Environmental Justice: Environmental Justice: Process and InequalityProcess and Inequality

Charlie LordCharlie LordBC Law SchoolBC Law School

Environmental Studies Program Environmental Studies Program Boston CollegeBoston College

EJ Theory Suggests Communities EJ Theory Suggests Communities of Color have: of Color have:

More environmental disamenitiesMore environmental disamenities

Fewer environmental amenitiesFewer environmental amenities

Less access to decision-making Less access to decision-making

processesprocesses

How has the environmental How has the environmental injustice case been presented?injustice case been presented?

Examination of patterns of Examination of patterns of amenities/disamenitiesamenities/disamenities

MA Study by Faber & KreigMA Study by Faber & Kreig Minority communities average more Minority communities average more

than 4 x’s the number of hazardous than 4 x’s the number of hazardous waste siteswaste sites

Minority communities exposed to Minority communities exposed to nearly 5 x’s as many lbs. of nearly 5 x’s as many lbs. of chemicals chemicals

MA Study by Faber and KreigMA Study by Faber and Kreig Low income communities exposed to Low income communities exposed to

nearly 7 x’s as many lbs. of nearly 7 x’s as many lbs. of chemicalschemicals

Low income communities average Low income communities average nearly 2.5 x’s more waste sites and 4 nearly 2.5 x’s more waste sites and 4 x’s as many waste sites per square x’s as many waste sites per square milemile

National DataNational Data Robert Bullard Study: 2008Robert Bullard Study: 2008

2000 Census Data2000 Census Data Over 9 million people live within 3 Km of a Over 9 million people live within 3 Km of a

commercial waste facilitycommercial waste facility These neighborhoods are 56% people of colorThese neighborhoods are 56% people of color Non-host communities are 30% people of colorNon-host communities are 30% people of color Percentage comparisons:Percentage comparisons:

African American 1.8 times greaterAfrican American 1.8 times greater Hispanic/Latino 2.3 times greaterHispanic/Latino 2.3 times greater Asian/Pacific Islander 1.8 times greaterAsian/Pacific Islander 1.8 times greater

National DataNational Data Metropolitan IssueMetropolitan Issue

Host areas are densely populatedHost areas are densely populated 870 people/sq. km870 people/sq. km

83% of sites are in metro areas (343 83% of sites are in metro areas (343 sites)sites)

Socio-economic disparitiesSocio-economic disparities Poverty rates 1.5x higher in host areasPoverty rates 1.5x higher in host areas Mean household income is 15% lowerMean household income is 15% lower

Methodology CritiquesMethodology Critiques Definition of minorityDefinition of minority Unit of analysisUnit of analysis Summary: General pattern of Summary: General pattern of

distributional inequitydistributional inequity

Regulatory Salience Critique Regulatory Salience Critique Distributive injustice alone: Not a concernDistributive injustice alone: Not a concern

Absent evidence of discrimination or procedural Absent evidence of discrimination or procedural biasbias

Post-siting market dynamicsPost-siting market dynamics Which came first: The hazard or the distribution?Which came first: The hazard or the distribution?

Community PreferenceCommunity Preference Blais: Market in preferences works well enough Blais: Market in preferences works well enough

to conclude that, overall, disparities are to conclude that, overall, disparities are generally justified by differing preferences.generally justified by differing preferences.

Legal and Political ImplicationsLegal and Political Implications Political ForcePolitical Force

““Racism”: Contemporary moral strengthRacism”: Contemporary moral strength Connection to structural repressionConnection to structural repression

Constitutional AnalysisConstitutional Analysis Narrower Narrower

Purposeful conductPurposeful conduct Consciousness of race as motivating factorConsciousness of race as motivating factor Individual actorIndividual actor

ResponseResponse Market critiqueMarket critique

Cole and FosterCole and Foster Accept the critique Accept the critique

Response: structural racism Response: structural racism Economic and social factorsEconomic and social factors

Segregation in housingSegregation in housing Lack of political power Lack of political power

Distributive outcomes are unjustDistributive outcomes are unjust Community PreferencesCommunity Preferences

KaswanKaswan Similarly: Structural racism suggests Similarly: Structural racism suggests

community preferences are not metcommunity preferences are not met

ImplicationsImplications Legal and political force measured Legal and political force measured

by:by: Distance from Individual ActorDistance from Individual Actor Distance from race as decisional factorDistance from race as decisional factor

Or at least consciousness of race as Or at least consciousness of race as motivating factormotivating factor

What’s Different About Our What’s Different About Our Study?Study?

Outcome equity vs. Process Outcome equity vs. Process equityequity

Process-Equity AnalysisProcess-Equity Analysis Focuses on processes that create Focuses on processes that create

outcome inequityoutcome inequity Especially evidence of race as a known Especially evidence of race as a known

causal factorcausal factor

Examples: hazardous waste Examples: hazardous waste facility/incinerator siting, court facility/incinerator siting, court decisions, zoning maps and decisionsdecisions, zoning maps and decisions

Our HypothesisOur Hypothesis

Land use processes over time situate Land use processes over time situate disproportionate amount of disproportionate amount of disamenities in low income/minority disamenities in low income/minority communitiescommunities

Race was a motivating factorRace was a motivating factor

How are we testing this How are we testing this hypothesis?hypothesis?

