren County protests also led the Commission for Racial Justice to
produce Toxic Waste and Race,4 the first national study to correlate waste facility
sites and demographic characteristics. Race was found to be the most potent
variable in predicting where these facilities were located-more powerful than
poverty, land values, and home ownership. In 1990, Dumping in Dixie: Race,

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 PHYLON

Class, and Environmental Quality chronicled the convergence of tw

movements-social justice and environmental movements-into the
environmental justice movement. This book highlighted African-American
environmental activism in the South, the same region that gave birth to t
modern civil rights movement. What started out as local and often isolated
community-based struggles against toxics and facility siting blossomed int
multiissue, multiethnic, and multiregional movement.
The 1991 First National People of Color Environmental Leadership Summ
was probably the most important single event in the movement's history. T
Summit broadened the environmental justice movement beyond its early ant
toxics focus to include issues of public health, worker safety, land u
transportation, housing, resource allocation, and community empowerment.5
The meeting also demonstrated that it is possible to build a multiracial
grassroots movement around environmental and economic justice.'
Held in Washington, DC, the four-day Summit was attended by over 6
grassroots and national leaders from around the world. Delegates came from
fifty states including Alaska and Hawaii, Puerto Rico, Chile, Mexico, and as f
away as the Marshall Islands. People attended the Summit to share their actio
strategies, redefine the environmental movement, and develop common pla
for addressing environmental problems affecting people of color in the Unit
States and around the world.
On September 27, 1991, Summit delegates adopted 17 "Principles of
Environmental Justice." These principles were developed as a guide for
organizing, networking, and relating to government and nongovernmental
organizations (NGOs). By June 1992, Spanish and Portuguese translations of the
Principles were being used and circulated by NGOs and environmental justice
groups at the Earth Summit in Rio de Janeiro.
In response to growing public concern and mounting scientific evidence,
President Clinton on February 11, 1994 (the second day of the national health
symposium), issued Executive Order 12898, "Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations."
This Order attempts to address environmental injustice within existing federal
laws and regulations.
Executive Order 12898 reinforces the 35-year old Civil Rights Act of 1964,
Title VI, which prohibits discriminatory practices in programs receiving federal
funds. The Order also focuses the spotlight back on the National Environmental
Policy Act (NEPA), a twenty-five-year-old law that set policy goals for the
protection, maintenance, and enhancement of the environment. NEPA's goal is
to ensure for all Americans a safe, healthful, productive, and aesthetically and
culturally pleasing environment. NEPA requires federal agencies to prepare a
detailed statement on the environmental effects of proposed federal actions that
significantly effect the quality of human health.
The Executive Order calls for improved methodologies for assessing and
mitigating impacts, health effect from multiple and cumulative exposure,

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 Environmental Justice in the 21st Century: Race Still Matters

collection of data on low-income and minority populations who may be

disproportionately at risk, and impacts on subsistence fishers and wildlife
consumers. It also encourages participation of the impacted populations in the
various phases of assessing impacts-including scoping, data gathering,
alternatives, analysis, mitigation, and monitoring.
The Executive Order focuses on "subsistence" fishers and wildlife
consumers. Everybody does not buy fish at the supermarket. There
people who are subsistence fishers, who fish for protein, who basicall
their budgets, and their diets by fishing from rivers, streams, and
happen to be polluted. These subpopulations may be underprotected w
assumptions are made using the dominant risk paradigm.
Many grassroots activists are convinced that waiting for the gover
act has endangered the health and welfare of their communities. Un
federal EPA, communities of color did not first discover environmental in
in 1990. The federal EPA only took action on environmental justice co
1990 after extensive prodding from grassroots environmental justice
educators, and academics.7
People of color have known about and have been living with inequitable
environmental quality for decades-most without the protection of the federal,
state, and local governmental agencies.7 Environmental justice advocates
continue to challenge the current environmental protection apparatus and offer
their own framework for addressing environmental inequities, disparate impact,
and unequal protection.

An Environmental Justice Framework

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.8 The
environmental justice framework incorporates other social movements that seek
to eliminate harmful practices (discrimination harms the victim) in housing,
land use, industrial planning, health care, and sanitation services. The impact of
redlining, economic disinvestment, infrastructure decline, deteriorating housing,
lead poisoning, industrial pollution, poverty, and unemployment are not
unrelated problems if one lives in an urban ghetto or barrio, rural hamlet, or
reservation.
The environmental justice framework attempts to uncover the underlying
assumptions that may contribute to and produce unequal protection. This
framework brings to the surface the ethical and political questions of "who gets
what, why, and how much." Some general characteristics of the framework
include:
(1) The environmental justice framework incorporates the principle of the "right"
of all individuals to be protected from environmental degradation. The precedents for
this framework are the Civil Rights Act of 1964, Fair Housing Act of 1968 and as

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 PHYLON

amended in 1988, and Voting Rights Act of 1965.

(2) The environmental justice framework adopts a public health m
prevention (elimination of the threat before harm occurs) as the preferred
Impacted communities should not have to wait until causation or conc
"proof" is established before preventive action is taken. For exam
framework offers a solution to the lead problem by shifting the prima
from treatment (after children have been poisoned) to prevention (elim
of the threat via abating lead in houses).
Overwhelming scientific evidence exists on the ill effects of lead on th
body. However, very little action has been taken to rid the nation of childh
poisoning in urban areas. Former Health and Human Secretary Louis S
tagged this among the "number one environmental health threats to childre
The Natural Resources Defense Council, NAACP Legal Defens
Educational Fund, ACLU, and Legal Aid Society of Alameda County join
in 1991 and won an out-of-court settlement worth $15-20 million for a blood-
lead testing program in California. The Matthews v. Coye lawsuit involved the
State of California not living up to the federally mandated testing of some
557,000 poor children for lead who receive Medicaid. This historic agreement
triggered similar actions in other states that failed to live up to federally
mandated screening.'1
Lead screening is an important element in this problem. However, screening
is not the solution. Prevention is the solution. Surely, if termite inspections can
be mandated to protect individual home investment, a lead-free home can be
mandated to protect public health. Ultimately, the lead abatement debate, public
health (who is affected) vs. property rights (who pays for cleanup), is a value
conflict that will not be resolved by the scientific community.
(3) The environmental justice framework shifts the burden of proof to
polluters/dischargers who do harm, discriminate, or who do not give equal protection to
racial and ethnic minorities, and other "protected" classes. Under the current system,
individuals who challenge polluters must "prove" that they have been harmed,
discriminated against, or disproportionately impacted. Few impacted
communities have the resources to hire lawyers, expert witnesses, and doctors
needed to sustain such a challenge.
The environmental justice framework would require the parties that are
applying for operating permits (landfills, incinerators, smelters, refineries,
chemical plants, etc.) to "prove" that their operations are not harmful to human
health, will not disproportionately impact racial and ethnic minorities and other
protected groups, and are nondiscriminatory.
(4) The environmental justice framework would allow disparate impact and
statistical weight, as opposed to "intent," to infer discrimination. Proving intentional
or purposeful discrimination in a court of law is next to impossible, as
demonstrated in Bean v. Southwestern Waste. It took nearly a decade after Bean
v. Southwestern Waste for environmental discrimination to resurface in the courts.

