Beacon – Vermont Journal of Environmental Law

Looking at train cars through a chain-link fence

The Beacon Blog: Consider It Briefed

Houston’s Lax Zoning Practices Are Poisoning Its People

By Savannah Collins, Staff Editor for the Vermont Journal of Environmental Law

May 3, 2024

In an era where everyone is presently facing the impacts of climate change, some communities have been actively and systematically poisoned for decades. Houston, TX, stands out for the impacts of its laissez-faire zoning attitude. Houston allows industrial facilities to be located beside residential areas and schools. Due to this land use mixing, exposure to Superfund sites has increased. According to the Climate Vulnerability Index, the Fifth Ward of Houston is more vulnerable than 99% of the nation. This vulnerability comes from historic disinvestment that has culminated in measurable harm to the community. And people’s health has continuously taken a hit.

Houston’s lack of zoning controls has made it a hub of environmental justice issues. There are laws governing permitting and the like, but not for land use. Therefore, industry has been able to build wherever they choose. Combined with a history of redlining, communities that are mostly Black and Latinx are suffering. In the Greater Fifth Ward, where the population is majority Black and Latinx, the levels of pollution and pollution-related illnesses are well above average. A study done by the Environmental Defense Fund found some neighborhoods had levels of pollution equivalent to major highways in the city.

The Greater Fifth Ward is in the 99th percentile in its proximity to a Superfund site. There are over twenty-one state and federal Superfund Sites in the Houston city limits. Twenty-nine percent of the city’s concrete batch plants and 51% of the metal recycling facilities are within a half mile of at least one school or childcare center. In the Greater Fifth Ward, there are at least two elementary schools and two parks.

One of these parks is located quite close to the Union Pacific Rail lines. The City of Houston is suing the Union Pacific Railroad for creosote pollution in the Greater Fifth Ward. Notably, the railroad being sued subsumed the railroad that was in place in the 1940s, located beside this historically redlined community. There is a perpetual offloading of pollution from these railroads. A recent study by the Houston Health Department found toxic dust and soil on properties in the area. Additionally, there is a Title VI investigation by the Department of Justice into the illegal dumping activities in the city of Houston. This community is vulnerable on multiple fronts, dating back to its founding.

It would be hard to move these companies that have been in place for almost 100 years without greater aid from municipal government and organizations. The economic impact could be great, but the benefits to the people of the Fifth Ward would be greater. Despite the steep barrier, there are solutions available.

There is extensive mapping of the Superfund sites in the area. Noting where to put housing is critical to not further expose people to the current pollution levels. Furthermore, providing stipends to move out of the area would be beneficial for the community considering the level of poverty and the level of income. Without a more fluid source of funding, it is extremely difficult to move to protect their health.

With the Biden Administration highlighting environmental justice as a major factor in agency decisions, there is great potential for funding to shift nationally. The Justice40 Initiative is funneling funds out nationally and providing opportunities for community organizations to make these changes. One of the regional centers in charge of dispersing funds is the Deep South Center for Environmental Justice. They have provided an interactive resource guide for community organizations explaining Justice40 funding. There is also a database of available Justice40 money available, which is searchable by state and region. While these are preexisting federal programs not specifically focused on frontline communities, there is movement to make such programs work for frontline communities going forward. Hopefully, Houston’s people will be able to live in a healthier environment through these hardworking efforts.

Small, ruined shack in a grassy field next to a lake

The Beacon Blog: Consider It Briefed

Is a Lack of Data the Reason for Alaska’s Lack of Environmental Justice Legislation?

By Kari Millstein, Staff Editor for the Vermont Journal of Environmental Law

May 3, 2024

Alaska does not have any environmental justice laws or policies, despite the growing threat of climate change and the detrimental effects of big extraction and industrial projects on small, rural communities. To convince policymakers that these types of laws and policies are necessary, advocates need access to data about the most affected communities in the state. There are tools built to indicate the need for environmental justice action. Still, they are not very reliable when it comes to Alaska, because accurate data about small, widespread, rural communities is hard and expensive to collect. Collecting independent, accurate data to improve mapping tools like the Climate Vulnerability Index (CVI) is a necessary step toward more effective advocacy for Alaska’s most environmentally vulnerable communities.

The EPA now recognizes the right of all communities to environmental justice, or “the same degree of protection from environmental and health hazards.” Environmental justice is not a new concept, but it is a growing concern due to the urgency of climate change. Many states are now adopting their own laws and policies regarding environmental justice. Though Alaska has many small, remote, largely indigenous communities that are vulnerable to climate change and exploitation by resource extraction companies and other industrial projects, it does not have any such laws.

The CVI is a new mapping tool that compiles data from over 180 indicators to illustrate the vulnerability of specific areas across the United States to climate change and other environmental harm. This tool provides actionable data that advocates and legislators can use to create new policies to address environmental justice and climate change in vulnerable communities. Much of the CVI’s information comes from census data. This makes sense because the federal government already uses census data to determine how much federal funding flows into the state, in addition to congressional seats, voter redistricting, and more. The CVI further analyzes this information so that federal and state agencies can make more informed decisions about protecting the most vulnerable communities.

Unfortunately, not all census data collected is accurate. The U.S. Census Bureau annually conducts surveys with small sample sizes in areas with low population density, which causes a high margin of error for individual communities in the area. Additionally, Alaska is particularly difficult to count accurately because of the extreme isolation of many communities. Many factors compound this difficulty. Alaska has an abundance of seasonal workers and military. This means that population counts may vary dramatically depending on the time of year they take place. Also, much of rural Alaska is still without reliable cell service and/or internet connection, traditional mailing addresses, and year-round accessibility. Fiercely independent rural communities, and especially Alaska Native communities often do not trust the government’s motives for collecting their data. Though these sentiments are not completely without merit, especially given the history of colonization and disenfranchisement of Indigenous populations, they do contribute to less accurate census data. For these reasons and many others, it is difficult for the CVI to accurately represent the depth of vulnerability of many communities.

To show state policymakers that environmental justice policies are necessary, advocates need access to reliable, independently collected data. Mapping tools provide agencies, advocates, and legislators with an approachable method for combining environmental and demographic factors from publicly available datasets. This allows for quick analysis of multiple factors that impact communities. “Better understanding of the intersections between growing climate risks and pre-existing, long-term health, social, environmental, and economic conditions is critical to effectively building climate resilience for everyone and deploying targeted adaptation efforts.” This issue is of increasing importance, as Alaska experiences increasing impacts of climate change on its largely rural population.