Step 1: Gather data re “noxious use” Step 1: Gather data re “noxious use” decisions decisions

Step 2: Overlay locations with Step 2: Overlay locations with race/income datarace/income data

Step 3: Determine if patterns of Step 3: Determine if patterns of inequity existinequity exist

Step 4: If yes, review and analyze Step 4: If yes, review and analyze decisional recorddecisional record

ZoningZoning Determines where certain uses can Determines where certain uses can

occuroccur Allocation of Land UsesAllocation of Land Uses

As of rightAs of right Conditional UseConditional Use

Research PlanResearch Plan Zoning MapsZoning Maps Conditional Use DecisionsConditional Use Decisions

1931-1971(Presumptive right)1931-1971(Presumptive right) City Council City Council

1971 to present (Specified as of 1971 to present (Specified as of right/conditional)right/conditional)

City CouncilCity Council Zoning Board of AppealsZoning Board of Appeals

What data have we found?What data have we found?

Zoning Board of Appeals Decisions Zoning Board of Appeals Decisions City Council records City Council records ScaleScale

Reviewed every decision 1931-present (10,000)Reviewed every decision 1931-present (10,000) Pulled 3000 decisions for reviewPulled 3000 decisions for review Entered 1000 records relevant to environmental Entered 1000 records relevant to environmental

disamenitiesdisamenities

How did we categorize data?How did we categorize data? IncineratorsIncinerators Recycling facilitiesRecycling facilities Penal/correctional facilitiesPenal/correctional facilities Garage/open parking lotGarage/open parking lot 100+ housing unit100+ housing unit Other uses with environmental Other uses with environmental

impactsimpacts

Example of ZBA SpreadsheetExample of ZBA Spreadsheet

Docket # Year Code Use/Disamenity Location Decision 6-60 1960 6 slaughter house 1242 Hargest Lane App.

475-89 1989 2 waste recycling plant 500 Chemical Rd App.

182-90 1990 2 landfill 3115 ft. w. of App. Patapsco Ave. on Baltin

277-91 1991 1 incinerator 3204-3214 Hawkins Pt. Rd. Disapp. 113-93 1993 4 auto repair shop 3146-3158 Wilkens Ave. Disapp.

Example of Ordinance Spreadsheet Example of Ordinance Spreadsheet

Number Year Code Disamenity Location

128 1940 6 Oil Storage Tank for Power Plant 2101-2121 Kloman St.

176 1952 6 Smelting Plant N. side of Open St. up to Marely Neck Branch

779 1957 2 Scrap iron and metals 1510 Aspen St.

1099 1971 1 Incinerator Pulaski Highway, Reedbird Ave.

304 1998 4 Open Area Parking Lot 1205 Bank St.

Data AnalysisData Analysis

Map and analyze records in relation to Map and analyze records in relation to race and incomerace and income

Overlay to demographic dataOverlay to demographic data Evaluate change in spatial patterns over Evaluate change in spatial patterns over

timetime Review and analyze decisional recordReview and analyze decisional record

Map and analyze records in relation to Map and analyze records in relation to Redlining DataRedlining Data

Redlining DataRedlining Data Home Owners Loan AssociationHome Owners Loan Association Security Grade by NeighborhoodSecurity Grade by Neighborhood

High, Still Desirable, Declining, HazardousHigh, Still Desirable, Declining, Hazardous CriteriaCriteria

Occupations of ResidentsOccupations of Residents Average annual incomeAverage annual income NationalityNationality Percentage of “negro” familiesPercentage of “negro” families Threat of InfiltrationThreat of Infiltration

““negro, foreign born, lower-grade populations”negro, foreign born, lower-grade populations” Encroachment of Industrial ZoneEncroachment of Industrial Zone

Baltimore ReportsBaltimore Reports Race and Industrial CharacterRace and Industrial Character

Redlining Data ImplicationsRedlining Data Implications Regulatory Salience CritiqueRegulatory Salience Critique

Approval of Conditional UseApproval of Conditional Use Nature of proposed siteNature of proposed site Nature of surrounding areaNature of surrounding area

Extent to which proposed use might impair Extent to which proposed use might impair present and future developmentpresent and future development

Proximity of dwellings, churches, schoolsProximity of dwellings, churches, schools Does Redlining Import Race as a Does Redlining Import Race as a

Decisional Factor?Decisional Factor?

Next Steps: Evaluate the Market Next Steps: Evaluate the Market CritiqueCritique

Longitudinal analysisLongitudinal analysis Variances and Demographics Variances and Demographics

By Decade By Decade Demographics inside impact zones and as compared to Demographics inside impact zones and as compared to

control areas or city as a wholecontrol areas or city as a whole Demographics in zones around approved versus Demographics in zones around approved versus

disapproved variancesdisapproved variances Connections to decisional recordConnections to decisional record

Redlining AnalysisRedlining Analysis Correlations between redlining zones and variancesCorrelations between redlining zones and variances Review of decisional records Review of decisional records