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 Environmental Justice in the 21st Century: Race Still Matters

(5) The environmental justice framework redresses disproportionate impact through

"targeted" action and resources. This strategy would target resources where
environmental and health problems are greatest (as determined by some ranking
scheme but not limited to risk assessment). Reliance solely on "objective" science
disguises the exploitative way the polluting industries have operated in some
communities and condones a passive acceptance of the status quo.
Human values are involved in determining which geographic areas are
worth public investments. In the 1992 EPA report, Securing Our Legacy, the agency
describes geographic initiatives as "protecting what we love.""
The strategy emphasizes "pollution prevention, multimedia enforcement,
research into causes and cures of environmental stress, stopping habitat loss,
education, and constituency building."'2 Geographic initiatives are underway in
the Chesapeake Bay, Great Lakes, Gulf of Mexico programs, and the U.S.-Mexican
Border program. Environmental justice targeting would channel resources to "hot
spots," communities that are overburdened with more than their "fair" share of
environmental and health problems.
The dominant environmental protection paradigm reinforces instead of
challenges the stratification of people (race, ethnicity, status, power, etc.), place
(central cities, suburbs, rural areas, unincorporated areas, Native American
reservations, etc.), and work (i.e., office workers are afforded greater protection
than farm workers). The dominant paradigm exists to manage, regulate, and
distribute risks. As a result, the current system has (1) institutionalized unequal
enforcement, (2) traded human health for profit, (3) placed the burden of proof
on the "victims" and not the polluting industry, (4) legitimated human exposure
to harmful chemicals, pesticides, and hazardous substances, (5) promoted "risky"
technologies such as incinerators, (6) exploited the vulnerability of economically
and politically disenfranchised communities, (7) subsidized ecological
destruction, (8) created an industry around risk assessment, (9) delayed cleanup
actions, and (10) failed to develop pollution prevention as the overarching and
dominant strategy.'
The mission of the federal EPA was never designed to address environmental
policies and practices that result in unfair, unjust, and inequitable outcomes. EPA
and other government officials are not likely to ask the questions that go to the
heart of environmental injustice: What groups are most affected? Why are they
affected? Who did it? What can be done to remedy the problem? How can the
problem be prevented? Vulnerable communities, populations, and individuals
often fall between the regulatory cracks.

Impetus for a Paradigm Shift

The environmental justice movement has changed the way scientists,
researchers, policy makers, and educators go about their daily work. This bottom-
up movement has redefined environment to include where people live, work,
play, go to school, as well as how these things interact with the physical and

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 PHYLON

natural world. The impetus for changing the dominant environmental pr

paradigm did not come from within regulatory agencies, the polluting i
academia, or the "industry" that has been built around risk manageme
environmental justice movement is led by a loose alliance of grassr
national environmental and civil rights leaders who question the found
the current environmental protection paradigm.
Despite significant improvements in environmental protection over
several decades, millions of Americans continue to live, work, play, an
school in unsafe and unhealthy physical environments.'4 During its 30
history, the U.S. EPA has not always recognized that many of our governme
industry practices (whether intended or unintended) have adverse imp
poor people and people of color. Growing grassroots community re
emerged in response to practices, policies, and conditions that residents
to be unjust, unfair, and illegal. Discrimination is a fact of life in Ameri
discrimination is also illegal.
The EPA is mandated to enforce the nations environmental laws and
regulations equally across the board. It is also required to protect a
Americans-not just individuals or groups who can afford lawyers, lobbyists, an
experts. Environmental protection is a right, not a privilege reserved for a fe
who can vote with their feet and escape or fend off environmental stressors that
address environmental inequities.
Equity may mean different things to different people. Equity is distilled into
three broad categories: procedural, geographic, and social equity.
Procedural equity refers to the "fairness" question: the extent tha
governing rules, regulations, evaluation criteria, and enforcement are applie
uniformly across the board and in a nondiscriminatory way. Unequal protectio
might result from nonscientific and undemocratic decisions, exclusionar
practices, public hearings held in remote locations and at inconvenient times
and use of English-only material as the language to communicate and conduc
hearings for non-English speaking publics.
Geographic equity refers to location and spatial configuration o
communities and their proximity to environmental hazards, noxious facilities
and locally unwanted land uses (LULUs) such as landfills, incinerators, sewer
treatment plants, lead smelters, refineries, and other noxious facilities. For
example, unequal protection may result from land-use decisions that determin
the location of residential amenities and disamenities. Unincorporated, poor,
and communities of color often suffer a "triple" vulnerability of noxious facili
siting.
Social Equity assesses the role of sociological factors (race, ethnicity, class,
culture, life styles, political power, etc.) on environmental decision making. Poor
people and people of color often work in the most dangerous jobs, live in the
most polluted neighborhoods, and their children are exposed to all kinds of
environmental toxins on the playgrounds and in their homes.

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 Environmental Justice in the 21st Century: Race Still Matters

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. A 1992 study by staff writers from the
National Law Journal uncovered glaring inequities in the way the federal EPA
enforces its laws. 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.'" 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: not
only are people of color differentially impacted by industrial pollution they can
expect different treatment from the government. Environmental decision-
making operates at the juncture of science, economics, politics, special
interests, and ethics. The current environmental model places communities of
color at special risk.

