’ “Clean Up, Green Up” Ordinance: A Victory in the

Environmental Justice Fight BY CARLA J. KIMBROUGH

Instead of fighting discrete battles, Communities for researchers, and foundation officials worked collec- a Better Environment, a California environmental tively to create a narrative that showed the impact justice organization, declared war against the pol- of living among polluters. The groups also used lution that plagues neighborhoods where people of the time to find allies in neighborhoods, including color and poor people live. As part of that war dec- residents and business owners, and in the broader laration, the group became a part of a coalition to community. fight environmental racism. The strategy focused on executing a ground game—block by block, finding truth and building alliances. Unending Small Wins Prompted Need for Bigger Change The result of that hard work was new legislation Darryl Molina Sarmiento, Southern California passed unanimously in April 2016 by the Los Angeles program director for Communities for a Better Council and signed by Mayor Eric Garcetti. Environment (CBE), told part of the story of how The ordinance, commonly known as Clean Up CUGU came to be. CBE had been on the battlefield Green Up or CUGU, created a way that three largely for years, going from one fight against environmen- Latino neighborhoods would begin to see concrete tal racism to the next. measures for securing environmental justice after years of living in the shadow of industries that pol- CBE created toxic tours, which highlight the oil luted air, water, and land. refineries, seaports, recycling plants, and high- way traffic that dominate the landscape shared by Called “historic” and “cutting edge,” the ordinance homes, schools, daycare centers, and ballfields. The creates “green zones” in Boyle Heights, Pacoima/ group also found people who lived in the neigh- Sun Valley, and Wilmington, neighborhoods that borhoods and who suffered health ailments, from score in the topDraft 25 percent of census tracts deemed coughs to cancer. as overburdened by California’s Office of Environ- mental Health Hazard Assessment. Some parts of The group mobilized residents to fight a power these neighborhoods are in the top 10 percent of the plant, force removal of roadway rubble, and state’s most vulnerable areas. demand higher air quality standards. The organiza- tion would spend time and resources on one issue, Under this policy, new and expanding businesses only to be called into battle once again. must reduce the environmental impact on neigh- boring residents with buffer areas, landscaping, and “We needed something that was more sweeping,” other measures. Another measure mandates higher she said of the group’s need for a new approach. air filtration standards in new developments within 1,000 feet of a freeway. The ordinance also created So, CBE looked for how the communities they an ombudsperson to assist local businesses with fought on behalf of were affected. The answers implementing these new regulations. were found in the people who have little access to health clinics and gyms, have lower incomes, expe- This victory took a long time—10 years—and rience language barriers, and who live in neighbor- relied on many collaborations. During that decade, hoods saddled with factors that limit healthy living, community organizations and residents, academic such as the nearby factories, highway exposure,

© 2017 Wiley Periodicals, Inc. Published online in Wiley Online Library (wileyonlinelibrary.com) 30 National Civic Review • DOI: 10.1002/ncr.21309 • Spring 2017 A Publication of the National Civic League oil refineries, and other businesses that pollute the Pastor, a professor of sociology and American stud- environment. ies and ethnicity, now works at the University of Southern California where he also serves as director CBE already had established a relationship with Lib- of USC’s Program for Environmental and Regional erty Hill Foundation, a social justice organization Equity. Through Pastor’s work with Liberty Hill, that assists grassroots activities related to commu- Sadd said they discovered that they, as academic nity organizing. Together, in 1996, they established researchers, shared common issues with community the Los Angeles Collaborative for Environmental groups such as CBE. Health and Justice—in short, the Collaborative— that combined academic expertise and community Calling community groups such as CBE “important knowledge to fight for healthy living conditions and stakeholders,” Sadd said these organizations have to study and support the new field of environmental information researchers could not get anywhere else, justice. and they also helped sharpen the focus of research.

In December 2010, the expanded collaborative— “We think we do better research because of the col- nine organizations strong—published the 33-page laboration,” Sadd said. “We found colleagues that report Hidden Hazards.1 The report added more we consider equals.” evidence to the discussion of environmental impacts and offered recommendations to government offi- Sadd, though, emphasized that researchers have cials about addressing the hazards of living close to maintained their integrity as they conduct their pollution sources. work. For example, research may not support a belief for which a community group seeks valida- The report, which was built in part on a ground tion. When that happens, researchers and commu- game, used a process that had been honed over the nity groups still enjoy “great mutual respect” and years. James Sadd, a professor of environmental sci- trust, Sadd said. ence at Occidental College, was one of the academic researchers who became interested in environmen- “We’re not doing advocacy research,” Sadd said, tal justice and, as a result, later became involved in even though advocacy around environmental jus- collaborating with community organizers. tice is “frankly right.”

