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Winter 2008 WATERKEEPER
WATERKEEPER Volume 4, Number 3 Winter 2008 Coming Soon to Select IMAX® Theatres and IMAX 3D Theatres Worldwide Starting March 2008
EXHIBITORS IN THE U.S. Davenport, IA Putnam Museum Oklahoma City, OK Omniplex Theater St.Augustine, FL World Golf Village Austin,TX Texas State History Museum Des Moines, IA Science Center of Iowa Philadelphia, PA Franklin Institute Tampa, FL Tampa Museum of Science & Industry Atlanta, GA Fernbank Natural History Museum Detroit, MI Detroit Science Center Phoenix,AZ Arizona Science Center Tempe,AZ IMAX Theatre at Arizona Mills Birmingham,AL McWane Center Duluth, MN Duluth Entertainment Convention Center Portland, OR Oregon Museum of Science & Industry Boston, MA Museum of Science Ft. Lauderdale, FL Museum of Discovery & Science Providence, RI Feinstein IMAX Theatre CANADA Boston, MA New England Aquarium Harrisburg, PA Whitaker Center for Science & the Arts Raleigh, NC Marbles Kids Museum Edmonton,Alberta Odyssium Branson, MO Ozarks Discovery IMAX Theater Hutchinson, KS Kansas Cosmosphere & Space Center Richmond,VA Science Museum of Virginia Montreal, Quebec Old Port Cedar Rapids, IA Science Station Louisville, KY Louisville Science Center Sacramento, CA Esquire IMAX Theatre Regina, Saskatchewan Saskatchewan Science Centre Chattanooga,TN Tennessee Aquarium Lubbock,TX Science Spectrum San Diego, CA Reuben H Fleet Science Center Sudbury, Ontario Science North Chicago, IL Museum of Science & Industry Milwaukee,WI Milwaukee Public Museum Seattle,WA Pacific Science Center Vancouver, B.C. Science World Cincinnati, OH Cincinnati Museum Center Myrtle Beach, SC IMAX 3D Theatre Myrtle Beach Shreveport, LA Sci-Port Discovery Center Winnipeg, Manitoba IMAX Theatre IMAX IS A REGISTERED TRADEMARK OF IMAX CORPORATION. © 2007 Organic Valley Family of Farms
BAI7D FA ?A?E When it comes to family, Mom gets real protective. She knows our milk is produced without antibiotics, synthetic hormones or pesticides, and it comes from family-owned farms. Our cows are treated humanely and graze in organic pastures. And mom knows we consistently exceed USDA organic standards—not because we have to, but because we have families, too. www.organicvalley.coop WATERKEEPER Volume 4 Number 3, Winter 2008
12 7 Letter from the Chairman: Robert F. Kennedy, Jr. 10 splashback 12 ripples 20 san Francisco Bay Oil Spill 22 steel Magnolia: Sally Bethea, 22 Upper Chattahoochee Riverkeeper
24 Beloved Community: Representative John Lewis 28 environmental Justice 30 Environmental Justice at 20 32 Crossroads, Saving Turkey Creek 36 Tradition, Trust and Hopi Science 40 The Bridge, Ancient Wisdom and Environmental Protection 24 42 Fighting for Justice in Northeast Oklahoma 44 East is West 46 Talking Environmental Justice, with Dr. Robert D. Bullard 50 Hann Baykeeper, Africa’s First Waterkeeper 55 The Way Forward: Strong Communities
56 this Movement 58 Waterkeepers Around the World 32 61 ecoSalon 62 ganymede 64 on the Water, with Giles Ashford 66 all Hands On Deck: The Surface Mining Act at 30
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4 Waterkeeper Magazine Winter 2008 www.waterkeeper.org
Corp-SU05-530 waterkeeperad18/30/055:27PMPage
SAFETY BLEED
TRIM “Above all else, pollution is a Letter from the Chairman human rights Robert F. Kennedy, Jr. violation.”
Hazardous facilities are pushed into Pollution’s Chief Victims minority communities by industry be- cause they receive less scrutiny from gov- ernment regulators and environmental groups. Environmental injustice is moral- ifteen years ago labor leader Den- color communities are exposed to higher ly equivalent to any other form of racism nis Rivera and I jointly published an levels of pollution than the rest of the na- — it has immediate health impacts and in Fop-ed in The New York Times titled tion and that these same populations expe- the longer-term destroys the cultures and Pollution’s Chief Victims. We cited cases rience certain diseases in greater numbers vitality of our highest risk communities. around the nation where toxic waste, sew- than more affluent white communities. Above all else, pollution is a human rights age plants and other hazardous facilities • In 2000 The Dallas Morning News violation. We need to make sure that our were foisted on minority and low-income and University of Texas-Dallas reported that laws, our enforcement and all of our insti- communities. In 1994 President Clinton nearly half (870,000 of the 1.9 million) of the tutions recognize, understand and elimi- signed an Executive Order requiring the nation’s housing units for the poor, mostly nate environmental racism. federal government to take race into ac- minorities, sit within a mile of factories that The solution to environmental racism count in environmental decision-making. reported toxic emissions to U.S. EPA. remains the same: Better, stronger, envi- But in 2007 things have only gotten worse. • In 2001 the Center for Health, En- ronmental enforcement that protects every What we wrote in 1992 is just as true vironment and Justice reported that more community and every citizen from pollu- today: Inexorably, society’s wastes flow than 1,200 schools — serving 600,000 tion. Waterkeepers — fighting to clean up toward communities debilitated by social low-income and minority students in toxic waste sites, fighting to stop coal min- unrest, high illiteracy, unemployment and Massachusetts, New York, New Jersey, ing, fighting to protect wetlands, fisheries low voter registration. Those communi- Michigan and California — are located and communities — are on the frontlines ties have become toxic dumping grounds within half a mile of federal Superfund or in this battle. But like others throughout while receiving few of the safeguards that state-identified contaminated sites. the environmental movement we need to prudence and decency demand but only • In 2003 the U.S. Commission on do more to diversify our staff and directors political power can obtain. Civil Rights concluded that “Minority and racially and culturally, and support the en- In 1992 EPA acknowledged that low- low-income communities are most often vironmental justice movement. income and minority populations shoul- exposed to multiple pollutants and from We must pressure Congress to ban the dered the greatest environmental risks multiple sources.” production of toxic materials that can- and that the application of environmental • In 2005 the U.S. Government Ac- not be reused or recycled. We must push controls and enforcement follows racial countability Office (GAO) criticized EPA Congress to reinstate the Superfund tax lines. In the past 15 years, researchers for its handling of environmental justice to ensure that polluters are held respon- have piled up evidence of unequal pro- issues when drafting new clean air rules. sible for cleaning up their toxic waste. We tection from the law, of shoddy cleanups • In 2004 and again in 2006 EPA’s In- must fight to restore federal environmen- of toxic sites and of minority and low-in- spector General chastised the agency for tal protections that have been systemati- come communities being stuck with our failing to consider environmental justice cally stripped from the public by the Bush worst polluting facilities. And these com- in important decisions. Administration, to rebuild sewage plants munities and all Americans are paying an • And finally, in 2007, the GAO criti- and water delivery systems, revitalize city unacceptable price. cized EPA’s handling of contamination parks and expand public transportation. Dr. Robert Bullard, an author of Toxic from the nation’s worst ever spill of oil, Finally, Congress must pass the Environ- Wastes and Race in the United States the industrial chemicals and other hazardous mental Justice Act of 2007 to give the seminal 1987 report on environmental materials in post-Katrina New Orleans weakly implemented 1994 Executive Or- justice, recently testified at the first ever and Gulf Coast communities. der the force of federal law. Senate hearing on Environment Justice Dr. Bullard was also a principal author Society must recognize that eco- (he’s interviewed on page 46). The evi- of the 2007 Toxic Wastes and Race at nomic and social injustice are a virulent dence of environmental racism that Dr. Twenty 1987-2007 report, which conclud- form of pollution. As we endeavor to Bullard cited reads like a trail of tears: ed that “environmental injustice in people heal the wounds that afflict our planet, • A 1999 Institute of Medicine study of color communities is as much or more we must also heal the inequities that di- concluded that low-income and people of prevalent today than 20 years ago.” vide our nation. