Environmental Justice

New York’s communities of color and low-income communities have historically been located in areas of the state that have a disproportionate number of contaminated sites as compared to other communities; facing the subsequent health and environmental risks associated with locally undesirable land uses, hazardous waste facilities and unsustainable development. Studies by the Department of Health, the Centers for Disease Control and Prevention, by local Universities and other federal agencies have documented the prevalence of childhood asthma and other respiratory diseases, elevated blood lead levels, and high rates of obesity and diabetes disproportionately affecting Black and Latino communities across the state. These ailments have been linked to poor air quality, deteriorated housing conditions, and lack of open spaces and access to healthy, high quality foods in communities of color and low-income communities.1, 2 For example, nationally, people of color are three times more likely to be hospitalized or die from asthma and other respiratory illnesses linked to air pollution.3

The Federal government, through the Executive Order 12898 in 1994, highlighted the importance of addressing environmental injustices and the disproportionate environmental burdens borne by certain communities. The Order mandated all federal agencies to integrate environmental justice into their policies, practices, activities and initiatives.4 Specifically, the Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (DEC) define Environmental Justice as the fair treatment and meaningful involvement of all people, regardless of race, color or income in the development, implementation and enforcement of environmental laws, policies and regulations. Unfortunately, a 2006 report by the Inspector General’s office has established that the EPA program and regional offices have failed to conduct the environmental justice reviews required by Executive Order 12898.5 Technically, if the reviews do not take place, the EPA cannot determine whether its programs cause disproportionately high and adverse human health or environmental effects on low-income communities of color. This is a clear indication of the need for a statewide Environmental Justice Executive Order that establishes public health as a significant criterion for state environmental policy-making; that prioritizes vulnerable communities for pollution clean-up and technical assistance grants; and that calls for clear accountability of the progress of government agencies in environmental justice reviews and the incorporation of environmental justice concerns into their policies and practices.