The Impact of Racial Apartheid

Apartheid-type housing, development, and environmental policies limit
mobility, reduce neighborhood options, diminish job opportunities, and
decrease choices for millions of Americans.'6 The infrastructure conditions in
urban areas are a result of a host of factors including the distribution of wealt
patterns of racial and economic discrimination, redlining, housing and real esta
practices, location decisions of industry, and differential enforcement of land use
and environmental regulations. Apartheid-type housing and developmen
policies have resulted in limited mobility, reduced neighborhood option
decreased environmental choices, and diminished job opportunities for Africa
Americans.
Race still plays a significant part in distributing public "benefits" and public
"burdens" associated with economic growth. The roots of discrimination are
deep and have been difficult to eliminate. Housing discrimination contributes
to the physical decay of inner-city neighborhoods and denies a substantial
segment of the African-American community a basic form of wealth
accumulation and investment through home ownership.'7 The number of
African-American homeowners would probably be higher in the absence of
discrimination by lending institutions.'8 Only about 59 percent of the nation's
middle-class African Americans own their homes, compared with 74 percent of
whites.
Eight out of every ten African Americans live in neighborhoods where they
are in the majority. Residential segregation decreases for most racial and ethnic
groups with additional education, income, and occupational status. However,
this scenario does not hold true for African Americans. African Americans, no

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 PHYLON

matter what their educational or occupational achievement or income l

exposed to higher crime rates, less effective educational systems, high m
risks, more dilapidated surroundings, and greater environmental threat
of their race. For example, in the heavily populated South Coast air basi
Los Angeles area, it is estimated that over 71 percent of African Americans
percent of Latinos reside in areas with the most polluted air, while on
percent of whites live in highly polluted areas.'"
It has been difficult for millions of Americans in segregated neighb
to say "not in my backyard" (NIMBY) if they do not have a backyard.2" Nat
only about 44 percent of African Americans own their homes compare
two-thirds of the nation as a whole. Homeowners are the strongest adv
the NIMBY positions taken against locally unwanted land uses or LULUs
the construction of garbage dumps, landfills, incinerators, sewer treatment
recycling centers, prisons, drug treatment units, and public housing
Generally, white communities have greater access than people-of-
communities when it comes to influencing land use and environmental
making.
The ability of an individual to escape a health-threatening physical
environment is usually related to affluence. However, racial barriers complicate
this process for many Americans.21 The imbalance between residential amenities
and land uses assigned to central cities and suburbs cannot be explained by class
factors alone. People of color and whites do not have the same opportunities to
"vote with their feet" and escape undesirable physical environments.
Institutional racism continues to influence housing and mobility options
available to African Americans of all income levels-and is a major factor that
influences quality of neighborhoods they have available to them. The "web of
discrimination" in the housing market is a result of action and inaction of local
and federal government officials, financial institutions, insurance companies, real
estate marketing firms, and zoning boards. More stringent enforcement
mechanisms and penalties are needed to combat all forms of discrimination.
Uneven development between central cities and suburbs combined with the
systematic avoidance of inner-city areas by many businesses have heightened
social and economic inequalities. For the past two decades, manufacturing plants
have been fleeing central cities and taking their jobs with them. Many have
moved offshore to Third-World countries where labor is cheap and
environmental regulations are lax or nonexistent.
Industry flight from central cities has left behind a deteriorating urban
infrastructure, poverty, and pollution. What kind of replacement industry can
these communities attract? Economically depressed communities do not have a
lot of choices available to them. Some workers have become so desperate that
they see even a low-paying hazardous job as better than no job at all. These
workers are forced to choose between unemployment and a job that may result
in risks to their health, their family's health, and the health of their community.

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 Environmental Justice in the 21st Century: Race Still Matters

This practice amounts to "economic blackmail." Economic conditions in many

people-of-color communities make them especially vulnerable to this practice.
Some polluting industries have been eager to exploit this vulnerability.
Some have even used the assistance of elected officials in obtaining special tax
breaks and government operating permits. Clearly, economic development and
environmental policies flow from forces of production and are often dominated
and subsidized by state actors. Numerous examples abound where state actors
have targeted cities and regions for infrastructure improvements and amenities
such as water irrigation systems, ship channels, road and bridge projects, and
mass transit systems. On the other hand, state actors have done a miserable job
in protecting central city residents from the ravages of industrial pollution and
nonresidential activities valued as having a negative impact on quality of life.22
Racial and ethnic inequality is perpetuated and reinforced by local
governments in conjunction with urban-based corporations. Race continues to be
a potent variable in explaining urban land use, streets and highway configuration,
commercial and industrial development, and industrial facility siting. Moreover,
the question of "who gets what, where, and why" often pits one community
against another.23

Zoning and Land Use

Some residential areas and their inhabitants are at a greater risk than the
larger society from unregulated growth, ineffective regulation of industrial toxins,
and public policy decisions authorizing industrial facilities that favor those with
political and economic clout.24 African Americans and other communities of
color are often victims of land-use decision making that mirrors the power
arrangements of the dominant society. Historically, exclusionary zoning (and
rezoning) has been a subtle form of using government authority and power to
foster and perpetuate discriminatory practices.
Zoning is probably the most widely applied mechanism to regulate urban
land use in the United States. Zoning laws broadly define land for residential,
commercial, or industrial uses, and may impose narrower land-use restrictions
(e.g., minimum and maximum lot size, number of dwellings per acre, square feet
and height of buildings, etc.). Zoning ordinances, deed restrictions, and other
land-use mechanisms have been widely used as a "NIMBY" tool, operating
through exclusionary practices. Thus, exclusionary zoning has been used to zone
against something rather than for something. With or without zoning, deed
restrictions or other devices, various groups are unequally able to protect their
environmental interests. More often than not, people-of-color communities get
shortchanged in the neighborhood protection game.
In Houston, Texas, a city that does not have zoning, NIMBY was replaced
with the policy of PIBBY (place in black's back yard).25 The city government and
private industry targeted landfills, incinerators, and garbage dumps for Houston's
black neighborhoods for more than five decades. These practices lowered

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 PHYLON

residents' property values, accelerated physical deterioration, and increa

disinvestment in the communities. Moreover, the discriminatory sit
landfills and incinerators stigmatized the neighborhoods as "dumping gro
for a host of other unwanted facilities, including salvage yards, rec
operations, and automobile "chop shops."26
The Commission for Racial Justice's landmark Toxic Wastes and Race
found race to be the single most important factor (i.e., more important
income, home ownership rate, and property values) in the location of aban
toxic waste sites.27 The study also found that (1) three out of five A
Americans live in communities with abandoned toxic waste sites; (2)
percent (15 million) African Americans live in communities with one or
abandoned toxic waste sites; (3) three of the five largest commercial hazar
waste landfills are located in predominately African American or
communities and accounts for 40 percent of the nation's total estimated la
capacity; and (4) African Americans are heavily overrepresented in the pop
of cities with the largest number of abandoned toxic waste sites, which i
Memphis, St. Louis, Houston, Cleveland, Chicago, and Atlanta.
Waste facility siting imbalances that were uncovered by the U.S. Ge
Accounting Office (GAO) in 1983 have not disappeared.2 The GAO discov
three out of four of the offsite commercial hazardous waste landfills in Regio
(Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, S
Carolina, and Tennessee) were located in predominately African Am
communities. African Americans still made up about one-fifth of the popu
in EPA Region IV. In 2000, 100 percent of the off-site commercial hazar
wastes landfills in the region is dumped in two mostly African-Ame
communities.