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 7 ® On the Cover WATERKEEPER M A G A Z I N E Kuchina Awaken Michael Kabotie (Lomawywesa) is a renowned Hopi painter, jeweler and poet. He incorporates traditional Hopi images, songs and stories into 50 S. Buckhout St., Ste. 302, Irvington, NY 10533 distinctive artworks. www.nativeart.net www.waterkeeper.org The official magazine of Waterkeeper Alliance Mission: Waterkeeper Alliance connects and supports local Waterkeeper Proud programs to provide a voice for waterways and communities worldwide. Sponsor of Eddie Scher Editor Bandana Malik Assistant Editor Switch Studio Art Direction Richard J. Dove Photo Editor Waterkeeper Amy Lamp Designer Giles Ashford Creative Consultant Magazine William Abranowicz Photo Consultant John Wathen Photographer Anne Costner Advertising Board of Directors Robert F. Kennedy, Jr. Andy Willner Globally, the paper industry is the single chairman NY/NJ Baykeeper largest industrial consumer of water and the Terry Backer Erick Bozzi Vice chairman, Soundkeeper, Inc. Cartagena Baykeeper Board third greatest emitter of greenhouse gases. Bob Shavelson Jeff Salt Treasurer, Cook Inletkeeper Great Salt Lakekeeper Getting the Paper Right! Mark Mattson Karl Coplan Waterkeeper magazine is printed on 100% post-consumer Secretary, Lake Ontario Pace University, Environmental Waterkeeper Litigation Clinic recycled paper generated with wind power. We hope that other Casi Callaway Fernando Rey publications will join us in committing to protect our environment Mobile Baykeeper Cartagena Baykeeper Board and building the market for environmentally sustainable products. Donna Lisenby Deb Self Catawba Riverkeeper Baykeeper, Inc. The environmental savings from this switch are enormous: Alex Matthiessen Cheryl Nenn Riverkeeper, Inc. Milwaukee Riverkeeper 604 trees preserved for the future Joe Payne Murray Fisher Casco Baykeeper Honorary member 1,748 lbs. waterborne waste not created Bruce Reznik Richard J. Dove San Diego coastkeeper Honorary member Maya van Rossum 257,290 gallons wastewater flow saved Delaware Riverkeeper 28,467 lbs. solid waste not generated Board of Trustees Wendy Abrams Margaret A. Hecht Laura & Rutherford 56,053 lbs. net greenhouse gases prevented Richard Dean Gale Anne Hurd Seydel Anderson A. Judson Hill Joan Irvine Smith 429,046,000 BTUs energy not consumed Gordon Brown Thomas Houston Terry Tamminen Savings from the use of emission-free wind-generated electricity: Michael Budman Karen Lehner Jami & Klaus Ann Colley Karen Percy Lowe von Heidegger 29,122 lbs. air emissions not generated James Curleigh & Kevin Lowe William B. Wachtel John Paul DeJoria Paul Polizzotto Daniel Waldman 13 barrels crude oil unused F. Daniel Gabel, Jr. Gloria Reuben In other words, savings from the use of wind-generated electricity Tom Gegax Glenn R. Rink, Chair are equivalent to: Staff not driving 8,530 miles Steve Fleischli Sharon Khan President Environmental Economist OR Kristine Stratton Bandana Malik planting 907 trees EXECUTIVE DIRECTOR Communications Associate Susan Sanderson Rachel Cook Development Director operations Assistant Scott Edwards Francisco Ollervides Waterkeeper is printed on FSC-certified Mohawk Options 100% Legal Director Senior Field Coordinator post-consumer recycled paper which is manufactured with Marc Yaggi Emily Egginton Director of Waterkeeper Support Green-e certified wind electricity. This paper is certified by Green Field Coordinator Eddie Scher Michele Merkel Seal and by Smartwood for FSC standards which promote Communications Director Chesapeake Regional Coordinator Jeffrey Odefey environmentally appropriate, socially beneficial and economically Staff Attorney Darlene Kasten viable management of the world’s forests. William Gerlach Development Associate Staff Attorney Lauren Brown Cate White of counsel Waterkeeper and Mohawk paper are proud to announce that Development Manager Jillian Gladstone CO using wind power and offsets we have achieved carbon neutral Janelle Hope Robbins ADVOCACY & OUTREACH COORDINATOR 2 Staff Scientist Anne Costner paper production. Mary Beth Postman Corporate Outreach Associate Assistant to the chairman
© 2008 Waterkeeper Alliance. Reproduction of editorial content only is authorized with appropriate credit and acknowledgement. Waterkeeper, Channelkeeper and Lakekeeper are registered trademarks and service marks of Waterkeeper Alliance, Inc. Coastkeeper, Creekkeeper, Gulfkeeper and Inletkeeper are trademarks and service marks licensed by Waterkeeper Alliance, Inc. Riverkeeper is a registered trademark and service mark of Riverkeeper, Inc. and is licensed for use herein. Baykeeper and Deltakeeper are registered trademarks and service marks of Baykeeper, Inc. and are licensed for use herein. Soundkeeper is a registered trademark and service mark of Soundkeeper, Inc. and is licensed for use herein. Waterkeeper is printed on Forest Stewardship Council (FSC) certified Mohawk Options 100% post-consumer recycled paper which is manufactured with wind electricity. Printed in USA • Peake DeLancey Printers, LLC
8 Waterkeeper Magazine Winter 2008 www.waterkeeper.org Who is Our waterways are the source of our drinking water, the fountain of our Waterkeeper Alliance? economic prosperity and the foundation of our culture and heritage.
On more than 170 waterways around the world local Waterkeepers are on patrol, standing up to polluters and enforcing your right to clean water. Waterkeeper Alliance connects and supports these grassroots advocates and fights for clean water and strong communities.
Ventura Coastkeeper Mati Waiya is a Chumash ceremonial priest and native of Ventura County, California. His vision is to preserve the culture, language and history of his native people and link ancient knowledge to present day environmental issues. Ventura Coastkeeper is restoring Nicholas Canyon Stream, which runs through the Chumash Cultural Village on a site that was first inhabited by Native people more than 10,000 years ago. F rank L amonea
Join Waterkeeper Alliance—Get WATERKEEPER Join Waterkeeper Alliance and get WATERKEEPER Go to www.WATERKEEPER.org and click on Donate Now to join for one year. Everyone has the right to clean water. Waterkeeper Alliance as a supporting member. You can also join Waterkeeper Alliance by mail. Send your check, It is the action of supporting members like you that payable to Waterkeeper Alliance, to: ensures our future and our fight for clean water WATERKEEPER membership, 50 S. Buckhout St., Ste. 302, and strong communities. Irvington, NY 10533 or contact us at [email protected]
Waterkeeper Alliance is a 501(c)(3) non-profit organization. Your $50 contribution or more entitles you to receive a one year subscription to WATERKEEPER magazine, which has an annual subscription value of $12. The balance of your contribution is tax deductible to the extent allowed by law.