This proposal will have many legitimate critiques. For one thing, Alaska’s lack of legislative red tape for large corporations results in some very lucrative deals for the state. Implementing new environmental justice requirements that must be met before projects are approved would add complications to this process, and inevitably invite pushback both from the state and from interested corporations.

Another major criticism of this proposal is that plenty of rural Alaskan communities do not want the government or outside organizations to have their information, regardless of whether it would result in more public funding. Any data collection must be done openly and with the support of the community, if at all. Researchers must remember that the point of collecting this data is to have statistical support to push for a statewide environmental justice policy. Increased data collection and accuracy of information for vulnerable communities around the state is not a solution in and of itself. It is a means to achieving a strong, protective, statewide policy. It does not take the place of advocacy for Indigenous sovereignty or more environmentally protective approaches to private land use and regulation.

Improving the accuracy of data for tools like the CVI would allow them to reasonably be implemented in Alaska. Then advocates and legislators can use the CVI to support the argument for laws and policy addressing environmental justice in the state. Climate change makes the need for these policies not only a matter of justice but also one of urgency.

Demonstration with a large crowd of people

The Beacon Blog: Trail Notes

An Environmental Justice Attorney’s Journey: Trail Notes with Professor Mia Montoya Hammersley

By Kate Keener, Staff Editor for the Vermont Journal of Environmental Law

May 3, 2024

Will you please tell me about your upbringing and relationship with the environment?

I was lucky to grow up with great access to the outdoors. I don’t think I realized—until I was older and had moved away—the beautiful relationship I had with the land. My family is from southern New Mexico, and when I was young, I spent a lot of time there with them. But I grew up in Flagstaff, Arizona. Flagstaff is in this beautiful pine forest beneath an amazing mountain that is sacred to a lot of tribes. Many of the places I lived were within walking distance of national forest land.

As a kid, I had freedom to go and spend time outside, to go and explore. And my parents were outdoor educators, so I grew up backpacking and taking family river trips. My relationship with the land has been special, and I knew it was special, but when I was young, I didn’t realize how many people don’t have that same access.

What inspired you to pursue your master’s degree and law degree?

I started undergrad at Lewis and Clark college in Portland, Washington. While I was there, I was involved with Sierra Club’s Beyond Coal Campaign. After freshman year, I serendipitously transferred to a tiny international university in Switzerland. I was the first person in my immediate family to go to Europe and had never been before—it was very much a leap of faith.

Something that drew me to the school was that each semester every student—as part of their tuition and curriculum—went on a two-week academic travel trip led by a professor. I visited lots of places I wouldn’t have been comfortable traveling by myself and learned about many different places and cultures. The topic of my first academic travel was “The Environmental and Historical Significance of the Rhine River.” We hiked to the Rheinwaldhorn Glacier in the Swiss Alps and followed the river by boat and bus all the way to the Port of Rotterdam, where the river meets the ocean.

The Port of Rotterdam is Europe’s largest port. We drove through a part of the port which comprised of several square miles of coal being imported into Europe. After being part of the Beyond Coal Campaign, just seeing that was like: wow. I felt like I hadn’t made a dent! It was like nothing I’d ever seen before or since. It’s a memory that has stayed with me: seeing these huge, raw piles of coal that were going to be distributed throughout Europe. It was overwhelming as a young student and activist. I think they’re importing a lot less coal now, ten years later, so that’s good!

Through my travels and studies in Switzerland I realized I was best equipped to help with environmental issues in my own community. So, after graduating I returned home and completed a master’s in water policy at the University of Arizona. While completing my master’s, I took some classes at the law school, including a water law course. I felt law had so much potential to create positive impact.

Will you tell me about the work you’ve done around land and water rights?

I’ve typically worked at the intersection between Indian law and environmental law. Indian law is what grounds me. If we think about power dynamics in this country, everything comes back to control of land and resources.

My initial interest in law school was water focused. Coming out of my water policy graduate program, I was excited to be able to work on water settlements for two different tribes in Arizona. I was the tribes’ official counsel in the Gila River Adjudication, which is one of the state-run water adjudications in Arizona. It’s been ongoing since the 70s. It’s a very slow and arduous process for tribes. But securing water rights is one of the most important ways that tribes can build climate change resiliency. It felt meaningful to be part of that work.

What is a water adjudication?

Basically, the court examines who has water rights within each individual watershed. The Gila Watershed, for example, has several sub-tributaries. Every person who has water rights in each designated sub-watershed must appear—at some point—in the state adjudication. Tribes and municipalities, anyone who is a water rights holder in the particular sub-watershed, has to appear and adjudicate their water rights. There’s an Act, the McCarran Amendment, that waived sovereign immunity for federal reserved water rights, including tribal water rights, and allowed them to be administered and adjudicated under state law. Tribes are often the largest and most senior water rights holders in these adjudications, so the stakes are high for them. Water law is so technical and fascinating and infuriating!

Will you tell me about joyful aspects of your schooling or law career?

Many joyful moments have stemmed from the relationships I’ve created through my work, both with clients and co-workers. One thing I’m proud of: When I was in law school, my school didn’t have funding for students who accept unpaid public interest positions over the summer. I went out of state for my first summer to intern for an environmental organization and had to take out extra loans to make that happen. So, when summer ended, me, my now-partner, and another one of our good friends founded an organization that fundraises to provide summer stipends to students who want to pursue social justice or public interest work. That org has continued, and they have a fundraiser every year. Last year we were able to establish an endowment.

Will you tell me about your first months as Environmental Justice Clinic Director?

Coming from New Mexico, I was really enamored with the landscape of Vermont and was just getting used to the new setting. I was impressed with the students and how excited you all are. There’s so much alignment of values at this school, interest in social justice, and students really want to use their legal careers to make the world a better place. It’s nice to reconnect with that energy and remember why I started on this path. And it’s exciting to build upon the EJ legacy at VLGS and connect with clients and continue the good work that’s already begun.

What do you think about environmental justice and whether we’re making progress?

I think there is change more than anything. Many critical race theorists I admire talk about the danger of subscribing to this idea that there has been continuous progress. When considering the daily experiences of those most impacted, I’m not sure how much has improved over the past couple decades. In terms of resources and awareness, though, I have seen change and improvements even in the last ten years.

Environmental justice is a difficult field for many reasons. Our wins often aren’t big and splashy like you might see in other fields of law. Our wins are often small things like making clients or community members feel empowered, being able to assist with storytelling, or helping people navigate a system that intimidates them.

It’s been important for me not to define my career based on external-facing wins and to focus more on the relationships and the day-to-day ways the work can change people’s lives for the better.