Environmental Racism

Many of the differences in environmental quality between black and w

communities result from institutional racism. Institutional racism influences
local land use, enforcement of environmental regulations, industrial facility
siting, and where people of color live, work, and play. The roots of institution
racism are deep and have been difficult to eliminate. Discrimination is a
manifestation of institutional racism and causes life to be very different for whit
and blacks. Historically, racism has been and continues to be a major part of t
American sociopolitical system, and as a result, people of color find themselv
at a disadvantage in contemporary society.
Environmental racism is real. It is just as real as the racism found in th
housing industry, educational institutions, employment arena, and judic
system. What is environmental racism and how does one recognize it?
Environmental racism refers to any policy, practice, or directive that differentially affec
or disadvantages (whether intended or unintended) individuals, groups, or communit
based on race or color. Environmental racism combines with public policies an

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 Environmental Justice in the 21st Century: Race Still Matters

industry practices to provide benefits for whites while shifting costs to people of
color.29 Environmental racism is reinforced by government, legal, economic,
political, and military institutions.
Environmental decision making and policies often mirror the power
arrangements of the dominant society and its institutions. Environmental racism
disadvantages people of color while providing advantages or privileges for whites.
A form of illegal "exaction" forces people of color to pay costs of environmental
benefits for the public at large. The question of who pays and who benefits from
the current environmental and industrial policies is central to this analysis of
environmental racism and other systems of domination and exploitation.
Racism influences the likelihood of exposure to environmental and health
risks as well as accessibility to health care.30 Many of the nation's environmental
policies distribute the costs in a regressive pattern while providing
disproportionate benefits for whites and individuals who fall at the upper end of
the education and income scale. Numerous studies, dating back to the seventies,
reveal that people of color have borne greater health and environmental risk
burdens than the society at large.31
Elevated public health risks are 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,32 contaminated fish consumption,3
location of municipal landfills and incinerators,34 toxic waste dumps,3 cleanup
of superfund sites,36 and lead poisoning in children.37
Lead poisoning is a classic example of an environmental health problem
that disproportionately impacts children of color at every class level. Lead affects
between 3 to 4 million children in the United States-most of whom are African
American and Latinos who live in urban areas. Among children 5 years old and
younger, the percentage of African-American children who have excessive levels of
lead in their blood far exceeds the percentage of whites at all income levels.
In 1988, the federal Agency for Toxic Substances Disease Registry (ATSDR)
found that for families earning less than $6,000, 68 percent of African-American
children had lead poisoning, compared with 36 percent for white children. In
families with income exceeding $15,000, more than 38 percent of African-
American children suffer from lead poisoning compared with 12 percent of
whites. The average blood-lead level has dropped for all children with the
phasing out of leaded gasoline. Today, the average blood-lead level for all
children in the U.S. is under 6 ug/dl.38 However, these efforts have not had the
same positive benefits on all populations. There is still work to be done to
address the remaining problem. The lead problem is not randomly distributed
across the nation. The most vulnerable populations are low-income African-
American and Hispanic-American children who live in older urban housing.39
Figures reported in the July 1994 Journal of the American Medical Association
on the Third National Health and Nutrition Examination Survey (NHANES III)
revealed that 1.7 million children (8.9 percent of children aged 1 to 5) are lead

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 PHYLON

poisoned, defined as blood-lead levels equal to or above 10 ug/dl.4" Le

paint (chips and dust) is the most common source of lead exposure for
Children may also be exposed through soil and dust contamination built
vehicle exhaust, lead concentration in soils in urban areas, lead dust bro
the home on parents work clothes, lead used in ceramics and pott
medicines, and lead in plumbing.

The Right to Breathe Clean Air

Urban air pollution problems have been with us for some time now
the federal government stepped in, issues related to air pollution were
primarily by states and local governments. Because states and local gov
did such a poor job, the federal government set out to establish nationa
standards. Congress enacted the Clean Air Act (CAA) in 1970 and mand
U.S. Environmental Protection Agency (EPA) to carry out this law. Su
amendments (1977 and 1990) were made to the CAA that form th
federal program. The CAA was a response to states, unwillingness to p
quality. Many states used their lax enforcement of environmental law
for business and economic development.4'
Central cities and suburbs do not operate on a level playing field. They
compete for scarce resources. One need not be a rocket scientist to pre
outcome between affluent suburbs and their less affluent centr
competitors.42 Freeways are the lifeline for suburban commuters, whil
of central-city residents are dependent on public transportation as thei
mode of travel. But recent cuts in mass transit subsidies and fare hikes have
reduced access to essential social services and economic activities. Nevertheless,
road construction programs are booming-even in areas choked with automobiles
and air pollution.43
The air quality impacts of transportation are especially significant to people
of color who are more likely than whites to live in urban areas with reduced air
quality. National Argonne Laboratory researchers discovered that 437 of the
3,109 counties and independent cities failed to meet at least one of the EPA
ambient air quality standards.4 Specifically, 57 percent of whites, 65 percent of
African Americans, and 80 percent of Hispanics live in 437 counties with
substandard air quality. Nationwide, 33 percent of whites, 50 percent of African
Americans, and 60 percent of Hispanics live in the 136 counties in which two or
more air pollutants exceed standards. Similar patterns were found for the 29
counties designated as nonattainment areas for three or more pollutants. Again,
12 percent of whites, 20 percent of African Americans, and 31 percent of
Hispanics resided in the worse nonattainment areas.
Asthma is an emerging epidemic in the United States. The annual age-adjusted
death rate from asthma increased by 40% between 1982 through 1991, from 1.34
to 1.88 per 100,000 population,4 with the highest rates being consistently reported

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 Environmental Justice in the 21st Century: Race Still Matters

among blacks aged 15-24 years of age during the period 1980-1993.46 Poverty and
minority status are important risk factors for asthma mortality.
Children are at special risk from ozone.47 Children also represent a
considerable share of the asthma burden. It is the most common chronic disease
of childhood. Asthma affects almost 5 million children under 18 years. Althoug
the overall annual age-adjusted hospital discharge rate for asthma among childre
under 15 years old decreased slightly from 184 to 179 per 100,000 between 198
and 1992, the decrease was slower compared to other childhood diseases4
resulting in a 70% increase in the proportion of hospital admissions related t
asthma during the 1980s.4' Inner-city children have the highest rates for asthm
prevalence, hospitalization, and mortality."' In the United States, asthma is the
fourth leading cause of disability among children aged less than 18 years."
The public health community has insufficient information to explain th
magnitude of some of the air pollution-related health problems. However, they
do know that persons suffering from asthma are particularly sensitive to th
effects of carbon monoxide, sulfur dioxides, particulate matter, ozone, and
nitrogen oxides. Ground-level ozone may exacerbate health problems such as
asthma, nasal congestions, throat irritation, respiratory tract inflammation,
reduced resistance to infection, changes in cell function, loss of lung elasticity
chest pains, lung scarring, formation of lesions within the lungs, and prematur
aging of lung tissues.52
Nationally, African Americans and Latino Americans have significantly
higher prevalence of asthma than the general population. A 1996 report from th
federal Centers for Disease Control shows hospitalization and deaths rates from
asthma increasing for persons twenty-five years or less.53 The greatest increase
occurred among African Americans. African Americans are two to six times more
likely than whites to die from asthma.54 Similarly, the hospitalization rate fo
African Americans is 3 to 4 times the rate for whites.
A 1994 CDC-sponsored study showed that pediatric emergency department
visits at Atlanta Grady Memorial Hospital increased by one-third following peak
ozone levels. The study also found that asthma rate among African-American
children is 26 percent higher than the asthma rate among whites.55 Since children
with asthma in Atlanta may not have visited the emergency department for their
care, the true prevalence of asthma in the community is likely to be higher.