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 9 Splashback
Slime & Thermal Pollution State Secrets: Maryland’s Chicken Farms, part II Dear Waterkeepers, I just tripped into another By Jillian Gladstone, Waterkeeper Alliance Advocacy and Outreach Coordinator element that compounds nutrient pollution and n November 1, 2007, Water- power plant thermal pol- Okeeper Alliance convened nearly lution. Here on the West- 200 farmers, state and federal officials, ern Lake Erie, a Toledo industry representatives, scientists and environmentalists on the Eastern wastewater treatment The Bayshore power plant. plant’s outfall sits near Shore of Maryland to talk about the the cooling water intake poultry industry and the health of the of the massive Bayshore power plant. Eighty percent Chesapeake Bay. The Eastern Shore of the Maumee River, which receives phosphorous- Poultry Summit was an unprecedented enriched wastewater effluent, is pumped through gathering, engaging attendees in a the power plant in the late-summer early-fall. We are spirited debate, and giving everyone an fertilizing and heating our river, creating the perfect opportunity to speak and be heard. Waterkeeper Alliance is filing a law- algae growth environment and spurring massive algal Robert F. Kennedy, Jr. gave a rous- suit against the Maryland Department blooms. It’s time our treatment plants start removing ing speech about the environmental of Agriculture, challenging the state phosphorous and our power plants stop using our devastation wrought by industrial policy of keeping poultry farm nutri- livestock production, Maryland At- ent management plans hidden from waterways to cool their engines. Sandy Bihn torney General Doug Gansler called public review [See Waterkeeper fall Western Lake Erie Waterkeeper for alternative uses for the voluminous issue, State Secrets: What are they Hid- waste produced and industry repre- ing on Maryland Chicken Farms.] These sentative Bill Satterfield discussed management plans specify how and the strategies the poultry industry is where manure from livestock facilities CREDIT employing to protect local waterways. will be disposed. They are a key to Waterkeeper magazine recognizes Kenneth R. Weiss of Since the meeting a fire-storm of keeping communities informed about the Los Angeles Times as part of the inspiration behind debate has raged in local newspapers the threats to their waterways and en- the fall 2007 issue. Mr. Weiss’ five-part series “Altered of the Delmarva Peninsula. Reaction suring proper disposal of waste. While Oceans,” included “Primeval Tide of Toxins” and to Kennedy’s speech was telling. While most states uphold the Clean Water popularized Dr. Jeremy Jackson’s notion of the “rise much of the audience responded with Act requirement that these plans are of slime.” For the outstanding series, Mr. Weiss and a standing ovation, others in the room available to the public, Maryland’s other Los Angeles Times reporters received the 2007 sat quietly with arms crossed before regulators have colluded with the poul- Pulitzer Prize for Explanatory Reporting. standing and leaving the room. try industry to keep them secret. Each year, nitrogen and phospho- rus pollution rob half the bay of oxygen CORRECTION Right to Know necessary to support life. Big Poultry Due to an editing error, Georgia’s Precious Black- New York citizens have made on the Delmarva Peninsula contrib- waters Turn Green by Chandra Brown and Gordon their right to know loud and clear. utes a significant amount of this nutri- Rogers read that Satilla Riverkeeper “won a court Delaware Riverkeeper and the ent pollution. These large-scale poultry order” issued to the City of Douglas. In fact: “Sa- Humane Society filed legal action farms produce over 2.5 billion pounds tilla Riverkeeper gave input to and now monitors against the New York Department of of chicken waste each year – more the consent order.” Environmental Conservation after the than three times the waste produced agency refused public access to waste by the human population in the area. management plans for a duck facility Human waste must be treated before in Sullivan County, NY, called Hudson it is released into the environment, Join Waterkeeper Valley Foie Gras. Under federal and but the chicken waste is piled up or state law, polluters must share the stored in pits before it runs off into Alliance—Get terms of pollution permits with the local waters and the Chesapeake Bay. WATERKEEPER public. As a result of the Delaware Waterkeeper Alliance’s Chesapeake Riverkeeper and Humane Society’s Initiative has brought this issue to the Go to www.WATERKEEPER. action, this October the state decided forefront of public discourse – an im- org and click on Donate Now to to release the withheld documents. portant step in forcing Maryland and join Waterkeeper Alliance as a Citizens will now be able to hold the the poultry industry to get their waste supporting member. facility accountable for pollution. out of Chesapeake Bay.
10 Waterkeeper Magazine Winter 2008 www.waterkeeper.org
{{Ripples }}}}}} Balandra’s Mangroves, Bays Will be Protected
La Paz Coastkeeper Peter Paterson and local environmental groups successfully pressured the government to protect Balandra, Mexico, from large-scale development. Growth along the La Paz Coast has soared in recent years, and today, the development of marinas and tourism projects threaten to claim the remnants of publicly acces- sible, undeveloped coastline. Coastkeeper collect- ed over 18,000 signatures in support of measures to protect Balandra. The public pressure forced the municipal government to modify the law and declare Balandra a natural protected area for the people of La Paz and future generations.
The Balandra coastline with the island of Espiritu Santo in the background.
Delaware Riverkeeper On September 18, Lake Stops Dredge Dumping Ontario Waterkeeper re- Delaware Riverkeeper and local activists successfully leased At the Barricades: prevented the Army Corps of Engineers from dump- ing dredge spoils onto 70 acres of a vibrant wildlife Volume 1, a compila- preserve and a popular outdoor educational center tion of music from an at Palmyra Cove Nature Park. After onsite pro- all-star roster of artists. tests, an aggressive petition and letter writing effort, The music is impas- and a meeting with local legislators, the New Jersey Department of Environmental Protection significantly sioned and reflective, reduced the fill acreage. Fifty acres of land will now emotive and provoking: a powerful companion be protected from dredge spoils dumping. Delaware to the Waterkeeper movement. Riverkeeper is carefully monitoring the process to ensure that the land is permanently preserved.
www.waterkeeper.ca/barricades/
12 Waterkeeper Magazine Winter 2008 www.waterkeeper.org {{Ripples }}}}}}
John Paul Mitchell Systems works with countless organizations to give back, ght injustice and secure a better world for those that follow. Each and every day, sales of our products and the efforts of over 200,000 hairdressers help make this world a more beautiful place. Join together to preserve our natural resources, protect our animals and ensure the rights of all people.
Peace, love and happiness, John Paul DeJoria, CEO of John Paul Mitchell Systems and supporter of Waterkeeper
www.paulmitchell.com. Only in salons and Paul Mitchell schools. {{{{{{ Ripples }}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}
Waterkeeper HONORS Buzzards Baykeeper Accepts Family Excellence Award The Coalition for Buzzards Bay, home of Buzzards Baykeeper, was honored by the Land Trust Alliance Album on October 5 for its successful Bay Lands Campaign. The campaign protected 3,000 acres of land critical Coleman Peter Callaway was for a clean bay and created a Bay Lands Revolving born on December 1, 2007, (8 Fund to assist future conservation efforts. lb 14 oz) to Mobile Baykeeper Casi and Jarrett Callaway. Congratulations!