What advice do you have for people interested in collaborating with communities that have been disproportionately harmed?

I would encourage everyone in legal practice to take time to understand how their own lived experiences can affect the relationships they build with their clients. If we come from a more privileged position, that comes up when building relationships with communities who have experienced a lot of harm. This work is deeply personal and requires self-reflection. I encourage everyone to explore the frameworks of community lawyering, movement lawyering, and trauma-informed lawyering for frameworks to navigate these dynamics.

Did your introduction to EJ occur all-at-once in a specific occurrence or organically over time?

It was an organic process over time. My family in New Mexico comes from a community that was heavily impacted by the Trinity Nuclear Test of 1945. My grandparents were children when the bomb was detonated. Their community was about 45 miles from the blast site and has a high cancer rate and other ongoing impacts from radiation exposure. We lost my grandfather to pancreatic cancer when I was a teenager. I wish I had had more time to talk with him about his life and his experiences.

I gradually began to put the pieces together and understood that what my family and community had experienced were connected to things I was learning about in school and seeing in other contexts.

Were there any notable shifts in how you think about or approach EJ work?

During law school, I thought that I would do higher profile litigation. After having a wide variety of experiences in different workplaces, I realized there are many different roles for lawyers. Different communities need different things. Now, I strive to be a lawyer who is on tap, rather than on top, and to build an ongoing partnership and relationship with my clients—rather than simply coming in at a moment of crisis.

Are there any other thoughts you’d like to share, Mia?

Right now, I know a lot of people and students struggle with feeling hopeful in this area of law and feeling hopeful in the world. I came of age during the Obama presidency years where the message we received was that progress was this constant, inevitable destiny. And then the 2016 election happened when I was a 2L. I graduated into a legal environment that was very different than I was anticipating. It was an intense space to step into.

Something I draw on for my work is—you often hear Native people refer to seven generations—the concept that everything we do now, we do it for the next seven generations. For me, trying to keep that idea and longevity in mind is helpful for maintaining hopefulness. My people also traditionally have had several world-ending events occur already. For me, it’s helpful to remember that change is inevitable, and even when it feels like everything is falling apart, it’s a special time to be alive as well.

Fiction Recommendation:

The Hummingbird’s Daughter by Luis Alberto Urrea.

Non-fiction Recommendations:

Malcolm X’s autobiography; all of Vine Deloria’s writings; How We Show Up by Mia Birdsong.

Podcast Recommendation:

All My Relations

Artwork on bridge supports in Barrio Logan, California

The Beacon Blog: Consider It Briefed

Sal Si Puedes: Environmental Racism Live and Well in the Heart of One of California’s Largest Cities

By Isaiah Gonzales, Staff Editor for the Vermont Journal of Environmental Law

May 3, 2024

Barrio Logan is nestled in the center of San Diego, California. According to the city’s website, it is considered “the epicenter of Mexican American culture and art.” Given, according to the census, 80% of the residents of Barrio Logan identify as Latinx. However, through all its marketing campaigns of the area and its exploitation of the rich culture and art, the city fails to address the environmental racism that exists within Barrio Logan. It’s true that the Latinx culture is deeply entrenched throughout the streets of the community, but alongside it, the remains of racist city policies still exist leading to the highest rates of asthma and cancer in the San Diego region.

“Not in Our Backyard,” an Account of How Barrio Logan Came to be

During the 1910’s and 1920’s, as Mexico faced a revolution of its own, Barrio Logan became a sanctuary for many Mexican citizens. The neighborhood continued to boom while focusing on the development of family residential areas and small businesses—including anything from local grocery stores to panaderias. Yet, this all came to a halt with the commencement of World War II and the expansion of the War effort. In 1944, National Steel and Shipbuilding Company (NASSCO) built a production shipyard in the little neighborhood north of Thirty-Second Street—Barrio Logan—to assist with building navy ships. The development of this shipyard began the environmental detriment of the barrio.

As city officials saw the “potential” in neighborhood, they began to craft city ordinances to allow for other industrial complexes to come into Barrio Logan. As researchers at the University of San Diego stated, “The community of Barrio Logan—primarily made up of immigrants—settled in the area in the early 1900’s, only to face an influx of polluting industries in their neighborhood when the City of San Diego rezoned the area to allow junk yards and metal plating shops.” However, the city ordinances to turn the neighborhood into a war-time industrial melting pot did not stop. Ultimately, leading to the development of Interstate 5 and the Coronado Bridge, which cut directly through Barrio Logan.

With such a make-up of the neighborhood and blatant disregard by the City of San Diego, it is unmoving to read as of 2003, about 3,000,000 lbs. of toxic pollutants dumped into Barrio Logan.

Sin Aire: Health Conditions as a Result of the Environmental Racism

Somehow in 2024, for many, it is shocking to hear of the high rates of asthma and cancer in Barrio Logan because of the environmental racism. Yet, for many immigrant and Latinx communities, including my own, this has become the norm. Barrio Logan, among many other barrios in California, ranks in the top 5% of most polluted areas in California.

Residents of Barrio Logan live at an 85% chance of developing cancer. And yet, nothing has been done to redress the issue. The City of San Diego thrives of the façade of implementing “progressive policies” and presenting that they care about their constituents, while on the other hand Latinx residents perish from city ordinances leading to their demise. Until something is done to truly address the toxins from NASSCO and the freeways, residents in the area will suffer.

Failure of “White Environmentalism”

As expected, Latinx people make up 5% of the legal community. And thus, there is a need for the legal community to push for environmental reform in places like Barrio Logan. Yet, historically environmentalism has overlooked the plight of people of color and focused more on trees and animals. In no way is this discounting those efforts, but time and time again issues such as the environmental racism in Barrio Logan are left to the people to fix.

Entrenched within the legal fabric of California are environmental laws such as the California Environmental Quality Act (CEQA), but due to the disparity of latines in the profession they are unused to protect neighborhoods like Barrio Logan. As a result, many legal arguments go unutilized and environmental racism persists in our backyards.

The Beacon Blog: Between the Lines

Building a Local Economy: Community-Based Climate Solutions

By Hannah Ziomek, Staff Editor for the Vermont Journal of Environmental Law

May 3, 2024

“You can’t find proper solutions to the climate crisis without addressing environmental justice.” These are the words of Chris Wood, outgoing executive director of Building a Local Economy (BALE), a nonprofit organization right here in South Royalton. I sat down with Chris recently to talk about what BALE does and how community work can help with the fight against climate change and economic inequality. BALE’s mission is to engage with the community about the reasons for our failing climate and extreme economic inequality through intelligent programming that explores systemic issues; to build a base of transformative leaders and increase that base through connecting with those aware of the challenges we face; and build new projects, that sustain a “new, resilient, community-driven experience of the world and our place in it.”