Exploitation of Land, Environment, and People

Environmental decision-making and local land-use planning operate at the
juncture of science, economics, politics, and special interests that place
communities of color at special risk.'" This is especially true in America's Deep
South. The Deep South has always been thought of as a backward land based on
its social, economic, political, and environmental policies. By default, the region
became a "sacrifice zone," a sump for the rest of the nation's toxic waste.57 A
colonial mentality exists in the South where local government and big business

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 PHYLON

take advantage of people who are politically and economically powerless.

of these attitudes emerged from the region's marriage to slavery an
plantation system-a brutal system that exploited humans and the land."
Deep South is stuck with this unique legacy-the legacy of slavery, Jim Cro
white resistance to equal justice for all. This legacy has also affected race relati
and the region's ecology. Southerners, black and white, have less educati
lower incomes, higher infant mortality, and lower life expectancy than Ameri
elsewhere. It should be no surprise that the environmental quality
Southerners enjoy is markedly different from that of other regions of the co
The South is characterized by "look-the-other-way environmental po
and giveaway tax breaks."5" It is our nation's Third World where "political
encourage outsiders to buy the region's human and natural resources at ba
prices."6" Lax enforcement of environmental regulations have left the region's
water, and land the most industry-befouled in the United States.
Toxic waste discharge and industrial pollution are correlated with po
economic conditions. Louisiana typifies this pattern. Nearly three-fourt
Louisiana's population-more than 3 million people-get their drinking
from underground aquifers. Dozens of the aquifers are threatened
contamination from polluting industries.6' The Lower Mississippi River Ind
Corridor has over 125 companies that manufacture a range of products inc
fertilizers, gasoline, paints, and plastics. This corridor has been dubbed "C
Alley" by environmentalists and local residents.62 Ascension Parish typifie
many people refer to as a toxic "sacrifice zone." In two parish towns of Ge
and St. Gabriel, 18 petrochemical plants are crammed into a nine-and-a-h
square-mile area. Petrochemical plants discharge millions of pound
pollutants annually into the water and air.
Louisiana citizens subsidize this corporate welfare with their health an
environment. Tax breaks given to polluting industries have created a few j
high cost. Nowhere is the polluter-welfare scenario more prevalent than
Louisiana. The state is a leader in doling out corporate welfare to pollute
1998 Time Magazine article reported that in the 1990s, Louisiana wiped of
books $3.1 billion in property taxes to polluting companies.6- The state's to
worse polluters received $111 million dollars over the past decade.

Global Dumping Grounds

There is a direct correlation between exploitation of land and exploitati
people. It should not be a surprise to anyone to discover that Native Amer
have to contend with some of the worst pollution in the United States.64 N
American nations have become prime targets for waste trading.65 More than t
dozen Indian reservations have been targeted for landfills, incinerators, and ot
waste facilities.66 The vast majority of these waste proposals were defeate
grassroots groups on the reservations. However, "radioactive colonialism" i
and well.67 The legacy of institutional racism has left many sovereign In

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 Environmental Justice in the 21st Century: Race Still Matters

nations without an economic infrastructure to address poverty, unemployment,

inadequate education and health care, and a host of other social problems. In
1999, Eastern Navajo reservation residents filed suit against the Nuclear
Regulatory Commission to block uranium mining in Church Rock and Crown
Point communities.
Hazardous waste generation and international movement of hazardou
waste pose some important health, environmental, legal, and ethical dilemma
It is unlikely that many of the global hazardous waste proposals can be
effectuated without first addressing the social, economic, and political context
which hazardous wastes are produced (industrial processes), controlled
(regulations, notification and consent documentation), and managed
(minimization, treatment, storage, recycled, transboundary shipment, pollution
prevention, etc.). The "unwritten" policy of targeting Third-World nations for
waste trade received international media attention in 1991. Lawrence Summers,
at the time he was chief economists of the World Bank, shocked the world and
touched off an international scandal when his confidential memorandum on
waste trade was leaked. Summers writes: "'Dirty' Industries: Just between you an
me, shouldn't the World Bank be encouraging MORE migration of the dir
industries to the LDCs?"68
Consumption and production patterns, especially in nations with wasteful
"throw-away" life styles as the United States, and the interests of transnational
corporations create and maintain unequal and unjust waste burdens within and
between affluent and poor communities, states, and regions of the world.
Shipping hazardous wastes from rich communities to poor communities is not a
solution to the growing global waste problem. Not only is it immoral, but it
should be illegal. Moreover, making hazardous waste transactions legal does not
address the ethical issues imbedded in such transactions.69 The practice is a
manifestation of power arrangements and a larger stratification system where
some people and some places are assigned greater value than others.
In the real world, all people, communities, and nations are not created
equal. Some populations and interests are more equal than others. Unequal
interests and power arrangements have allowed poisons of the rich to be offered
as short term remedies for poverty of the poor. This scenario plays out
domestically (as in the United States where low-income and people-of-color
communities are disproportionately impacted by waste facilities and "dirty"
industries) and internationally (where hazardous wastes move from OECD states
flow to non-OECD states).
The conditions surrounding the more than 1,900 maquiladoras, assembly
plants operated by American, Japanese, and other foreign countries, located along
the 2,000-mile U.S.-Mexico border may further exacerbate the waste trade.70 The
industrial plants use cheap Mexican labor to assemble imported components and
raw material and then ship finished products back to the United States. Nearly a
half million Mexican workers are employed in the maquiladoras.