Buzzards Baykeeper Mark Rasmussen CLEANUPS accepting the award on behalf of the Coalition for Buzzards Bay in Denver, Colorado. F rancesca D alleo , and L T r u st lliance A
Blackwater Nottoway Riverkeeper Finalist in Volvo Award Blackwater Nottoway Riverkeeper Jeff Turner was se- lected as one of ten finalists in the environment cat- egory for the Volvo for Life Awards. Turner has been Ottawa Riverkeeper and volunteers after the cleanup. working tirelessly to preserve his two Virginia rivers iverkeeper R O ttawa with limited resources for more than seven years. Volunteers Haul 5 to haul five tonnes of Riverkeeper, Sierra Club Tonnes of Trash Off garbage off the island and and other groups to haul Black Warrior Riverkeeper wins Kettle Island will continue to promote four dumpsters of trash Conservation Organization of the Year Ottawa Riverkeeper ral- stewardship of the island from the Kinnickinnic Black Warrior Riverkeeper was honored in September lied over 70 volunteers for into the future. River, a major tributary of as 2007 Conservation Organization of the Year by the a cleanup on Kettle Island the Milwaukee River. The Alabama Environmental Council, Alabama’s oldest in October. Debris has Milwaukee volunteers were assisted conservation organization. piled up on the uninhab- Riverkeeper by a 65-ton crane. The ited island for the past de- Pulls Trash from October cleanup is part Upper Chattahoochee Riverkeeper cade. Riverkeeper worked Kinnickinnic River of Riverkeeper’s efforts Best Local Fighter with local businesses More than 250 volun- to revitalize the forgotten Upper Chattahoochee Riverkeeper Sally Bethea and and community groups teers joined Milwaukee tributary. Co-Founder Laura Turner Seydel were named Best Lo- cal Fighters for the Environment for 2007 by Atlanta- based newspaper Creative Loafing. Yarra Riverkeeper to the Rescue Yarra Riverkeeper Ian Penrose rescued two dogs while patroling the Yarra River in Melbourne, Australia. Ian and staff member Megan Utter found the dogs struggling in the river, unable to escape. Ian and Megan helped the dogs into the boat and reunited them with their owners. Apparently, the owners had recently moved to Melbourne from rural Australia, where Ian Penrose, Yarra Riverkeeper, the dogs were used to swimming in less treacherous waters. Utter with rescued dogs. M egan
14 Waterkeeper Magazine Winter 2008 www.waterkeeper.org
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Baykeeper Enforces Ash Dump Stopped Anti-pollution Laws in Since 1998, American Ash Recycling of Penn- Delta Port sylvania, Inc. has buried 200,000 tons of pro- cessed incinerator ash under playgrounds, California’s Port of homes, businesses and parking lots. The ash Stockton is a major do- contains unknown levels of dioxins and high mestic and international levels of heavy metals and is buried without shipping hub cover- safety precautions. In some cases, the mate- ing 1,400 acres in the rial is buried near drinking water supplies Sacramento-San Joaquin and valuable wetlands. Lower Susquehanna Delta. In 2004, the port Riverkeeper Michael Helfrich filed more than proposed a massive 600 pages of documents voicing his concern expansion that would over the plan, and mobilized citizens and generate large quanti- public officials to oppose the dumping. In ties of air and water October, the Pennsylvania Department of pollution. Baykeeper and Go Green, Environmental Protection denied American partner organizations Ash’s permit renewal application, stopping sued the port for failing Live Rich two million additional tons of ash from being to accurately address David Bach, bestselling author of Automatic Million- buried around the state. the environmental aire and Smart Women Finish Rich, joined forces with impacts of the expan- Wells Fargo bank to support Waterkeeper Alliance sion as required by law. and Santa Monica Baykeeper in their efforts to fight This August, Baykeeper for clean water and strong communities. Bach and and partners reached an Wells Fargo presented Waterkeeper Alliance Presi- agreement with the port dent Steve Fleischli and Sherise Parker from Santa that will significantly Monica Baykeeper with a check at the California reduce the project’s Governor and First Lady’s Conference on Women environmental impacts. in October. In April 2008, Mr. Bach will publish Go The port now must re- Green, Live Rich to share the undeniable message frain from disruptive ac- that good environmental policy is good economic tivities during migration policy. His goal: to get everyone to save money and seasons for endangered help the planet at the same time. and threatened fish, and restore dissolved oxygen in affected rivers. Additionally, the Waterkeepers from port must reduce Australia and China Meet diesel pollution from cargo trans- This September, Australia’s South Beach port and mitigate Wetlandskeeper Don Stewart met with nuisance to local Beijing North Canal Waterkeeper Genk Zhang residents. Earlier, Junfeng in China. “This meeting testifies to Baykeeper and part- the value and strength of the international ners were success- Waterkeeper movement,” said Genk. Don ful in significantly and Genk exchanged gifts and shared stories downsizing the on their struggles and victories in the fight project. The recent for clean water. Don commented on some settlement demon- of the positive changes taking place in strates how the Port China. “Fourteen water treatment plants of Stockton can serve are proposed in the next 12 months to help the economic needs alleviate damaged waterways.” The meeting of Northern Califor- was a huge success and Don plans to return nia and still be held From left to right: Sherril Stewart, North Canal Waterkeeper to trek Beijing’s waterways with Genk. responsible for protect- Volunteer Lawrence Luo, South Beach Wetlandskeeper Don ing the environment. Stewart and Beijing North Canal Waterkeeper Genk Zhang Junfeng in China.
16 Waterkeeper Magazine Winter 2008 www.waterkeeper.org Fdp[pof!tvqqpsut!bmm!btqfdut!pg!uif!fowjsponfou;!bjs!rvbmjuz-!fofshz!dpotfswbujpo-!foibodjoh!hsffo!tqbdf-!boe!! qspufdujoh!sjwfst-!mblft!'!tusfbnt!gspn!qpmmvujpo!cz!hfofsbujoh!gvoejoh!gps!ufdiopmphjft!boe!qspkfdut!uibu!nblf!! nfbtvsbcmf!jnqspwfnfout!up!uif!fowjsponfou/!
