environmental justice: process and inequality charlie lord bc law school environmental studies...
TRANSCRIPT
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 Reviewed every decision 1931-present (10,000)(10,000)
Pulled 3000 decisions for reviewPulled 3000 decisions for review Entered 1000 records relevant to Entered 1000 records relevant to
environmental disamenitiesenvironmental disamenities
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