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 PHYLON

A 1983 agreement between the United States and Mexico required Am

companies in Mexico to return waste products to the United States. Plan
required to notify the federal EPA when returning wastes. Results fro
survey of 772 maquiladoras revealed that only 20 of the plants informed
EPA that they were returning waste to the United States, even though 86 p
of the plants used toxic chemicals in their manufacturing process. Muc
waste ends up being illegally dumped in sewers, ditches, and the desert.
the Lower Rio Crande River Valley maquiladoras dump their toxic wastes
river, from which 95 percent of the region's residents get their drinking w
The disregard for the environment and public safety has placed b
residents' health at risk. In the border cities of Brownsville, Texas, and
Matamoras, Mexico, the rate of anencephaly-babies born without brains-is four
times the national average. Affected families have filed lawsuits against 88 of the
area's 100 maquiladoras for exposing the community to xylene, a cleaning solvent
that can cause brain hemorrhages, and lung and kidney damage.
Contaminated well and drinking water looms as major health threats. Air
pollution has contributed to a raging asthma and respiratory epidemic. The
Mexican environmental regulatory agency is understaffed and ill-equipped to
adequately enforce its environmental laws.72 Only time will tell if the North
American Free Trade Agreement (NAFTA) will "fix" or exacerbate the public
health, economic, and the environmental problems along the U.S.-Mexico
border.

Setting the Record Straight

The environmental protection apparatus is broken and needs to be fixed.
The environmental justice movement has set out clear goals of eliminating
unequal enforcement of environmental, civil rights, and public health laws.
Environmental justice leaders have made a difference in the lives of people and
the physical environment. They have assisted public decision makers in
identifying "at-risk" populations, toxic "hot spots," research gaps, and action
models to correct existing imbalances and prevent future threats. However,
impacted communities are not waiting for the government or industry to get their
acts together. Grassroots groups have taken the offensive to ensure that
government and industry do the right thing.
Communities have begun to organize their own networks and force their
inclusion into the mainstream of public decision making. They have also
developed communication channels among environmental justice leaders,
grassroots groups, professional associations (i.e., legal, public health, education,
etc.), scientific groups, and public policy makers to assist them in identifying "at-
risk" populations, toxic "hot spots," research gaps, and work to correct
imbalances.

In response to growing public concern and mounting scientific evidence

President Clinton signed Executive Order 12898. The Executive Order is not

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 Environmental Justice in the 21st Century: Race Still Matters

new law. It only reinforces what has been the law of the land for over three
decades. Environmental justice advocates are calling for vigorous enforcement
of civil rights laws and environmental laws.
The number of environmental justice complaints is expected to escalate
against industry, government, and institutions that receive federal funds. Citizens
have a right to challenge discrimination-including environmental
discrimination. It is a smokescreen for anyone to link Title VI or other civil rights
enforcement to economic disinvestment in low-income and people-of-color
communities. There is absolutely no empirical evidence to support the
contention that environmental justice hurts Brownfields redevelopment efforts.
The EPA has awarded over 200 Brownfield grants. In 1998, the agency had
received some five dozen Title VI complaints. It is worth noting that not a single
Title VI complaint involves a Brownfields site. On the other hand, two decades
of solid empirical evidence documents the impact of racial redlining on African
American and other communities of color. Racial redlining by banks, savings and
loans, insurance companies, grocery chains, and even pizza delivery companies
thwarts economic vitality in black communities-not enforcement of civil rights
laws. Racial redlining was such a real problem that Congress passed the
Community Reinvestment Act in 1977.
States have had three decades to implement Title VI of the Civil Rights Act
of 1964. Most states have chosen to ignore the law. States need to do a better job
assuring nondiscrimination in the application and implementation of permitting
decisions, enforcement, and investment decisions. Environmental justice also
means sharing in the benefits. Governments must live up to their mandate of
protecting all people and the environment. Anything less is unacceptable. The
solution to environmental injustice lies in the realm of equal protection of all
individuals, groups, and communities. No community, rich or poor, urban or
suburban, black or white, should be allowed to become a "sacrifice zone" or the
dumping ground.
Hazardous wastes and "dirty" industries have followed the "path of least
resistance." Poor people and poor communities are given a false choice of "no
jobs and no development" versus "risky low-paying jobs and pollution."
Industries and governments (including the military) have often exploited the
economic vulnerability of poor communities, poor states, poor regions, and poor
nations for their "risky" operations. The environmental justice movement
challenges toxic colonialism, environmental racism, and the international toxics
trade at home and abroad.

Robert D. Bullard, 1994, Dumping in Dixie: Race, Class and Environmental Quality. Boulder, CO
Westview Press.
2 Robert D. Bullard, "Solid Waste Sites and the Black Houston Community," Sociological Inquiry 53
(Spring 1983): 273-288.
U .S. General Accounting Office (1983), Siting of Hazardous Waste Landfills and Their Correlation with
Racial and Economic Status of Surrounding Communities, Washington, DC: Government Printing
Office.

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 PHYLON

4 Commission for Racial Justice (1987), Toxic Wastes and Race in the United States, New Yo
Church of Christ.
' Charles Lee, 1992, Proceedings: The First National People of Color Environmental Leadership Summit.
New York: United Church of Christ Commission for Racial Justice.
" Dana Alston, "Transforming a Movement: People of Color Unite at Summit against Environmental
Racism," Sojourner 21 (1992), pp. 30-31.
'William K. Reilly, "Environmental Equity: EPA's Position," EPA Journal 18 (March/April 1992):
18-19.
R.D. Bullard and B.H. Wright, "The Politics of Pollution: Implications for the Black Community,"
Phylon 47 (March 1986): 71-78.
'Robert D. Bullard, "Race and Environmental Justice in the United States," Yale Journal of
International Law 18 (Winter 1993): 319-335; Robert D. Bullard, "The Threat of Environmental
Racism," Natural Resources & Environment 7 (Winter 1993): 23-26, 55-56.
Louis Sullivan, "Remarks at the First Annual Conference on Childhood Lead Poisoning," in
Alliance to End Childhood Lead Poisoning, Preventing Child Lead Poisoning: Final Report.
Washington, DC: Alliance to End Childhood Lead Poisoning, October, 1991, p. A-2.
" Bill Lann Lee, "Environmental Litigation on Behalf of Poor, Minority Children, Matthews v. Coye:
A Case Study." Paper presented at the Annual Meeting of the American Association for the
Advancement of Science, Chicago (February 9, 1992).
12 Ibid., p. 32.
" Ibid.
4 Robert D. Bullard, "The Environmental Justice Framework: A Strategy for Addressing Unequal
Protection." Paper presented at Resources for the Future Conference on Risk Management,
Annapolis, MD (November 1992).
"Paul Mohai and Bunyan Bryant, "Race, Poverty, and the Environment," EPA Journal 18 (March/April
1992): 1-8; R.D. Bullard, "In Our Backyards," EPA lournal 18 (March/April 1993): 11-12; D.R.
Wernette and L.A. Nieves, "Breathing Polluted Air," EPA Journal 18 (March/April 1992): 16-17;
Patrick C. West, "Health Concerns for Fish-Eating Tribes?" EPA Journal 18 (March/April 1992):
15-16.