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DuPont’s zinc smelting factory and Kansas nearby homes in 1948 Coal Plants Rejected A coalition of Kansas environmental organiza- tions made history on October 18, when the State of Kansas denied the construction of two coal-fired power plants because of greenhouse gas emissions. Kansas Riverkeeper and Friends of the Kaw worked with Justice a consortium of state environmental organiza- tions, spearheaded by in West Virginia the Sierra Club, to keep the issue at the forefront n one of the largest verdicts ever recorded in an that smoldered for more than 20 years. of public debate. Kansas Ienvironmental lawsuit, a West Virginia jury ordered The jury was shocked by Dupont’s conduct and Riverkeeper Laura chemical giant Dupont to pay $371 million in dam- ordered the chemical giant to clean the residents’ Calwell and Riverkeeper ages for contaminating the town of Spelter, West homes, establish a medical monitoring program to members made com- Virginia. DuPont’s zinc smelting factory contami- test the community for lung, skin, stomach, bladder ments at a public nated homes and threatened public health while and kidney cancer, cognitive problems and lead hearing encouraging producing zinc from zinc ore. In its 90 year history, poisoning. The lead attorney in the trial was Mike the State of Kansas to the factory produced more than 400 million pounds Papantonio of the Levin Papantonio law firm and consider energy conser- of zinc dust with toxic levels of arsenic, cadmium and founder of Emerald Coastkeeper. Robert F. Kennedy, vation measures and lead. Dupont polluted the community through plant Jr. of Kennedy & Madonna, LLP and the Cochran Firm renewable energies like emissions and a burning mountain of toxic waste also represented the community. wind and solar over the coal plants. Combined, the plants would have emitted 11 Buzzards Baykeeper State of million tons of carbon Baykeeper Wins dioxide annually. Roder- Protection for the Bay Report ick L. Bremby, Secretary Buzzards Baykeeper and The Coalition for Buz- of the Kansas Depart- Threatened Delta Smelt zards Bay published a State of the Bay Report for ment of Health and Delta smelt are small fish that survive only in the 2007. The report found that the health of Buzzards Environment, denied the Sacramento-San Joaquin Delta’s brackish waters Bay, MA, is declining and swift action is needed to permit, stating “I believe and are an indicator of ecosystem health. Today, prevent the Bay from losing its place as one of the it would be irresponsible these fish are on the brink of extinction. Massive healthiest estuaries on the East Coast. In four years to ignore emerging water pumps that extract water from the delta to alone, the bay has fallen three points to a final score information about the irrigate commodity crops in the Central Valley and of 45. Nitrogen pollution is the largest culprit, driv- contribution of carbon Southern California are killing the prized fish. This ing the bay’s health into further decline. dioxide and other August, San Francisco Baykeeper and a coalition of greenhouse gases to environmental organizations, represented by Earth climate change and the Justice, scored a major victory. After a two-year potential harm to our battle, a U.S. District Court ruled that federal water environment and health authorities must reduce pumping impacts and if we do nothing.” apply safeguards to prevent the fish from dying in the pumps.
18 Waterkeeper Magazine Winter 2008 www.waterkeeper.org {{{{{{ Ripples }}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}
NEC: Puerto Rico’s Endangered Magdalena Secret Turtle Habitat Protected agdalena Bay in Mexico’s Baja California pen- Vigilantes de Bahía Magdalena (Magdalena Bay- Minsula is known for its biodiversity and natural keeper) and researchers reviewed the environmental On October 4, 2007, beauty. The bay provides refuge to the gray whale, sea impact statement and discovered grave impacts to Puerto Rican Gover- turtles, and hundreds of thousands of migratory birds, the environment, along with erroneous and deficient nor Aníbal Acevedo and harbors fragile ecosystems made of mangroves information. Baykeeper pursued the matter with the Vilá announced and sand dunes. Today, unchecked government and held meetings the preservation of development threatens the natural directly with the developers. As a 270-acres of vital beauty of Magdalena Bay and the Tourist result, plans for the project were re- habitat for endan- vibrant local economy that the bay scinded. The decision is an impor- gered leatherback supports. On December 14, 2005, Megadevelopment tant achievement for the communi- sea turtles. The developer Magdalena Secret sub- Canceled ties of Magdalena Bay, Vigilantes now-protected San mitted a document to the General de Bahía Magdalena, and their Miguel Beach is part Directorate of Risk and Environmen- partners in this fight: Waterkeeper of 3,200-acres of tal Impact to assess the environmental impacts of Alliance, Defensa Ambiental del Noroeste, Centro forests, wetlands, nine hotels, two golf courses and a series of tourism- Mexicano de Derecho Ambiental, Pro Peninsula and beaches and coral related developments slated for construction. the University of San Diego. communities — known as the North- east Ecological Corridor — under threat from the pro- posed development of megaresorts and residential com- plexes. Waterkeeper Alliance is one of several key organiza- tions that worked to protect the area from the large-scale development. In August 2006, Wa- terkeeper ran a full- Magdalena Secret page ad in The New York Times placing ahía Magdalena en la península de Baja Cali- keeper), con la ayuda de académicos e investigadores our call to action in Bfornia Sur es conocida por su biodiversidad y con conocimiento de la región, revisaron el mani- front of 1.1 million belleza natural. La bahía provee refugio a la ballena fiesto de impacto ambiental descubriendo graves readers and bringing gris, a las tortugas marinas, y a cientos de miles de impactos al medio ambiente, así como diversas this issue to the aves migratorias dentro de sus frágiles ecosistemas faltas y fallas de información que en su momento se full attention of the de dunas y manglar. Hoy en día el desarrollo desor- lo hicieron saber a la autoridad. Después de varias hotel chains and the denado amenaza la belleza natural gestiones ante la autoridad y Puerto Rico Legis- de Bahía Magdalena así como la reuniones con los desarrolladores, lature. Waterkeeper economía local que soporta. El 14 Mega Desarrollo tenemos el gusto de compartirles Alliance applauds de diciembre del 2005, el proyecto Turístico que el proyecto ha sido cancelado. the Trust for Public Magdalena Secret sometió su Lo anterior significa un logro muy Land and Governor evaluación de impacto ambien- Cancelado importante para las comunidades Vila for their hard tal ante la Dirección General de de Bahía Magdalena, la comunidad work to protect San Riesgo e Impacto Ambiental de SEMARNAT. Este conservacionista, Vigilantes de Bahía Magdalena y Miguel Island for proyecto consiste en la construcción de nueve sus aliados en esta lucha, Defensa Ambiental del wildlife, ecotourism hoteles, dos campos de golf y una serie de construc- Noroeste, Centro Mexicano de Derecho Ambiental, and the citizens of ciones turísticas. Waterkeeper Alliance, Pro Peninsula, y la Universidad Puerto Rico. Vigilantes de Bahía Magdalena (Magdalena Bay- de San Diego.