Sadd said he owes his interest in environmental Both data and community knowledge have been justice to two ofDraft his students who were enrolled in key to the success of their work. The researchers an interdisciplinary environmental class he taught. had official government databases of businesses One day, the students, who he described as “really and aerial imagery, but that information didn’t line smart and kind of courageous,” told him that his up with what community residents knew, and they work in spatial analysis could be applied in the told him so. Sadd realized that something different examination of hazardous waste. They asked to do had to be done; they had to go out into the neigh- a research project, to which Sadd agreed. borhoods and find the truth. The process became known as “ground truthing.” “I had never seen results so startlingly obvious,” Sadd said of the relationship between race and “It was my idea because the community helped me income and exposure to hazardous waste. realize it,” Sadd said.

Ground truthing started with training the people Pairing Academic Researchers, Community and then sending out small teams with notebooks, Organizers Became A Strategy maps, photos, data-entry forms, and portable GPS That eye-opening experience led him to become receivers into designated areas. More than sixty involved in researching environmental justice. He people went street by street in six neighborhoods joined a colleague, Manuel Pastor, who had ties and documented what occupied the land. They veri- to Liberty Hill Foundation, to do such research. fied and added information.

National Civic Review DOI: 10.1002/ncr Spring 2017 31 By the summer of 2008, the teams had finished the “The complex problem of reducing exposure to neighborhood expeditions. Once all information toxic hazards in our communities can appear was collected, verified, and synthesized, the “Hid- overwhelming and intractable to most policy- den Hazards” report featured their findings. makers and community residents,” the report said. “However, we have found the following Ultimately, they discovered numerous errors in reg- framework helpful in conceptualizing the prob- ulatory databases, and they learned that many more lem and identifying the steps that are necessary polluters were absent from databases, sometimes to lower health risk while moving towards resil- due to their smaller sizes. They noted that the envi- ient and vibrant local economies.” (p. 24). ronmental impact of smaller businesses clustered in small area can be just as significant as a larger busi- The framework used a three-pronged approach ness. Sometimes, the air pollution levels exceeded focused on prevention (preventing more hazards in state recommendations. overburdened communities), mitigation (cleaning up and reducing existing hazards), and revitaliza- Among the pollution sources included in their tion (using economic revitalization approaches and research were vehicle repair shops, auto body/paint green technologies to transform these neighbor- shops, dry cleaners, printing facilities as well as hoods into healthy, sustainable areas with jobs). idling vehicles, truck traffic in neighborhoods, and The Collaborative’s framework included 11 policy large containers that might hold chemicals. options designed to work together to comprehen- sively battle environmental problems. They also found that these polluters were closer than previously known to “sensitive” areas, such Specifically, the report asked the city to incor- as homes, churches, schools, playgrounds, daycare porate the various practices. Perhaps the most centers (including in-home daycare), senior hous- consequential approach, though, was the recom- ing, community centers, and medical facilities. That mendation to create special districts—also known means, in some cases, the polluters were actually as supplemental use districts—that have specific within the 1,000-feet boundary. community standards and guidelines to prevent and reduce environmentally hazardous land uses and promote economic development and commu- Hidden Hazards Report Spots Cumulative nity revitalization. Impacts, Offers Policy Solutions The report, theDraft authors said, added to the focus on The report also called for a screening tool for “cumulative impacts,” which occur when people land-use policy development to identify the most experience multiple exposures to all types of pollu- vulnerable areas that already have a significant con- tion, either routinely or accidentally, in a geographic centration of hazardous land uses. Another recom- area. The impacts also consider the presence of both mendation was to create a zoning designation that young and older people and socioeconomic factors. temporarily restricts new land uses that threaten environmentally the health and safety of residents. While the report highlighted the problems, it also sug- gested solutions. The Collaborative’s report featured These policy recommendations were directed specif- a review of city planning and land-use tools from ically to the City of Los Angeles. Sarmiento said the academic studies, a few California and Cincin- group recognized that city officials had the author- nati, Ohio, which the report said passed the nation’s ity to regulate those businesses, but people were an first environmental justice ordinance in 2009. essential part of convincing to act.