'Marianne Lavelle and Marcia Coyle, "Unequal Protection," National Law Journal (September
1992): S1-S2.
7 Robert D. Bullard, ed., Confronting Environmental Racism: Voices from the Grassroots. Boston: South
End Press, 1993, chapter 1; Robert D. Bullard, "Waste and Racism: A Stacked Deck?" Forum for
Applied Research and Public Policy 8 (Spring, 1993): 29-35; Robert D. Bullard (ed.), In Search of the
New South - The Black Urban Experience in the 1970s and 1980s (Tuscaloosa, AL: University of
Alabama Press, 1991).
8 Florence Wagman Roisman, "The Lessons of American Apartheid: The Necessity and Means of
Promoting Residential Racial Integration," Iowa Law Review 81 (December 1995): 479-525.
" Joe R. Feagin, "A House Is Not a Home: White Racism and U.S. Housing Practices," in R.D. Bullard,
J. E. Grigsby, and Charles Lee, eds., Residential Apartheid: The American Legacy. Los Angeles: UCLA
Center for Afro-American Studies Publication, 1994, pp. 17-48.
2- Eric Mann, L.A.'s Lethal Air: New Strategies for Policy, Organizing, and Action. Los Angeles:
Labor/Community Strategy Center, 1991, p. 31.
2 Jim Motavalli, "Toxic Targets: Polluters that Dump on Communities of Color are Finally Being
Brought to lustice," E Magazine, 4 (July/August 1997): 29-41.
22 Joe Bandy, "Reterritorializing Borders: Transnational Environmental Justice Movement on the U.S.-
Mexico Border," Race, Gender, and Class 5 (1997): 80-103.
21 Bunyan Bryant and Paul Mohai, Race and the Incidence of Environmental Hazards (Boulder, CO:
Westview Press, 1992); Bunyan Bryant, ed., Environmental Justice, pp. 8-34.
24 R. Pinderhughes, "Who Decides What Constitutes a Pollution Problem?" Race, Gender, and Class 5
(1997): 130-152.
'5 Diane Takvorian, "Toxics and Neighborhoods Don't Mix," Land Use Forum: A Journal of Law, Policy
and Practice 2 (Winter 1993): 28-31; R.D. Bullard, "Examining the Evidence of Environmental
Racism," Land Use Forum: A lournal of Law, Policy, and Practice 2 (Winter 1993): 6-11.
2' For an in-depth examination of the Houston case study, see R.D. Bullard, 1987, Invisible Houston:
The Black Experience in Boom and Bust. College Station, TX: Texas A&M University Press, pp. 60-75.

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 Environmental Justice in the 21st Century: Race Still Matters

27 Ruth Rosen, "Who Gets Polluted: The Movement for Environmental Justice," Dissent (Spring 1994):
223-230; R.D. Bullard, "Environmental Justice: It's More than Waste Facility Siting," Social Science
Quarterly 77 (September 1996): 493-499.
28 Commission for Racial Justice, Toxic Wastes and Race in the United States, pp. xiii-xiv.
2') U.S. General Accounting Office, Siting of Hazardous Waste Landfills and Their Correlation with Racial
and Economic Status of Surrounding Communities. Washington, DC: U.S. General Accounting Office,
1983, p. 1.
" Robert D. Bullard, ed., Confronting Environmental Racism: Voices from the Grassroots Boston: South
End, 1993; Robert D. Bullard, "The Threat of Environmental Racism," Natural Resources &
Environment 7 (Winter 1993): 23-26; Bunyan Bryant and Paul Mohai, eds., Race and the Incidence of
Environmental Hazards. Boulder, CO: Westview Press, 1992; Regina Austin and Michael Schill,
"Black, Brown, Poor and Poisoned: Minority Grassroots Environmentalism and the Quest for Eco-
Justice." The Kansas Journal of Law and Public Policy 1 (1991): 69-82; Kelly C. Colquette and
Elizabeth A. Henry Robertson, "Environmental Racism: The Causes, Consequences, and
Commendations." Tulane Environmental Law Journal 5 (1991): 153-207; Rachel D. Godsil,
"Remedying Environmental Racism." Michigan Law Review 90 (1991): 394-427.
"Bullard and Feagin, "Racism and the City," pp. 55-76; Robert D. Bullard, "Dismantling
Environmental Racism in the USA," Local Environment 4 (1999): 5-19.
2 W. J. Kruvant, "People, Energy, and Pollution." Pp. 125-167 in D. K. Newman and Dawn Day, eds.,
The American Energy Consumer. Cambridge, Mass.: Ballinger, 1975; Robert D. Bullard, "Solid Waste
Sites and the Black Houston Community." Sociological Inquiry 53 (Spring 1983): 273-288; United
Church of Christ Commission for Racial Justice, Toxic Wastes and Race in the United States. New
York: Commission for Racial Justice, 1987; Dick Russell, "Environmental Racism." The Amicus
Journal 11 (Spring 1989): 22-32; Eric Mann, L.A.'s Lethal Air: New Strategies for Policy, Organizing,
and Action. Los Angeles: Labor/Community Strategy Center, 1991; D. R. Wernette and L. A. Nieves,
"Breathing Polluted Air: Minorities are Disproportionately Exposed." EPA Journal 18 (March/April
1992): 16-17; Bryant and Mohai, Race and the Incidence of Environmental Hazards; Benjamin
Goldman and Laura J. Fitton, Toxic Wastes and Race Revisited. Washington, DC: Center for Policy
Alternatives, NAACP, and United Church of Christ, 1994.
"Myrick A. Freedman, "The Distribution of Environmental Quality." in Allen V. Kneese and Blair T.
Bower (eds.), Environmental Quality Analysis. Baltimore: Johns Hopkins University Press for
Resources for the Future, 1971; Michel Gelobter, "The Distribution of Air Pollution by Income and
Race." Paper presented at the Second Symposium on Social Science in Resource Management,
Urbana, Illinois (June 1988); Gianessi et al., "The Distributional Effects of Uniform Air Pollution
Policy in the U.S." Quarterly Journal of Economics (May1979): 281-301.
4 Patrick C. West, J. Mark Fly, and Robert Marans, "Minority Anglers and Toxic Fish Consumption:
Evidence from a State-Wide Survey in Michigan." In Bryant and Mohai, Race and the Incidence of
Environmental Hazards, pp. 100-113.
" Robert D. Bullard, "Solid Waste Sites and the Black Houston Community." Sociological Inquiry 53
(Spring 1983): 273-288; Robert D. Bullard, Invisible Houston: The Black Experience in Boom and
Bust. College Station, TX: Texas A&M University Press, 1987, chapter 6; Robert D. Bullard,
"Environmental Racism and Land Lise." Land Use Forum: A Journal of Law, Policy & Practice 2
(Spring 1993): 6-11.
'" United Church of Christ Commission for Racial Justice, Toxic Wastes and Race; Paul Mohai and
Bunyan Bryant, "Environmental Racism: Reviewing the Evidence." in Bryant and Mohai, Race and
the Incidence of Environmental Hazards; Paul Stretesky and Michael J. Hogan, "Environmental
Justice: An Analysis of Superfund Sites in Florida," Social Problems 45 (May 1998): 268-287.
17 Marianne Lavelle and Marcia Coyle, "Ulnequal Protection: The Racial Divide in Environmental
Law." National Law Journal, September 21, 1992.
' Agency for Toxic Substances Disease Registry, The Nature and Extent of Lead Poisoning in Children in
the United States: A Report to Congress. Atlanta: U.S. Department of Health and Human Resources,
1988, pp. 1-12.
J) . Schwartz and R. Levine, "Lead: An Example of the Job Ahead," EPA Journal 18 (March/April
1992): 32-44.
4) Centers for Disease Control and Prevention, "Ulpdate: Blood Lead Levels - United States, 1991-
1994," Mortality and Morbidity Weekly Report 46, no. 7 (February 21, 1997): 141-146.