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 19 san francisco baykeeper
San Francisco Bay Oil Spill
By Sejal Choksi, San Francisco Baykeeper
n the early morning fog of November 7, 2007, the Cosco Busan, a 902-foot long cargo ship, Icollided with a Bay Bridge base tower spilling 58,000 gallons of bunker fuel into San Francisco Bay. Initial reports from the vessel captain and the U.S. Coast Guard indicated that the 100 foot gash in the ship’s fuel tank leaked only 140 gallons of fuel. Within the first hour, however, the oil had spread over a third of a square mile and dizzying fumes forced offices along the San Francisco wa- terfront to close. The Coast Guard failed to acknowledge warn- ing signs of the spill’s real magnitude and delayed warning the public, local officials and the Califor- nia Office of Spill Prevention and Response until hours later. The public was not notified of the true extent of the spill until 12 hours after the accident. In the days after the spill, response agencies contin- ued to mismanage cleanup efforts. Spill response and communication protocols were disregarded, and the spill went largely uncontained. San Francisco Baykeeper was immediately out on the water documenting the extent of the spill and the response efforts. Up to five days af- ter the spill, oil slicks continued to appear on the bay. We witnessed harbor seals poke their noses up through the fuel to try to breathe and seabirds floundering on the shore coated in oil. In a phone Radar satellite image taken at 6 a.m. on November 12, 2007, five days after the spill, shows dark call to the O’Briens Group, the private company in slicks around much of the bay and in the surrounding ocean. Photo provided by Defenders of charge of spill cleanup, Baykeeper learned that the Wildlife, Ocean Conservancy, San Francisco Baykeeper and SkyTruth, from image taken by the Radarsat-1 satellite, operated by MDA Geospatial Services Inc. company had failed to set up a hotline or formal
20 Waterkeeper Magazine Winter 2008 www.waterkeeper.org procedure to handle information from on-the- water witnesses of major oil slicks. The company also claimed it had no more resources to spend on cleanup efforts. Due to bureaucratic bumbling among local and federal agencies, most offers of volunteer labor and donated supplies were turned down. There were even instances where certified hazardous material volunteers were sent away. Several citi- zen groups, frustrated by the delay, initiated guer- rilla cleanups, by buying their own safety equip- ment and arranging for hazardous waste pickups. Six thousand Bay Area res- idents contacted San Fran- cisco Baykeeper to voice their frustration that the government agencies were not putting forth adequate cleanup efforts, were fail- ing to disseminate up-to- date information and were not even answering tele- phone hotlines. San Francisco Baykeep- er mobilized citizens and became a clearinghouse for volunteer opportuni- ties. Although 1,500 of our volunteers were eventu- AP P hoto /P a u l S ak u ma ally trained and outfitted to handle the hazardous waste from the spill, thousands of others were simply turned away as officials declared shorelines clean. Baykeeper continues to follow up on our members’ sightings of oiled wildlife and tarred shorelines to make sure that the polluter is held accountable for every last drop of oil. While the collision thankfully did not harm the Bay Bridge, it will impact San Francisco Bay ecol- ogy for years. Bunker fuel oil, the gooey byprod-
uct from gasoline refining, is toxic to aquatic or- AP P hoto /N oah B erger ganisms even in small amounts, and as the winter bird migration picks up steam, thousands of birds pledged to investigate why the Cusco Busan acci- A gash stretches along the may ingest contaminated fish and invertebrates. dent happened in the first place and to improve oil hull of the Cosco Busan as the cargo freighter anchors in More than 1,000 dead birds have been recovered spill response. A criminal investigation has been San Francisco Bay two days and the International Bird Rescue Research Center launched by the National Transportation Safety after striking one of the Bay estimates that as many as 20,000 more may die in Board, and the Coast Guard is conducting its own Bridge’s support towers and the next few months. The fall run of Central Valley internal investigation, with a report promised spilling about 58,000 gallons of heavy fuel oil. chinook salmon and the December herring spawn- within 90 days. Baykeeper will participate in these ing season are threatened, and the Dungeness crab investigations to help identify gaps in regulations catch season has been delayed so that crabs can be enforcement and response that resulted in the bay’s tested for contamination before being sold to local largest vessel oil spill in a decade. Vessel traffic is restaurants and grocers. on the rise in the San Francisco Bay, and Baykeeper Partly in response to Baykeeper’s eye-witness will be working hard in the next few years to ensure testimony of the mismanaged spill response at that proper measures are in place, and enforce- hearings held by U.S. Congress members and state ment is strong, to prevent this type of spill from legislators, federal and state elected officials have ever happening again. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 21 the movement Steel Magnolia
By Sally Bethea, Upper Chattahoochee Riverkeeper
his time, instead of a grey beard Waterkeeper, tion! This was not the way we did things in Geor- you’ve got a Southern Belle to tell her story, gia. Suing polluters was not a “nice” thing to do. Ta mother of two boys — who will always be We might stab you in the back when you weren’t my boys no matter how old they are — a Steel Mag- looking, but we certainly wouldn’t do something nolia of sorts. This is about Girl as open as file a lawsuit and say bad things about Power, Woman Power. We may be someone in the newspaper. Waterkeepers in a slightly differ- Fast forward two years; I was still working for ent way, especially down South, a mainstream environmental organization, very but we can kick ass just as well as frustrated and plotting my next move. I couldn’t the boys can… maybe better. stand the thought of continuing in the mainstream I’ve been engaged in this envi- environmentalist world of balance, consensus and ronmental work and the politics win-win agreements — which were never real wins that surround it for 30 years. I for the environment. went to my first Sierra Club meet- But at that time Ted Turner’s daughter and her ing in Atlanta in 1976. I’ll admit, I husband decided to start a Riverkeeper program was mostly looking for dates, but on the Upper Chattahoochee River and I was in the I became literally hooked for life. right place at the right time. Thankfully, Laura and Maybe I’d always been looking for Rutherford Seydel are as involved with our work a cause; when I was in college at today as they were 12 years ago. We have grown to Chapel Hill in the early 70s, it was a dozen staff, a million dollar budget and most im- social issues; it was poverty, the portantly, real wins for the river. war in Vietnam and so many oth- The Chattahoochee’s problems are those of er things. But I found my voice in every river that flows through a major, growing the environmental movement and metropolitan area. Untreated sewage, too much specifically with Waterkeeper. development, roads and runoff, pesticides, mer- In 1991, I heard Robert F. cury from coal-fired power plants, piping, filling Kennedy, Jr. speak and for the and damming streams and wetlands — your gen- first time I heard about Hudson eral run-of-the-mill stuff that flows from greed Riverkeeper and its victories. and corruption. I was riveted; I was energized. Upper Chattahoochee Riverkeeper is still the The concept was so clear and only nonprofit environmental organization whose compelling — and, most impor- sole mission is to clean up, protect and restore this tantly, effective! I tried to write waterway that provides 3.5 million people with down every word that Bobby drinking water. Upper Chattahoochee said. Lacking paper, I used check In March 1994, we opened an office, supported Riverkeeper Sally Bethea stubs. I used napkins. I used my own hands to by a start-up grant from the Turner Foundation, write down the amazing story of Storm King and and in 1995 I went to my first Waterkeeper confer- the Hudson. Actually filing a lawsuit to stop pollu- ence in Casco Bay, Maine. I was immediately taken