The way Chris sees it, building local capacity is the mechanism we can use to help each other in the climate crisis. However, legally, the state of Vermont, as many other states do, puts barriers up to self-sustaining, climate-friendly, community models. Last year, BALE hosted a programming series about this issue, Hoodwinked in the Greenwashed Mountains, which highlighted false solutions that the state of Vermont and environmental groups in the state of Vermont were putting forward. One of these false solutions is a relevant subject matter of current proposed legislation.

Vermont lawmakers are moving forward with this type of legislation which highlights false solutions, and if it passes, the state of Vermont will be committing to requiring utilities to provide 100% renewable energy. An estimated 50% of Vermont’s energy sourcing comes from hydropower company, HydroQuebec, the largest power utility in Canada. Hydropower is a renewable source of energy that uses the natural flow of moving water to generate electricity. However, the fact that Vermont considers HydroQuebec a true renewable energy source is one of the false environmental solutions that Chris refers to. Although many New England states use power from the company, Vermont is the only one which considers that energy renewable, and allows it to fall within the state renewable energy standard.

This power sourcing to Vermont raises climate concerns, as well as major environmental justice concerns. HydroQuebec floods major quantities of forest lands, releasing large amounts of carbon and methane into the atmosphere, contributing to greenhouse gas emissions, in greater amounts than some non-renewable energy sources. These emissions contribute to the climate change impacts that state renewable energy standards are supposed to be avoiding. Impacts of climate change are starting to be seen in Vermont at the local level, with devastating floods impacting communities, and causing economic strife over this past summer.

However, as Chris explained to me, the mega-dams built by HydroQuebec also cause environmental injustices to indigenous communities in the area. The company has wiped out indigenous villages and communities to build the dams and flooded their land. For those that do remain in the area, the decaying material sickens the communities, which can lead to long-term health impacts. So, this hydropower is not only the source of greenhouse gas emissions, but the source of environmental injustices to native communities. BALE has partnered with 350VT to inform the public about these issues, rally more people for resistance, and put more pressure on the Vermont legislature, as they consider their new renewable energy standard.

As Chris told me at the beginning of our talk, in community “we still need to speak truth,” and that is what BALE has been all about. Being transparent about the actions of large corporations and the government structures and laws that support them, is a valuable community tool, especially in the fight against environmental injustices. In Vermont, there is a tendency to greenwash, and believe that we are ahead of the game, when in reality, discriminatory practices and false solutions are still built into legislation. Maintaining strong community resiliency not only helps in times of crisis but helps strengthen effective communication and relationship building that fosters the trust and transparency needed to form resistance movements. Community-based solutions can help to truly create a Green Vermont.

Protest with a sign that says "#Justice40 Needed"

The Beacon Blog: Consider It Briefed

President Biden’s Justice40 Initiative Could Be Better Implemented

By Erin Evans, Staff Editor for the Vermont Journal of Environmental Law

May 3, 2024

Critics of President Joe Biden’s highly-publicized Justice40 Initiative campaign to distribute federal funding to marginalized communities struggling with pollution and other negative environmental impacts say the program could be better managed. The Government Accountability Office released a report recently that found that the Biden Administration’s Justice40 Initiative “lacked clear guidance at times and needs to assess how the effort is being implemented across agencies.” This report outlines a number of recommendations and suggestions for better management and implementation across the board.

During his first week in office, President Biden issued Executive Order 14008 “Tackling the Climate Crisis at Home and Abroad.” This Executive Order importantly established the Justice40 Initiative, which directs 40% of the overall benefits of Federal investments bookmarked for climate change initiatives—including investments in clean energy and energy efficiency; clean transit; affordable and sustainable housing; training and workforce development; remediation and reduction of pollution; and the development of clean water infrastructure—to flow to disadvantaged communities.

This vast undertaking by the Biden Administration seeks to incorporate “key practices” to “better ensure accountability, transparency, and progress toward achieving the goal of the initiative.” White House Council on Environmental Quality Chair, Brenda Mallory, has previously estimated that nearly 470 programs, worth billions of dollars in federal annual spending, are being reworked to meet the goals of this Initiative.

The Initiative has already seen some success, with over half of the Justice40 Initiative’s pilot programs responding to a recent GAO survey that found the guidance and tools useful in developing their respective plans. However, the congressional watchdog warned that the President’s office has failed to set up any type of oversight entity to manage and judge Justice40’s progress—i.e., defining goals, sharing results, and setting up a scorecard system to manage and oversee those goals and results over time.

The GAO report has made 15 recommendations to the White House to improve the overall management of the Justice40 Initiative. Currently, the President’s office has neither agreed nor disagreed with those recommendations.

Other critics claim that the White House’s environmental justice program may not shrink racial disparities regarding air pollution due in part to possible legal challenges. When the Biden Administration initially designed the program, the issue of race was omitted from the process of calculating who would benefit. The Supreme Court recently struck down race-based affirmative action in college admissions. Many believe that this ruling could flow into federal environmental programs. “Unless carefully implemented, the program may not work as hoped and could even widen the racial gap by improving the air in whiter communities, which may also be disadvantaged in some ways, faster than in communities of color,” according to a recent peer-review study. This study compared the current trajectory in air quality improvements with two alternative scenarios in which air quality in disadvantaged communities improved at double or quadruple the overall rate. The study found that even if pollution improved faster in these broadly defined disadvantaged communities, the pollution would remain significantly worse for people of color.

According to Julian Marshall, a professor of civil and environmental engineering at the University of Washington, “the results we have here are one piece of evidence that suggests if you don’t account for race/ethnicity, then you won’t be addressing the disparities by race/ethnicity.”

Ultimately, the Justice40 Initiative, while a valiant undertaking by the Biden Administration and its related federal agencies, still has work to do to ensure that pollution rates factor race within its calculations for federal funding to marginalized communities and to implement a better oversight system for assessing the Initiative’s programs. The jury is still out on President Biden’s Justice40 Initiative. Only time will tell whether the Initiative truly has been successful within environmental justice communities.