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 PHYLON

4 James L. Pirkle, D.J. Brody, E.W. Gunter, R.A. Kramer, D.C. Paschal, K,M. Glegal, and T.D
"The Decline in Blood Lead Levels in the United States: The National Health and Nutrition
Examination Survey (NHANES III)," Journal of the American Medical Association 27
284-291.
42 Arnold W. Reitze, Jr., "A Century of Air Pollution Control Law: What Worked; What Failed;
Might Work," Environmental Law 21 (1991): 1549.
4' For an in-depth discussion of transportation investments and social equity issues, see R.D. Bul
and G.S. Johnson, eds., lust Transportation: Dismantling Race and Class Barriers to Mobility. Ga
Island, BC: New Society Publishers, 1997.
44 Sid Davis, "Race and the Politics of Transportation in Atlanta," in R.D. Bullard and G.S. Johns
lust Transportation, pp. 84-96; Environmental lustice Resource Center, Sprawl Atlanta: Social E
Dimensions of Uneven Growth and Development. A Report prepared for the Turner Founda
Atlanta: Clark Atlanta University (January 1999).
4 D.R. Wernette and L.A. Nieves, "Breathing Polluted Air: Minorities Are Disproportion
Exposed," EPA Journal 18 (March 1992): 16-17.
(' CDC, "Asthma - United States, 1982 - 1992." MMWR 43 (1995): 952-955.
4 CDC, "Asthma mortality and hospitalization among children and young adults - United St
1980-1993." MMWR 45 (1996): 350-353.
4' Anna E. Pribitkin, "The Need for Revision of Ozone Standards: Why Has the EPA Fail
Respond?" Temple Environmental Law & Technology Journal 13 (1994): 104.
4) CDC/NCHS. Health United States 1994. DHHS Pub.No.(PHS) 95-1232; Tables 83, 84, 86, &
" CDC, "Asthma - United States, 1982 - 1992." MMWR 43 (1995): 952-955.
" CDC, "Disabilities among children aged less than or equal to 17 years - United States, 1991-1
MMWR 44 (1995): 609-613.
' U.S. EPA, "Review of National Ambient Air Quality Standards for Ozone, Assessment of Scie
and Technical Information," OAQPS Staff Paper. Research Triangle Park, NC: EPA, 1996; H
Ozkaynk, lohn D. Spengler, Marie O'Neil, Jianping Xue, Hui Zhou, Kathy Gilbert, and
Ramstrom, "Ambient Ozone Exposure and Emergency Hospital Admissions and Emergency R
Visits for Respiratory Problems in Thirteen U.S. Cities," in American Lung Association, Breath
Air Pollution and Hospital Admissions/Emergency Room Visits in 13 Cities. Washington, DC: Am
Lung Association, 1996; American Lung Association, Out of Breath: Populations-at-Risk to Alter
Ozone Levels. Washington, DC: American Lung Association, 1995.
" Centers for Disease Control and Prevention, National Center for Environmental Health, Divisio
of Environmental Hazards and Health Effects, Air Pollution and Respiratory Branch, "Ast
Mortality and Hospitalization Among Children and Young Adults - United States, 1980-19
Morbidity and Mortality Weekly Report, 45 (1996).
4 Centers for Disease Control, "Asthma: United States, 1980-1990," MMWR 39 (1992): 733-73
Mary C. White, Ruth " Etzel, Wallace D. Wilcox, and Christine Lloyd, "Exacerbations of Child
Asthma and Ozone Pollution in Atlanta," Environmental Research 65 (1994), p. 56.
r' R.D. Bullard, "The Legacy of Apartheid and Environmental Racism," St. John's Journal of
Commentary 9 (Spring, 1994): 445-474.
7 Donald Schueler, "Southern Exposure," Sierra 77 (November/December 1992): 45.
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"' Conger Beasley, "Of Poverty and Pollution: Keeping Watch in Cancer Alley," pp. 39-45.
"' Barlett and Steele, "Paying a Price for Polluters," p. 77.
'4 Conger Beasley, "Of Pollution and Poverty: Deadly Threat on Native Lands," Buzzworm, 2
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 Environmental Justice in the 21st Century: Race Still Matters

' Bradley Angel, The Toxic Threat to Indian Lands: A Greenpeace Report. San Francisco: Greenpeace,
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J" Jane Kay, "Indian Lands Targeted for Waste Disposal Sites," San Francisco Examiner (April 10, 1991).
(7 Ward Churchill and Winona LaDuke, "Native America: The Political Economy of Radioactive
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"' Greenpeace, "The Logic Behind Hazardous Waste Export", Greenpeace Waste Trade Update (First
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"" Dana Alston and Nicole Brown, "Global Threats to People of Color," pp. 179-194 in R.D. Bullard,
ed., Confronting Environmental Racism: Voices from the Grassroots. Boston: Southend Press, 1993.
7(1 Roberto Sanchez, "Health and Environmental Risks of the Maquiladora in Mexicali," Natural
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71 Beatriz Johnston Hernandez, "Dirty Growth," The New Internationalist (August 1993).
2 T. Barry and B. Simms, The Challenge of Cross Border Environmentalism: The U.S.-Mexico Case,
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