22 Waterkeeper Magazine Winter 2008 www.waterkeeper.org with the warmth and passion of the grey beard Wa- we each can best contribute and make a difference What I have terkeepers. What I learned from listening, watch- using whatever talents we have, and then go for it learned is that ing and reading about the accomplished early Wa- with all our might and passion. each of us must terkeepers was how to take what was in my head I also know that I could never be doing this work and my heart and give it a voice — a loud voice, a if I didn’t know that each Waterkeeper was out work hard to confident and informed voice. One that would al- there doing the same thing, working just as hard understand ways put the river first, right after my two boys. and fighting the same sort of greed, ignorance and who we are as I learned to use the Southern Belle thing to my corruption that harms our quality of life, our com- river’s advantage. I’ve learned how to take that munities and our children’s future. individuals, how voice — my new strong voice — and use it while The Waterkeeper movement has come a very we each can best wearing heels, a black suit and pearls. It never fails long way from my first Waterkeeper meeting in contribute and to startle the guys on the other side. Casco Bay. Personally, I’ve come a long way too, al- I’ll admit — I’m not always outwardly strong. I though I’m still perfecting my voice for the river. I make a difference melt at times. I’m never happy about it; I feel weak try to remind myself as often as I can why I do this using whatever when I cry, but it’s always because I care so much, work. It’s not just for the adrenalin rush when we talents we have, and usually because I am so damn mad. But this beat the greedy bastards on the other side. It’s for too can produce results. One such episode resulted people like the family that I saw this summer, cel- and then go for it in a series of hearings on coal-fired power plants. I ebrating a birthday beside the river, with a piñata with all our might truly believe that if I hadn’t had a meltdown, those hanging from a nearby tree. It’s for people like A.J. and passion. opportunities for the public to speak would not James and her neighbors who fought against pollu- have occurred. But, it sure took it out of me. I’d tion from the expansion of a state prison that was much prefer lawsuits. harming the community’s lakes and wetlands. But, What I have learned is that each of us must work mostly, it’s for two boys named Charles and Robert, hard to understand who we are as individuals, how and their children. w Water
We’ve got a major water war on ourWar hands watershed in the country that supplies a major — the longest running water war in the east. metropolitan area. The Chattahoochee begins in North Georgia, The recent exceptional drought in north but it forms the border with Alabama, and the Georgia has revealed just how vulnerable our
last 100 miles are in Florida — where it has a water supplies are and, more importantly, how AP P hoto /J ohn a z emore B different name and a different Waterkeeper, the pathetic our state’s water management efforts A severe drought, exacerbated by uncontrolled Apalachicola Riverkeeper. have been to date. Residential water use in sprawl, antiquated and inadequate water The river system flows into Apalachicola metro Atlanta is nearly twice the daily average of infrastructure and feeble efforts at water conservation have turned the muddy bottom of Lake Lanier Bay, one of the most productive estuaries in homes that are considered “conserving.” More — Atlanta’s main reservoir — into a nationally the country. As the former manager of the than 120 million gallons of water are wasted recognized poster child for bad water management. estuary used to say, “Whoever decided to every day in Atlanta through leaks in the water call the place where a river empties into the systems and more than a million homes still sea the mouth needs a lesson in anatomy.” use old-fashioned, high-flow plumbing fixtures. Indeed, 400 miles upstream of the end of the The changing hydrology in the can provide to users throughout the basin Chattahoochee/Apalachicola system sits the Chattahoochee watershed is also affecting the and remain clean, flowing waterways. ever-expanding metropolis of Atlanta. river’s ability to sustain all users, especially Upper Chattahoochee Riverkeeper has long A decade ago, metro Atlanta stretched 60 during droughts. During each of the past advocated water demand management based miles, north to south; now it’s 110 miles and seven years, approximately 100,000 people on comprehensive monitoring studies and there are no geographic limits to that growth. have moved into the 16-county metro Atlanta assessments. Our goal is to secure new and Metro Atlanta is located so high in the river region, hardening the natural landscape with improved water policies and programs that basin that the Chattahoochee is straining to 55 acres per day in new roads, rooftops and will ensure enough clean water for the people supply all the water demands and maintain parking lots. and wildlife in the Chattahoochee River Basin quality standards, despite our usual 50 inches There is a limit to the amount of water that now and in the future, while protecting the of rain each year. In fact, we have the smallest the Chattahoochee River and its tributaries entire river system.
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 23 waterkeeper guest column Beloved Community By Representative John Lewis
John Lewis has dedicated his life to protecting human rights and securing civil liberties. Born the son of sharecroppers, he attended segregated public schools in Pike County, Alabama. As a student at Fisk University, Lewis organized sit-in demonstrations at segregated lunch counters in Nashville, Tennessee. During the height of the Civil Rights Movement he served as Chairman of the Student Nonviolent Coordinating Committee, organizing student activism challenging segregation and securing voter rights throughout the South. Despite more than 40 arrests, physical attacks and serious injuries, John Lewis remains a devoted advocate of the philosophy of nonviolence. He has served as U.S. Representative of Georgia’s Fifth Congressional District since 1986.
24 Waterkeeper Magazine Winter 2008 www.waterkeeper.org Beloved Community The beauty of the earth is one of my greatest inspirations. I try as often as I can to get back to the fields and streams of rural Alabama where I grew up. It was in smelling the wildflowers, touching the ancient oaks, the poplars and pines, I learned wonder. As I was drinking the clear, fresh water from an Alabama spring, I learned purity. When I was fishing with a simple cane pole deep in the quiet of a warm, lazy afternoon, I learned the value of prayer and patience.
As I was feeling the dirt and the pine straw between my toes, I discovered that the wilderness is a part of you and it is a part of me. I discovered that we should never, ever break our connection to the earth, from its beauty, its joy and its peace. We used to say in the Civil Rights Movement that the struggle in America is inseparable from the struggle in Africa or the Caribbean. That the strug- gle in Eastern Europe and South America is insepa- rable from the struggle in the United States. But I say to you that also the struggle to save America’s fields and streams, the struggle to save endangered species is inseparable from the struggle for human rights around the globe. As Dr. King would say, “We must learn to live together as brothers and sisters or together we will AP J ackson P hoto /L awrence
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 25 I truly believe that as we move deeper perish as fools.” As Gandhi would say, we must learn into the 21st century, the connection to choose between nonviolence or nonexistence. These ideas were the foundation of the Civil between healthcare, the environment and Rights Movement, and they also are the foundation the Civil Rights Movement will become of the environmental justice movement. I truly be- lieve that as we move deeper into the 21st century, more and more clear. the connection between healthcare, the environ- ment and the civil rights movement will become more and more clear. We all need to breathe fresh air, drink clean wa- ter and eat safe food. These things are all necessary for us to live, and I believe that access to these vi- AP P hoto /H arry H arris John Lewis was an architect and keynote speaker at the historic March on Washington. In July 1963 Associated Press printed this photo with the caption: The six leaders of the nation’s largest national black organizations met in to discuss plans for the August 28, 1963, Civil Rights March on Washington, DC. They are from left: John Lewis, Chairman of the Student Nonviolence Coordinating Committee; Whitney Young, Urban League; A. Philip Randolph, Negro American Labor Council; Dr. Martin Luther King, Jr., Southern Christian Leadership Conference; James Farmer, Congress of Racial Equality; and Roy Wilkins, National Association for the Advancement of Colored People.