Farm worker in a field spraying pesticides

The Beacon Blog: Consider It Briefed

Farmworkers and the Pesticide Exposure Crisis

By Christina Karem, Staff Editor for the Vermont Journal of Environmental Law

May 3, 2024

What’s worse than finding a worm in your apple? Finding half a worm. That being said, no one wants to find any worms in any of their produce. Pesticides are used to deter insects and other pests from eating produce and crops, control weed growth, and increase the productivity of agriculture. While pesticides sound like a beneficial and crucial part of the food system, pesticides threaten human health and the environment, especially for those individuals who work in fields riddled with pesticides. Exposure to pesticides can result in cancer, act as endocrine disrupters, trigger respiratory and reproductive problems, and contribute to countless other health issues. Despite these risks, pesticides are used often and are found on 75% of non-organic produce in the United States.

Three main United States statutes address pesticide presence in the food system: the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Food, Drug, and Cosmetic Act (FDCA); and the Food Quality Protection Act (FQPA).

The Federal Insecticide, Fungicide, and Rodenticide Act

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governs the sale, use, and registration of pesticides in the United States. 7 U.S.C. § 136. FIFRA requires that pesticides be registered by the EPA. Before registration, the pesticide must prove it “will not generally cause adverse effects on the human environment.” 7 U.S.C. § 136(a). The approval process is supposed to consider social, economic, and environmental costs and benefits. The United States Department of Agriculture originally held responsibility for pesticide approval and monitoring, but has since transferred authority to the Environmental Protection Agency (EPA). FIFRA establishes worker protection standards for employees who work in pesticide production facilities but does not provide the same protection for workers who handle pesticides in other environments. FIFRA also allows states to regulate the sale and use of registered pesticides, but states are not allowed to impose labeling requirements.

The Federal Food, Drug, and Cosmetic Act

The Food, Drug, and Cosmetic Act (FDCA) grants authority to the EPA over setting pesticide tolerance levels in food. 21 U.S.C. §346(a). A food is deemed safe as long as the chemical residue does not exceed the tolerance levels set by EPA. The EPA Administrator sets tolerance levels they determine as “safe,” meaning “reasonably certain that no harm will result from aggregate exposure to the pesticide chemical residue.” The FDCA emphasizes consideration of infants and children, as well as sensitive subpopulations as determined by the Administrator. The Food Quality Protection Act (FQPA) amended the FDCA to enhance protections for sensitive subpopulations and at-risk populations. FQPA added the language of “reasonable certainty”, and allowed the EPA to consider non-occupational exposure, such as diet, water, and residential use.

Farmworker Injustice

Pesticide laws do not protect farmworkers from exposure to harmful chemicals. Farmworkers often breathe in these chemicals because they lack protective gear, are unaware of the dangers of constant pesticide exposure, and live near farms that regularly spray pesticides over crops. Farmworkers are not considered sensitive subpopulations in EPA’s risk assessment tests, so health issues arising in these populations stemming from pesticide exposure are overlooked.

The Occupational Safety and Health Administration (OSHA) cannot take action to protect farmworkers because it is preempted by EPA’s authority to set standards for allowable pesticide exposure levels. The OSH Act states that “Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies … exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.” OSH Act, 29 U.S.C. 653(b)(1). OSHA applies a two-pronged test: whether another agency has authority, and whether they have exercised this authority. The EPA has exercised its authority over pesticides by creating standard toxicology tests to measure human health risks. So, EPA would have to give up its regulation affecting farmworker safety and health for OSHA to take over safety standards. Or EPA could promulgate procedures to protect farmworkers.

Nearly 2.4 million people in the United States are farmworkers. At least 20% of these farmworkers live below the poverty line, making it difficult for them to access good healthcare. About 36% of farmworkers are not authorized to work legally in the United States, which decreases legal protections, increases the risk of abuse, and reduces the likelihood farmworkers will seek help if harmed by pesticides. Organizations like Farmworker Justice are advocating for farmworker safety, but their efforts must be met with legislative change. Should pesticide regulation (or lack thereof) continue to disregard this at-risk population, health issues will continue to rise in farmworker communities, impacting our food system in ways we cannot imagine.

The Beacon Blog: Consider It Briefed

A Sacrifice to the Emperor of Forever: PFAS and Sacrifice

By Alexis McCullough, J.D. Candidate, 2024, Vermont Law & Graduate School and Articles Editor, Production Coordinator, and Personal Notes Editor for the Vermont Law Review

October 1, 2023

The Agency for Toxic Substances and Disease Registry noted that “most people in the United States have one or more specific PFAS in their blood, especially PFOS and PFOA.”(1) PFOS (perfluorooctane sulfonic acid) and PFOA (perfluorooctanoic acid) belong to a class of human-made chemicals known as PFAS, or per- and polyfluoroalkyl substances.(2) PFAS are characterized by their carbon-fluorine bonds, which are among the strongest in chemistry, giving them the nickname “forever chemicals.” The bonds make PFAS remarkably durable but also make them highly persistent in the environment. PFAS’s chemical nature allow them to exist in thousands of chemical forms, making them versatile enough to be found in numerous products. Chemicals are usually mobilethink of carbon existing everywhere and in all living organismsbut PFAS’s mobility makes them more dangerous than most other chemicals. PFAS have been found in the blood of humans and hundreds of species because of its prevalence in the air, soil, and water.(3) There is no escaping them.

Along the Mississippi River in Louisiana, communities are more likely to die because of petrochemical industrial practices. This location is called Cancer Alley, a sacrifice zone created from petrochemical facilities and factories releasing harmful chemicals into the environment. When an industry places a heavy environmental burden on an area to the point where inhabitants are forced to remain behind because of the high economic cost of leaving, a sacrifice zone arises.(4) These zones are usually adjacent to heavily-polluting industries or military bases, and people in areas near those facilities are “sacrificed” to the pollutant(s) caused by the pollution source. Sacrifice zones exist in an environmental justice context because it is often low-income and minority communities that suffer the most from chronic chemical exposure.(5) Often, those living in sacrifice zones do not know that they are being exposed to high levels of pollution.

In Cancer Alley, Black residents are unknowingly exposed to multiple sources of industrial air pollution, creating a cancer rate of about 47 times higher than the Environmental PPA’s acceptable levels.(6) PFAS also infest the unknowing residents’ drinking water, creating a cycle of exposure for the residents that use the Mississippi River in their daily life.(7) Without remedial action, they are sacrificed to the chemical manufacturing industry’s pollution.

Manufacturing facilities producing PFAS or PFAS byproducts can release those chemicals into the environment through several ways. PFAS can escape through the regular course of a manufacturing business or by accident. Through air emissions, spills, or waste disposal–among other ways–PFAS can leach into the environment and contaminate the air, drinking water, and soil near the facilities. Then those PFAS accumulate due to their “forever chemical” nature, making them capable of reaching the communities’ food and drinking water and staying in the bodies of the populace.