Armed with these examples, the Collabora- “Community organizing is really key,” Sarmiento tive next asked environmental lawyers, land-use said. “You really have to demonstrate people power.” experts, and health advocates to identify the most promising approaches to deal with cumulative That power was visible at public hearings and work- impacts locally. shops. As the City of Los Angeles began its work

32 National Civic Review DOI: 10.1002/ncr Spring 2017 on changing zoning codes, the planning department foundation became a hub for community organi- held evening hearings—6:30 to 8:30 p.m.—in each zations and helped connect researchers with of the affected neighborhoods, including at a youth those organizations. When the focus on cumu- center and a senior center. The department also used lative impacts became clear, the foundation also Facebook to inform and invite participation. Nearly helped analyze what it would take to make the 200 people attended these public hearings. city act on the information, Simunovic said. Hir- ing a city employee was key, and the foundation raised some of the money through public fund- Perhaps the most consequential approach, though, raising appeals. was the recommendation to create special districts— also known as supplemental use districts—that The foundation held two workshops during which business owners could sign up for program assis- have specific community standards and guidelines tance. The foundation also created “Guide to to prevent and reduce environmentally hazardous Green,” a web-based directory of resources that land uses and promote economic development and provide technical and financial assistance to small community revitalization. and mid-sized businesses that want to improve their operations with environmental safety in mind; the guide continues to be updated at https://www. People power was exerted through a broad-based libertyhill.org/news/reports/guide-green-resource- alliance of environmental groups such as Green LA guide. Helping business was important because and Heal the Bay, public health groups such as the proponents of the CUGU policies needed support American Lung Association of California, business from business and wanted to avoid adversarial leadership, including Los Angeles Business Coun- positions, Simunovic said. cil, and representatives of education, government, clergy, labor, and local businesses. Hard Work Continues With Clean Up, Business and labor played an important but delicate Green Up Ordinance role. Half of the parents worked in oil refineries, and When the Los Angeles City Council passed the small businesses could be offenders of environmen- ordinance unanimously in April 2016, the victo- tal quality. So, rather than calling for industry to ries included: signage to deter diesel truck idling close, the groups rallied for good labor practices that beyond five minutes; performance standards that adapted to climateDraft change, Sarmiento explained. address noise, lighting, landscaping treatments, set-backs; buffer zones of at least 500 feet for new “We want jobs and a clean environment,” she said. or changing auto-related operations; and enclo- sures for air emissions from smoke, dust, and fumes. Foundation Plays Critical Role As Hub, Funder Community organizers, academic researchers, and By July, Daniel Hackney was named ombudsper- even city officials insert Liberty Hill Foundation son, a position authorized by the CUGU ordinance. as they tell the story of CUGU. Liberty Hill pro- Hackney said he sees his role as serving somewhat vided a critical funding stream that helped with as a liaison and coordinator between the commu- creating community friendly materials, hiring law- nity and the city and its agencies. yers and consultants who helped draft legislation, and supporting the hire of a city employee—with a He is under no illusions, though. He counts off the $100,000 matching grant given to the city—to eval- challenges: The Los Angeles area is home to two uate the impact of implementing proposed regula- large ports; the city has a lot of ship and truck traf- tions and standards. fic; neighborhoods with lower socioeconomic resi- dents have inherited the most negative conditions; Daniela Simunovic, Liberty Hill’s environmen- many jobs are connected with industries that con- tal health and justice program manager, said the tribute to environmental hazards.

