66 Environmental Justice

On May 2, 2009, GreenLaw and Georgia Appleseed, with the help of Liberty County resident Meredith Devendorf, organized a legal seminar to address the complex issues facing African-American heirs to property in coastal Georgia. Dubbed a “People’s Law School,” this seminar familiarized landowners with basic property law and addressed pressing concerns such as estate planning, title, heirs property, community preservation, zoning, and legal protection from nuisances including facility-siting and neighboring polluters.

1964–2014 Environmental Justice Timeline and Milestones

of persistent chemicals to northern Indigenous peoples and a call for the phase of these chemicals as a necessary measure to protect health and cultural survival: Persistent Organic Pollutants in the Arctic: A Report for the Delegates of the 4th Conference of the Parties Stockholm Convention on Persistent Organic Pollutants (www.akaction.org).

In May, the National Academy of Public Administrators published an independent evaluation of the Community Action for a Renewed Environment (CARE) demonstration program. The CARE model provides a solid and tested framework for engaging communities and other stakeholders. The CARE model involves decades of thought and effort by EPA’s career staff, especially those working in environmentally overburdened and economically disadvantaged communities.

In May 2009, several environmental justice organizations in Detroit filed a lawsuit challenging the Federal Highway Administration’s (FHWA) record of decision (ROD) concerning the proposed construction of a new international bridge known as the Detroit River International Crossing, connecting Detroit, Michigan with Windsor, Ontario. The lawsuit alleged that the ROD violated NEPA by not properly accounting for environmental justice because the community where the bridge was to be located was an economically depressed and minority community. Latin Americans for Social and Economic Development v. Federal Highway Administration, 2012 U.S. Dist. LEXIS 48452 (E.D. Mich. April 5, 2012).

In May, President Barack Obama proposed allotting $1.25 billion in the fical year 2010 budget to settle discrimination lawsuits by thousands of black farmers against the U.S. Department of Agriculture. Nearly $1 billion in damages were paid out on almost 16,000 claims, but nearly 75,000 additional black farmers filed their claims after the deadline.

On May 2, 2009, GreenLaw and Georgia Appleseed, with the help of Liberty County resident Meredith Devendorf, organized a legal seminar to address the complex issues facing African-American heirs to property in coastal Georgia. Dubbed a “People’s Law School,” this seminar familiarized landowners with basic property law and addressed pressing concerns such as estate planning, title, heirs property, community preservation, zoning, and legal protection from nuisances including facility-siting and neighboring polluters. Knowing their rights and responsibilities will enable the descendants of slaves who were granted land by General Sherman’s 1865 Field Order, to defend their property in the face of the

76 Environmental Justice

April 18, 2012, EPA’s Office of Environmental Justice launched its Environmental Justice in Action blog. The blog is a resource for educating, communicating and engaging with government employees, external stakeholders and the broader public about the actions and ideas that stakeholders are using to advance the mission of environmental justice.

1964–2014 Environmental Justice Timeline and Milestones

justice, air pollution and asthma, and skills related to fundraising and communications.

Governor Lincoln Chafee signs into law legislation banning the siting of schools in Rhode Island on contaminated sites where there is an ongoing potential for toxic vapors to enter into school buildings, and establishing a public review process for using other contaminated sites formerly used for industrial or landfill purposes. The law was developed by a court-ordered stakeholder group arising out of the Hartford Park Tenant Association v. Rhode Island Department of Environmental Management lawsuit decided in the plaintiffs’ favor in 2005.

On February 27, 2012, the Obama Administration announces that federal agencies are finalizing strategies for incorporating environmental justice into their operations (i.e., Federal Transit Administration, Labor Department, Centers for Disease Control and Prevention).

USDA releases its environmental justice strategic plan and provides an overall direction for continued integration of environmental justice at the department in February 2012. The goals were developed with the input of the USDA Environmental Justice Working Group, comprised of key staff and leadership from each of the department’s mission areas.

Two nonprofit environmental groups filed a complaint in intervention in United States v. City of Baton Rouge, 01-CV-978 (M.D. Tenn.), alleging that EPA has failed to prosecute the lawsuit diligently and otherwise failed to enforce a consent decree entered into by the parties in 2002 concerning Clean Water Act violations at a wastewater treatment plant in Baton Rouge.

On March 20, 2012, GreenLaw informs the Georgia Public Service Commission that Georgia Power is not going far enough by retiring two aging coal-fired units at Plant Branch near Milledgeville. Based on Georgia Power’s own analysis, additional pollution controls that are required to meet public health standards would render the operation of these units uneconomical.

April 2012, Maryland Legislature passes HB 644, authorizing Maryland Department of the Environment to administer the EPA Renovate, Repair and Paint rule and require lead dust testing after renovations on pre-1978 homes.

On April 4, 2012, the Southern California Association of Governments

9/29/14, 6:39 PMThe Law of Environmental Justice (Detail Updates)

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motion for interlocutory appeal. Padres Hacia Una Vida Mejor v. Jackson, 2012 U.S. Dist. LEXIS 49047(E.D. Cal. April 6, 2012).

District Court Held that Government Agency Must Take Steps toEnsure Complete Administrative Record in Case Concerning BridgeLocated in EJ CommunitySeveral environmental justice organizations in Detroit filed a lawsuit in May 2009 challenging the FederalHighway Administration’s (FHWA) record of decision (ROD) concerning the proposed construction of a newinternational bridge known as the Detroit River International Crossing, connecting Detroit, Michigan withWindsor, Ontario. The lawsuit alleged that the ROD violated NEPA by not properly accounting forenvironmental justice because the community where the bridge was to be located was an economicallydepressed and minority community. After filing the action, the plaintiffs filed a motion seeking discovery todetermine whether the administrative record was complete. In an April 5, 2012 decision, the district courtheld that it was unable to evaluate the adequacy of the FHWA administrative record, and ordered FHWA totake additional steps in order to enable the court to assess the completeness of the record. Latin Americansfor Social and Economic Development v. Federal Highway Administration, 2012 U.S. Dist. LEXIS 48452(E.D. Mich. April 5, 2012).

Environmental Groups Seek to Intervene in Lawsuit, Alleging thatEPA Failed to Enforce Consent Order at Wastewater TreatmentPlantOn March 4, 2012, two nonprofit environmental groups filed a complaint in intervention in United States v.City of Baton Rouge, 01-CV-978 (M.D. Tenn.), alleging that EPA has failed to prosecute the lawsuit diligentlyand otherwise failed to enforce a consent decree entered into by the parties in 2002 concerning Clean WaterAct violations at a wastewater treatment plant in Baton Rouge. According to the complaint, the plantscontinued violations under the CWA impose offensive odors, sewer flies, and unsanitary conditions on nearbyminority residents, violating those residents’ human rights and creating an environmental injustice. Thegroups are being represented by the Tulane Environmental Law Clinic. The complaint in intervention isavailable at http://www.tulane.edu/~telc/assets/pdfs/3-4-12_BR_POTW_.5th_Cir.pdf.

Obama Administration Announced that Federal Agencies areFinalizing Strategies for Incorporating Environmental Justice intotheir OperationsOn February 27, 2012, the Obama Administration announced that federal agencies are finalizing strategiesfor incorporating environmental justice into their operations. For example, the announcement mentionedthat the Federal Transit Administration will help grant recipients determine if minority or low-income areaswill be affected by transit projects, and the Labor Department is translating educational materials intoSpanish, Chinese, and Vietnamese, so workers can avoid environmental hazards. The Veterans Affairs