If more PFAS are not regulated, more sacrifice zones may be created. PFAS may cause communities across the United States to be sacrificed due to industries inadequately managing their PFAS production and harming the people and the environment. The EPA has regulated some of the chemicalsabout six of them so far in drinking water and identifying hundreds of PFAS under the Toxic Substances Control Act (TSCA).(8) However, the EPA should consider adding more PFAS in future rulemaking actions. Recently, communities face problems with unregulated or underregulated PFAS.

Three decades ago, DuPont released a chemical called GenX into Cape Fear River in North Carolina.(9) GenX slowly contaminated the drinking water for the 500,000 people living in three counties.(10) DuPont became Chemours, and Chemours placed self-imposed safeguards to reduce the amount of PFAS flowing into the river.(11) Unfortunately, PFAS bioaccumulate. Depending on the type of PFAS, it takes anywhere from 72 hours to 35 years to leave the body.(12) When eaten or drank, PFAS migrate to protein-rich tissues of the body, which are typically the liver and blood, but PFAS are also detected in the brain.(13) During that time of bioaccumulation, people may report symptoms from a long list of health effects.(14) However, PFAS are understudied and underregulated, making proving knowledge of contamination in humans and in the area difficult.

As many as 49,145 industrial facilities may exist as PFAS contamination sites.(15) The severity of PFAS contamination throughout the United States cannot be overstated, and it is imperative that PFAS are regulated more before heavy PFAS pollution creates a trend of sacrifice zones. The disproportionate harm brought on those on the frontlines of PFAS exposure is likely to continue to be a subject of concern in the future.

Citations

PFAS Blood Testing, AGENCY FOR TOXIC SUBSTANCES & DISEASE REGISTRY, https://www.atsdr.cdc.gov/pfas/health-effects/blood-testing.html (last updated Nov. 1, 2022).
Id.
PFAS Blood Testing, supra note 1; see also Wildlife Warning: More Than 330 Species Contaminated with Forever Chemicals,’ EWG, https://www.ewg.org/news-insights/news/2023/02/wildlife-warning-more-330-species-contaminated-forever-chemicals (last updated Sept. 26, 2023). Blood tests are how humans and animals are tested for PFAS.
STEVE LERNER & PHIL BROWN, SACRIFICE ZONES: THE FRONT LINES OF TOXIC CHEMICAL EXPOSURE IN THE UNITED STATES 2-3 (2010).
Nigell Moses, High Levels of Forever Chemicals’ in Southeast Louisiana Drinking Water Spur Concern, LA. ILLUMINATOR (Jan. 25, 2023), https://lailluminator.com/2023/01/25/high-levels-of-forever-chemicals-in-southeast-louisiana-drinking-water-spur-concern/ (“We are not a sacrifice zone, but continually we are the ones that are sacrificed.”).
Lisa Song & Lylla Younes, EPA Calls Out Environmental Racism in Louisiana’s Cancer Alley, PROPUBLICA (Oct. 19, 2022), https://www.propublica.org/article/cancer-alley-louisiana-epa-environmental-racism. There are high levels of airborne carcinogens in Cancer Alley created by a former DuPont facility generating chloroprene. Id. Now Denka Performance Elastomer owns the former facility, continuing the cancer-causing impact on the populace and continuing its legacy as the only chloroprene-generating industrial site in the United States. Id. Last year, the EPA wrote a letter to Louisiana’s health and environmental agencies, warning them of the harm and risk from chloroprene, which is an air-pollutant carcinogen. Id. Through President Biden’s Inflation Reduction Act, the EPA gave a grant to the Louisiana Department of Environmental Quality to create an air monitoring project in St. James Parish, a parish in Cancer Alley. EPA, Rep. Troy Carter Announce Grant for La. DEQ Air Monitoring Project in St. James Parish, U.S. E.P.A. (June 5, 2023), https://www.epa.gov/newsreleases/epa-rep-troy-carter-announce-grant-la-deq-air-monitoring-project-st-james-parish.
Moses, supra note 5.
Per- and Polyfluoroalkyl Substances (PFAS): Proposed PFAS National Primary Drinking Water Regulation, U.S. EPA, https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas (last updated June 6, 2023); see also 40 C.F.R. § 705 (2022).
Trista Talton, Researchers Make Strides in Five Years Since GenX First Reported in Cape Fear River, WRAL NEWS, https://www.wral.com/story/researchers-make-strides-in-five-years-since-genx-first-reported-in-cape-fear-river/20319478/ (last updated June 7, 2022) (stating GenX chemicals are hexafluoropropylene oxide dimer acid, or HFPO-DA).
Katie Myers, Is PFAS Pollution a Human Rights Violation? These Activists Say Yes., GRIST (Apr. 27, 2023), https://grist.org/accountability/is-pfas-pollution-a-human-rights-violation-these-activists-say-yes/.
David Gelles & Emily Steel, How Chemical Companies Avoid Paying for Pollution, N.Y. TIMES (Oct. 21, 2021), https://www.nytimes.com/2021/10/20/business/chemours-dupont-pfas-genx-chemicals.html.
PFAS Exposure Assessment Community Update – Online Information Session, AGENCY FOR TOXIC SUBSTANCES & DISEASE REGISTRY, https://www.atsdr.cdc.gov/pfas/activities/ assessments/online-session.html (last updated Jan. 22, 2021).
Hannah M. Starnes et al., A Critical Review and Meta-Analysis of Impacts of Per- and Polyfluorinated Substances on the Brain and Behavior, 4 Frontiers Toxicology 1, 2-3 (2022), https://doi.org/10.3389/ftox.2022.881584.
Id. at 4.
Derrick Salvatore et al., Presumptive Contamination: A New Approach to PFAS Contaminated Based on Likely Sources, 9 Env’t Sci. & Tech. Letters 983, 983, 986 (2022).

The Beacon Blog: Consider It Briefed

Environmental Justice in 2023: Equal Funding for All?

By Elizabeth Beairsto, Staff Editor for the Vermont Journal of Environmental Law

August 7, 2023

Introduction

From Flint Michigan’s contaminated water supply to Cancer Alley in southern Louisiana, communities of color and low-income communities are disproportionately affected by environmental pollution. Now, after decades of disinvestment, the Biden-Harris Administration has made Environmental Justice (“EJ”) a priority.

Spurred by the Biden-Harris Administration’s commitment to inclusivity, economic security, and climate resilience, 2023 brings historic federal funding in the fight against climate inequities. After decades of disinvestment, communities burdened by pollution and racist practices will receive this funding.