National Civic Review DOI: 10.1002/ncr Spring 2017 33 “This is one of the most daunting challenges I’ve we effort. There’s no finger-pointing; there’s seen,” said Hackney, who has worked for the city hand-holding.” and with community residents since 1995. As a former neighborhood council liaison for the A recent example of the challenge is the report of city, Hackney has seen this approach work before. a dumping site where offenders work in the dark He shared an example of how the city’s Bureau of night. Hackney said he’s trying to come up with of Sanitation department worked with residents short- and long-term strategies to deal with the to determine the best way to introduce new recy- problem. Long term, he’s looking at usage of the cling efforts. The department did pilot studies with land. Short term, he’s considering how to address different sizes of recycling containers, went to all the problems of dust and noise. The puzzle begins neighborhood councils for input and advice, and with identifying the culprit. then, after all the work with community had been done, the department went to city council with its Even with the experience he gained in working proposal. The old way of governing was that gov- for the city, Hackney said he’s on a steep learning ernment had all the expertise, Hackney said, but curve. This new role requires him to learn lots of now partnership between government and the com- information—fast. He’s new to working with regu- munity is the way to create buy-in. lators and inspectors. He has gone on toxic tours to get a better understanding of the landscape. He’s “That same kind of approach is the same way to do also gathering the best information available for CUGU,” Hackney said. financial assistance, expert knowledge, and man- agement practices so that he is prepared to share By the time Hackney completes his first year as information with business owners. Then, he’s trying ombudsperson, he said, he will probably have rec- to prioritize the list of businesses—where to go first, ommendations about how to improve aspects of which ones have the greatest needs. CUGU. In the meantime, he plans to meet with local groups in each of the three communities, “I try to put myself in the shoes of all the players, briefing the mayor’s office and city council with the stakeholders,” Hackney said. quarterly reports, and searching for victories along the way. A few months in, Hackney said he is conscious of the urgent need to work with businesses, which he numbered Draftat over 700 in the three neighbor- The department did pilot studies with different hoods. The business owners often receive mul- sizes of recycling containers, went to all neigh- tiple visits from multiple agencies, at different borhood councils for input and advice, and then, levels of government, all issuing different direc- after all the work with community had been done, tives, he said. the department went to city council with its “They feel under siege,” Hackney said. proposal.

Hackney said one of his goals is to coordinate the visits and unify the message for business owners. Another victory is that the idea of CUGU seems to Aware of what he called the “inherent distrust,” be catching on in other places, Liberty Hill’s Simu- Hackney said he wants to eliminate this “us- novic said. In California, the city of Commerce has them” mentality and build on the concept of part- been creating a green growth corridor, and Long nership. That’s the first step of getting buy-in from Beach is looking at the CUGU ordinance. Miles residents. away in Minneapolis, people are looking at the ordinance as well, Simunovic said. In Los Angeles, “All of the problems are “we” problems; help Simunovic said she hopes to see the CUGU spread us identify the solutions,” Hackney said of his from its pilot green zones to other areas of the city message to the three communities. “This is a that need the protections too.

34 National Civic Review DOI: 10.1002/ncr Spring 2017 Lessons Gleaned From Clean Up, Green Up “We were able to soften hardened positions,” Sadd Foundations that might consider this work should said. “I think we were helpful.” recognize that the process requires a long-term commitment, Simunovic said. Like others, Sadd gave credit to Liberty Hill Foun- dation for the success of CUGU. The foundation, he “It is important to give multi-year grants as the said, has tremendous professionals who really under- ­policy-making process can be very slow and requires stood how to facilitate change and how to navigate a lot of constant follow-up,” she said of advice she the complexities of policy development. The process would offer to foundations that want to support of moving from recommendations to policy requires similar work. substantial—and not always pleasant—time, he said. As researchers, their goal was to develop an For researchers interested in this type of work, approach to data analysis that would allow them to Sadd offered some of the lessons he learned. First, identify, understand, and characterize the problems researchers should keep an open mind and avoid so that others could see them as well. thinking they understand the challenges with- out the benefit of talking with community resi- CBE’s Sarmiento said to pass such legislation, and it dents; researchers are not the sole experts. Second, is also important to find members of city council to researchers should maintain objectivity while con- propose and defend legislative proposals. sulting with residents, especially in the design phase. Finally, understand that researchers can encourage “You really need to foster a champion,” she said. collaboration and trust between residents and gov- ernments and help break down barriers of mistrust, Note he said. 1 Los Angeles Collaborative for Environmental Health and Justice, Hidden Hazards (Los Angeles: Liberty Hill Foun- “No one has it all figured out. I think it’s tough for dation, 2011). https://www.libertyhill.org/news/reports/ the city to do things differently,” Sadd said. hidden-hazards-call-action-healthy-livable-communities.

The city had to identify its own process to create change, Sadd said. Sometimes the fact that govern- Carla J. Kimbrough is the National Civic League’s program ment has smart, capable, and skilled people gets lost director for racial equity. as the communityDraft fights for change.

National Civic Review DOI: 10.1002/ncr Spring 2017 35