STATE%20ENVIRONMENTAL%20JUSTICE%20LAWS

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STATE ENVIRONMENTAL JUSTICE LAWS

• THE RHODE ISLAND EXPERIENCE

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HOW THE WORK BEGAN

• City of Providence seeks to build two schools on
  top of former Providence City Dump
• Community Members Seek Legal Assistance From
  Rhode Island Legal Services (RILS)
• RILS discovers a law to sue uponEnvironmental
  Equity and Public Participation

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ENVIRONMENTAL EQUITY AND PUBLIC PARTICIPATION
(1995)

• The department of environmental management shall
  consider the effects that clean-ups would have on
  the populations surrounding each site and shall
  consider the issues of environmental equity for
  low income and racial minority populations.
• The department of environmental management will
  develop and implement a process to ensure
  community involvement throughout the
  investigation and remediation of contaminated
  sites. 

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LAWSUIT FILED 1999LAWSUIT WON 2005

• DEM failed to consider environmental equity
  issues when it approved the clean up plan for the
  schools.
• DEM failed to provide a community involvement
  process during the investigation and clean up of
  the school site.

Decision available at http//old.povertylaw.org/po
verty-law-library/case/52700/52717/52717j.pdf
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COURT ORDERS DEM TO ESTABLISH STAKEHOLDER GROUP

• Group composed of tenants, land owners,
  environmental justice advocates, government
  officials and industry.
• Group charged to develop proposals for new laws,
  regulations and policies.
• Proposals were to relate to how DEM considered
  environmental justice and insure community
  involvement in the investigation and remediation
  of contaminated sites.

Court order available at http//www.dem.ri.gov/pro
grams/benviron/waste/springfd/041706co.pdf
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FIRST ACHEIVEMENT EJ POLICY FOR DEMS SITE
REMEDIATION PROGRAM

• Stakeholder Group develops policy statement for
  DEM. Policy provides for
• Identification of Environmental Justice Focus
  Areas Top 15 of census block groups with
  highest concentration of non-Whites or low income
  residents (below double the Federal Poverty
  Level).
• Enhanced outreach for sites in EJ Focus Areas
  (fact sheet and signage)
• Community can petition DEM to hold community
  meetings
• Establishment of on-line and hard copy document
  repositories
• Training of DEM staff on EJ issues
• Commitment to change regulations for Site
  Remediation Program

Policy available at http//www.dem.ri.gov/envequ
ity/pdf/ejfinal.pdf
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DEM HALTS WORK OF STAKEHOLDER GROUP / PLAINTIFFS
RETURN TO COURT

• DEM stops convening meetings of Stakeholder
  Group. DEM considered work of Stakeholder Group
  over.
• EJ Policy remained in draft form.
• Stakeholder Group not given an opportunity to
  develop proposals for regulations or legislation.
• Plaintiffs file motion to adjudge DEM in contempt
  and seek appointment of special master to oversee
  Stakeholder Group.
• On eve of hearing on Plaintiffs' motion, DEM
  folds and agrees to a new Court order.
• Order requires DEM to finalize the draft EJ
  Policy and reconvene Stakeholder Group to finish
  its work.

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SECOND ACHIEVEMENT DEM AMENDS SITE REMEDIATION
PROGRAM REGULATIONS

• WHY ADVOCATES SOUGHT CHANGES TO DEM REGULATIONS
• EJ Policy could not be enforced against third
  parties or DEM.
• EJ Policy only applied to sites in Environmental
  Justice Focus Areas.
• EJ Policy contemplated DEM changing its Site
  Remediation Program Regulations.

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SECOND ACHIEVEMENT DEM AMENDS SITE REMEDIATION
PROGRAM REGULATIONS

• Regulations commit DEM to consider EJ in
  contaminated site clean ups, defines the term
  environmental justice and environmental
  justice focus areas.
• The Department's objective is to provide for
  proactive consideration of environmental justice
  concerns in order to help ensure that all
  communities have a strong voice in environmental
  decision-making relative to the investigations
  and remediation of property regardless of race,
  color national origin, English language
  proficiency, or income.
• Environmental Justice shall mean the fair
  treatment and meaningful involvement of all
  people regardless of race, color, national
  origin, English language proficiency, or income
  with respect to the development, implementation,
  and enforcement of environmental laws,
  regulations, and policies.
• Environmental Justice Focus Areas shall mean
  areas defined by United States Census block
  groups that are in the highest fifteen percent
  (15) of all Census block groups in Rhode Island
  with respect to the percent population identified
  as racial minorities or the highest fifteen
  percent (15) of Rhode Island census block groups
  with respect to percent population with income
  identified as being twice the federal poverty
  level or below (utilizing the most recent and
  readily available data from the United States
  Census).

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MORE ON DEM SITE REMEDIATION REGULATIONS

• Enshrines the EJ Policy into the Regulations so
  the provisions are enforceable
• Signage and Document Repositories
• Site specific fact sheets
• Community Meetings with translation provided by
  performing party.
• Site Specific Community Involvement Plan
  required when 25 residents sign petition
  requesting DEM
• Remediation Regulations available at
  http//www.dem.ri.gov/pubs/regs/regs/waste/remreg1
  1.pdf

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SCHOOL SITING LEGISLATION

• DEM felt it lacked authority to deny use of a
  site for a school.
• Advocates wanted clear legal authority for DEM to
  say NO to a site.
• DEM and advocates agreed that the most dangerous
  sites for schools were sites where vapor
  intrusion posed a threat to future users of
  school site.
• DEM and advocates could not agree to exclude
  other contaminated sites for school use but
  could agree to a rigorous environmental review of
  those other sites.

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LEGISLATION PASSES ON THIRD TRY 2012

• Effectively bans schools on vapor intrusion sites
  by declaring that soil gas removal systems alone
  not sufficient remediation.
• Provides for public process for vetting
  contaminated sites proposed for school use other
  than sites with vapor intrusion potential.
• Process includes preparation of written report
  explaining rationale for using contaminated site
  for school and projected cost of remediating the
  site.
• 2012 law available at http//webserver.rilin.sta
  te.ri.us/Statutes/TITLE23/23-19.14/23-19.14-4.HTM

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SCHOOL SITING LAW COMES UNDER ATTACK ADVOCATES
FIGHT BACK
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2013 SCHOOL SITING LAW MADE STRONGER

• Gives DEM clear authority to deny use of vapor
  intrusion site for school unless source of vapors
  is physically removed or otherwise neutralized.
• Requires use of passive sub slab ventilation
  system as a back up to removal.
• Public process for vetting use of contaminated
  sites for schools now applies to vapor intrusion
  sites.
• 2013 School Siting Law available at
  http//webserver.rilin.state.ri.us/BillText/BillTe
  xt13/HouseText13/H5617Aaa.pdf

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Steven FischbachRhode Island Legal
Servicessteve.Fischbach_at_gmail.com401-274-2652
x-182

• Thank you!