President Biden’s Justice40 Initiative [1] ignites the allocation of 40% of the overall benefits from federal investments to disadvantaged communities. Recent federal investments falling under the Initiative’s guidance include the 2021 bipartisan Infrastructure Investment and Jobs Act (“IIJA”)[2] and the Inflation Reduction Act (“IRA”) of 2022.[3] The IIJA invests in EJ communities by increasing access to clean drinking water; remediating legacy pollution; expanding access to public transit; and modernizing infrastructure.[4] Similarly, the IRA mirrors language from the Justice40 Initiative while building on investment programs from the IIJA. With nearly $369 billion in clean energy and climate tax credits, the IRA designates $3 billion in EJ block grants.[5]

On February 23, 2023, the Biden Administration announced $550 million in EJ grants in accordance with the IRA. Designed to expedite investments through the U.S. Environmental Protection Agency (“EPA”)’s new Environmental Justice Thriving Communities Grantmaking (“EJ TCGM”) program, this funding will advance efficiency and simplify the application process for EJ grants. However, with funding allocated and Republicans in control of the House, the year ahead is a crucial moment for EJ communities.

How this money is distributed presents a momentous task of ensuring investments reach communities most in need. Misuse of the funding, specifically allocation to organizations that do not need financial assistance, risks hurting EJ communities. Because local and state governments ultimately control how the money they receive gets used, agency oversight is paramount.

Where to Watch: Texas & Louisiana

Texas:

With a history of locating hazardous waste facilities, industrial plants, and other polluting industries in low-income communities and communities of color, Texas is rife with environmental injustices. Carbon capture and storage, highway expansions and increased natural gas exports all threaten EJ communities within the Lonestar state. Further, the current controversy surrounding illegal dumping in Houston highlights the ongoing injustices minority Texans face.

Vulnerable Texans disproportionately face pollution. For instance, minority neighborhoods in Houston are burdened with waste facilities.[6]. Home to “all five city-owned landfills,” six out of eight incinerators, and three out of four privately-owned landfills, these neighborhoods bear the brunt of the city’s pollution.[7] Additionally, from the 1930s until 1978, a staggering 82% of solid waste disposed of in Houston was dumped in predominantly African American neighborhoods, despite African American residents comprising only 25% of the population.[8]

As the Biden Administration recognizes the urgency of addressing environmental injustice, the Department of Justice (“DOJ”)’s investigation into Houston’s waste management practices is a notable example of the federal government’s commitment to ensuring that communities of color are not unfairly burdened with environmental hazards.

Louisiana:

Louisiana has been criticized for its inadequate regulation of toxic chemicals, particularly as it is home to Cancer Alley. The history of Cancer Alley dates back to the 1920s, when the first petrochemical plants were established in the area.[9] Originally coined “chemical corridor” for the hub of oil refineries that dot its landscape, 1987 brought a new name to the region: Cancer Alley.[10] The rapid industrialization of the region paired with lacking environmental regulations resulted in a wide range of ailments plaguing the residents, from cancer to mental and physical developmental disorders.[11]

Cancer Alley exemplifies the ongoing struggle to tackle the interconnected issues of race, poverty, and pollution. Home to African American and low-income residents, “this form of environmental racism poses serious and disproportionate threats to the enjoyment of several human rights . . . including the right to equality and non-discrimination, the right to health, right to an adequate standard of living and cultural rights.”[12] As federal investments roll out to the state, “air pollution projects are made possible to assess and address air quality across the industrial corridor.”[13] Thus, with Louisiana organizations receiving $2,399,604 from the IRA to support “air quality monitoring in marginalized communities,” agency oversight is paramount to prevent the perpetuation of past injustices.[14]

In October 2022, the EPA directed Louisiana to examine the disproportionate burdens black residents bear from air pollutants causing cancer. As of March 2023, Louisiana residents and the DOJ have unveiled a federal lawsuit. This lawsuit accuses local officials of civil rights and religious liberty violations by repeatedly approving the construction of petrochemical plants in two predominantly Black districts.[15] As such, the EPA and DOJ are collaborating to advance this pending litigation. When paired with federal investments and incentives, this partnership serves as an encouraging example for achieving justice and restoring dignity within vulnerable communities. This approach is necessary to mitigate the devastating impacts of environmental injustices and take concrete steps to rectify these harms.

Citations

Exec. Order No. 14008, 86 FR 7619-7633, https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad.
Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, H.R. 3684, 117 Cong. (2021), https://www.congress.gov/bill/117th-congress/house-bill/3684/text.
Inflation Reduction Act, Pub. L. No. 117-169, H.R. 5376, 117 Cong. (2022), https://www.congress.gov/bill/117th-congress/house-bill/5376.
See The White House, The Bipartisan Infrastructure Law Advances Environmental Justice (Nov. 16, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/16/the-bipartisan-infrastructure-law-advances-environmental-justice/.
Carlos Barria, White House Announces $13 Bln.in Funding to Modernize Power Grids, Reuters (Nov. 18, 2022), https://www.reuters.com/world/us/white-house-announces-13-bln-funding-modernize-power-grids-2022-11-18/.
See Robert D. Bullard, Environmental Justice & The Politics of Garbage: The Mountains of Houston (2014).
Cole Rosengren, Environmental Justice, including at waste sites, takes center stage at Houston Event, https://www.wastedive.com/news/enviornmental-justice-epa-waterhouse-bullard-houston/622414/ (Apr. 27, 2022).
Id.
See Monique Michelle Verdin, Cancer Alley, Istrouma to the Gulf of Mexico, 26 Art & Vision 30-42 (2020), https://www.southerncultures.org/article/cancer-alley/.
Dorceta E. Taylor, Cancer Alley, Louisiana, Pollution A to Z (2004).
Sumaya Addish, Cancer Alley, Louisiana (1987-) (Jul. 1, 2021), https://www.blackpast.org/african-american-history/cancer-alley-louisiana-1987/.
United Nations Office of the High Commissioner for Human Rights, USA: Environmental Racism in Cancer Alley Must End- Experts, Press Release (Mar. 17, 2021), https://www.ohchr.org/en/press-releases/2021/03/usa-environmental-racism-cancer-alley-must-end-experts.
EPA, EPA Announces Louisiana to Receive Nearly $2.4 Million for Air Monitoring Projects (Nov. 3, 2022), https://www.epa.gov/newsreleases/epa-announces-louisiana-receive-nearly-24-million-air-monitoring-projects.
Id.
See Oliver Laughland, Cancer Town: Residents of Louisiana’s Cancer Alley’ announce lawsuit against local officials, THE GUARDIAN (Mar. 21, 2023), https://www.theguardian.com/us-news/2023/mar/21/louisiana-st-james-parish-cancer-alley-lawsuit.

Food is the fulcrum point for many people to pry away the tentacles of colonization. Food sovereignty is the principle behind the leverage.

The Beacon Blog: Consider It Briefed

Decolonizing Through Food Sovereignty

By Callum LaFrance, Staff Editor for the Vermont Journal of Environmental Law

May 17, 2023

Food is the fulcrum point for many people to pry away the tentacles of colonization. Food sovereignty is the principle behind the leverage.

Food sovereignty does not have a uniform definition; however, organizations generally define it as communities having control over the production, distribution, and quality of the food they consume. (1) Some other organizations take this definition further by addressing the social and economic relations of food systems:

“Food sovereignty is the right of peoples to healthy and culturally appropriate food produced through ecologically sound and sustainable methods, and their right to define their own food and agriculture systems. It puts the aspirations and needs of those who produce, distribute and consume food at the heart of food systems and policies rather than the demands of markets and corporations.” (2)

La Via Campesina, the organization that coined the term in 1996, further qualifies this definition; “Food is the expression of values, and human dignity, cultures, social relations and self-determination, interdependence with nature.” (3)

Along that line of interdependence with nature, communities bring benefits to themselves and the environment while pursuing food sovereignty. These benefits are the foil to the harm caused by the exploitative and extractive practices of colonial food systems. Instead of depleting the soil and producing food with low nutrient values, traditional practices produce resilient soils and nutrient rich food, without hazardous and expensive chemicals. (4) Furthermore, the money earned by food sales stays local, instead of being concentrated in a few agriculture corporations.

The history of colonial food systems has been that of domination and dependence. In the Americas, colonial powers worked to separate Indigenous people from their food sources to separate them from their cultural practices and weaken their ability to fight colonial expansion. Just a few of the many examples of these colonizing acts include: During the Sullivan Expedition the Continental army, while committing heinous war crimes against the Haudenosaunee, targeted and destroyed fields and winter stores of food; The American army, in a similar act, funded the near extermination of buffalo to weaken Indigenous peoples living on the plains and force them into dependency on government rations unreliably dispensed at the reservations; In South America the Spanish colonizers lead a destructive

campaign against quinoa cultivation to destabilize this cultural practice and force Indigenous farmers to rely on Spanish agricultural practices. (5)

Modern examples of colonial impacts on food systems exist as well. In South America Indigenous communities in the Amazon Basin have been forced to rely on commercial food supplies rather than their traditional food sources because government supported mining along the river has caused extremely dangerous levels of mercury contamination. (6) The Green Revolution, the agricultural movement in western societies that used heavy amounts of fertilizer, pesticides, and Genetically Modified Organisms, also continues to have a devastating effect on local farming communities. (7)

Despite increasing the global food yield and bringing relief to many countries experiencing famine in mid 20th century, this style of farming creates a dependency on industrial fertilizers and pesticides and designer seeds, the price point of which pushes small and traditional farmers out of the market. (8) This led to most food production being controlled by a few large agricultural corporations. (9)

Luckily, there are groups and organizations that work to empower people to take control of their lives through food. Organizations like Soul Fire Farm in New York and SUSU in Vermont grow healthy food for community members who lack access to healthy food. These organizations also educate people about traditional agricultural practices as a way to reclaim a connection to the land and control over what they eat. The Ron Finely Project follows a similar tack though teaching urban farming. The Palestinian Agricultural Relief Committees (PARC) channels resources and logistical aid to Palestinian farmers with the goal of creating “strong Palestinian rural areas empower[ed] by its agriculture sector and backboned with sovereignty.” (10) In the United States, the push for returning land access to Federal lands to Indigenous peoples has also aided the food sovereignty movement because it increases access to traditional food sources and medicines. (11)

Citations

USDI BIA, Why Food Sovereignty Matters, https://www.bia.gov/service/indigenous-tourism/why-food-sovereignty-matters (last visited May 4, 2023).
U.S. FOOD SOVEREIGNTY ALL., http://usfoodsovereigntyalliance.org/what-is-food-sovereignty/ (last visited Mar. 27, 2023).
LA VIA CAMPESINA, PEASANT RIGHTS AND FOOD PRODUCTION 6 (Oct. 3, 2022), https://viacampesina.org/en/undrop-thematic-booklet-no-2-peasant-rights-and-food-production-now-available/.
THE CLIMATE REALITY PROJECT, LOVE REGENERATIVE AGRICULTURE? THANK INDIGENOUS PEOPLES, (Sept. 22, 2022) https://www.climaterealityproject.org/blog/love-regenerative-agriculture-thank-indigenous-peoples.
NAT’L PARK SERV., The Clinton-Sullivan Campaign of 1779, https://www.nps.gov/articles/000/the-clinton-sullivan-campaign-of-1779.htm (last visited Mar. 27, 2023); J. Weston Phippen, Kill Every Buffalo You Can! Every Buffalo Dead Is an Indian Gone’, THE ATLANTIC, May 13, 2016, https://www.theatlantic.com/national/archive/2016/05/the-buffalo-killers/482349/; FoodPrint, https://foodprint.org/real-food/quinoa/ (last visited Mar. 27, 2023).
INFOAMAZONIA, https://infoamazonia.org/en/2021/11/26/indigenous-munduruku-contaminated-mercury/ (last visited Mar. 27, 2023).
The Green Revolution was the agricultural movement in western societies that used heavy amounts of fertilizer, pesticides, and Genetically Modified Organisms. For more on its impacts see INT’L FOOD POL’Y RSCH. INST., Green Revolution: Curse or Blessing?, 3 (2002) https://www.ifpri.org/publication/green-revolution.
Id.
Id.
PALESTINIAN AGRIC. RELIEF COMMS., https://pal-arc.org/about-us/en (last visited May 4, 2023).
Jim Robbins, How Returning Lands to Native Tribes Is Helping Protect Nature, YALE ENVIRONMENT 360, (June 3, 2021) https://e360.yale.edu/features/how-returning-lands-to-native-tribes-is-helping-protect-nature; Lynda Mapes, First Foods: How Native people are revitalizing the natural nourishment of the Pacific Northwest, SEATTLE TIMES, (July 10, 2022), https://projects.seattletimes.com/2022/first-foods-native-people-pacific-northwest-preserving/.