26 Waterkeeper Magazine Winter 2008 www.waterkeeper.org tal components of human life is a sacred right that As leaders of the environmental should not be violated. movement, you can move our society Those of us who are friends of the environment have a lot of work to do today. People have not yet forward by standing up for what you understood the practical relationship between job deeply believe. creation and environmental protection. Most peo- ple do not understand the relationship between pre- serving our land and the ideals of justice and peace. But that should not stop us. I am here to say, don’t give up. Don’t give in. Don’t give out. Don’t get lost in a sea of despair. Stay in the struggle, con- tinue to get out there and push and pull to move — Lowndes County — 80 percent of the residents this society forward. There is a force of good, a were African American, and there was not one sin- power, what I like to call the Spirit of History, and gle African American registered to vote. it is on your side. We were ordinary citizens, just like you, but we When I was growing up in rural Alabama, I saw began organizing in Mississippi with one simple those signs that said “white men,” “colored men,” mission: to register as many black voters as pos- “white women,” “colored women,” “white waiting,” sible. It was a great task, but our passion for justice and “colored waiting.” I tasted the bitter fruits of was even greater. racism, and I didn’t like it. We knew our mission would not be without I used to ask my mother, my father, my grand- risk. In 1964, the state of Mississippi was a very parents, my great grandparents, “Why segrega- dangerous place for those of us who believed that tion? Why racial discrimination?” They used to tell everyone should have the right to vote. And free- me, “That’s the way it is. Don’t get in trouble. Don’t dom did not come without a heavy cost. Less than get in the way.” But I was fortunate to become in- a month after we arrived three civil rights workers, volved in the modern day Civil Rights Movement, three young men — Andy Goodman and Mickey and I got in trouble. I got in the way. Schwerner — both white… and James Chaney, a It was good trouble, it was necessary trouble. black man — disappeared. You must be maladjusted to the problems and Later we found out that these three young men conditions of today. You must find a way to dra- had been arrested, taken to jail. That same night matize your issue. And then you have to get in the they were released from jail by the sheriff and way. You just have to get in the way and make your turned over to the Klan. They were beaten, shot voices heard. and killed. I tell you this so you will know that the Through your leadership, you must help build an struggle for social justice has been a long, hard all-inclusive world community based on simple jus- road, littered by the battered and broken bodies of tice, an all-encompassing community that values the countless men and women who paid the ultimate dignity of every individual, wild lands, waters and price for a precious right — the right to vote. wildlife — what I like to call the Beloved Community. For those of us in the Movement, we learned The most pressing challenge in our society to- early that our struggle was not for a month, a sea- day is defined by the methods we use to defend the son, or a year, but the struggle of a lifetime. That is dignity of humankind. You cannot wait for some- what it takes to build the “Beloved Community.” one else to create change. Through your own ef- As leaders of the environmental movement, you forts, through your own action, through your own can move our society forward by standing up for creativity and vision, you have to do it. You must what you deeply believe. You have a mandate from make our society and our world a better place. the Spirit of History to follow in the footsteps of Forty years ago another generation of men and brave and courageous men and women who fought women, black and white, had the courage, had the to make a difference. capacity and had the ability to get in the way. They Now it is your turn to lead. It is your turn to put aside the comfort of their own lives and they build the Beloved Community. You must help to got involved in the circumstances of others. At 23, build a new, more green, more clean America and I traveled around the country encouraging people a better world in the 21st century. to come to Mississippi to get involved with the You must use all your power to love and not to Freedom Summer of 1964. hate, to build and not to tear down, to heal and not Forty years ago, it was almost impossible for to kill. And if you use that power, if you continue to people of color living in the South to register to pursue a standard of excellence in your daily lives vote. In 1964, the state of Mississippi had a popula- — in your homes, in your communities and in your tion of more than 450,000 blacks, but only 18,000 work — then a new and better world, a Beloved were registered to vote. In one county in Alabama Community, is yours to build. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 27 28 © Archivo Iconografico, S.A./CORBIS The arcofthemoraluniverseislong, Environmental Justice Waterkeeper Magazine Winter 2008 but itbendstowardjustice. Martin Luther Jr. King, www.waterkeeper.org Martin Luther King, Jr.
The Robec Stream, at Rouen Claude Monet, 1872
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 29 Environmental Justice
Environmental Justice at 20
By Earl L. Hatley, »In 1987, the Commission for Racial Justice of the Throughout the 1980s a nationwide anti-toxics Grand Riverkeeper, United Church of Christ published the seminal re- movement was coalescing to address the nation’s Oklahoma port, Toxic Wastes and Race in the United States. worst hazardous waste sites. Many of these sites The report documented that the majority of the were identified by the U.S. Environmental Protec- nation’s hazardous waste sites are located in and tion Agency under the National Priorities List for around communities of color. The report brought immediate governmental response. The law, how- the reality of “environmental racism” to a national ever, did not provide funding to cleanup the sites. audience. Stark evidence of the role of race in in- It depended on polluters, or “responsible parties” dustrial pollution brought together organizations to pay for cleanup. But many of these sites were working in parallel on social justice, anti-toxics abandoned; polluters had moved out, found ways and environmental protection. The Environmental to insulate themselves from responsibility or had Justice — EJ — Movement was born. gone out of business, leaving communities stuck with orphaned toxic sites. Congress responded to pressure from the fledgling Anti-Toxics Movement to address this problem with the 1986 Superfund Amendment and Reauthorization Act (SARA). SARA included right-to-know provisions that allowed public access to industry permits, enforce- ment actions and the activities of federal environ- mental agencies. The Toxics Release Inventory was created; forcing industry and government to publish information on emissions, releases, trans- fer and storage of hazardous substances. The law also created a tax on industries that generate, treat or dispose of hazardous materials. This tax “Super- fund” was a pot of money that EPA could use to clean up abandoned toxic sites. The “polluter pays” provision of the law allowed EPA to charge recal- citrant responsible parties three times the cleanup costs of a site if EPA was forced to pay for cleanup using the Superfund. With this victory the Anti-Toxics Movement solidified into three new national activist groups: Greenpeace Action USA, National Toxics Cam- paign and Citizens Clearing House for Hazardous Waste. Unlike the so-called “Big 10” or “Beltway” environmental groups, these groups fielded envi- ronmental organizers around the country to help local citizen groups facing environmental hazards get organized and develop strategies for dealing with pollution. The Anti-Toxics Movement cre- ated a new grassroots paradigm in environmental activism. Local groups fighting contamination in their neighborhoods were empowered to drive the agendas of national organizations. Over time a few of the Big 10 groups joined in the effort by creating
30 Waterkeeper Magazine Winter 2008 www.waterkeeper.org national networks around specific environmental issues to lobby Congress, watch the administration and coordinate national grassroots action. In the years following the publication of Toxic Stark evidence of the role of race in industrial Wastes and Race in the United States, academic journals were flooded with studies proving its pollution brought together organizations working methodology and findings. Race and class dis- crimination exist, whether intentional or not, re- in parallel on social justice, anti-toxics and garding the location of facilities that produce and environmental protection. The environmental dispose hazardous waste, and that dispose solid waste. Researchers documented that hazardous justice — EJ — movement was born. sites in predominantly white middle class areas are more likely to be cleaned up, and more quickly, than sites in communities of color and/or low-in- come. And cleanup in white communities is more likely to include removal of contaminants, while that could add further toxic burdens on designated the remedies in low-income and communities of environmental justice communities. Agencies are color more often amounted to capping contami- also committed to ensure that these communities nants in place. The stage was set to bring together are prioritized for toxic site cleanups and that they parallel movements. share, as partners, with the agencies in decision- In 1990 ten prominent activists of color wrote a making. Federal agencies (including EPA, Fish and letter to the Big 10 (including the new anti-toxics Wildlife Service, Department of Defense, Depart- groups) demanding dialogue on the environmental ment of Energy) developed environmental justice crisis impacting communities of color and calling protocols for interacting with citizen groups and on them to hire people of color on their staffs and tribal governments. But there is no real enforce- boards of directors. Very soon after, a second let- ment mechanism in the Executive Order. The fed- ter was sent to these groups signed by 103 activ- eral government’s steps to address environmental ists of color representing grassroots, labor, youth, justice were largely window dressing. church, civil rights and social justice advocates In 1995, Congress failed to reauthorize the Su- and coalitions in the southwest. These letters chal- perfund tax. With the funds exhausted, it literally lenged mainstream environmentalists on issues of takes an act of Congress for appropriation of funds environmental racism and lack of accountability for each Superfund toxic site. Under these condi- toward “third world communities.” The result was tions, attempts by Congress members to allocate two national summits on environmental justice: the funds to a cleanup site in their district is seen by 1991 First National People of Color Environmental others as pork barrel spending; therefore, these Leadership Summit in Washington, D.C. (out of efforts often fail. Environmental justice organiza- which came 17 Principles on Environmental Jus- tions are working to have the tax reinstated because tice) and the 1992 Southern Organizing Committee without the tax the public, not the polluters, pays for Economic and Social Justice in New Orleans. for toxic site cleanups, which is a violation of the The federal government responded to the- bur “polluter pays” provision of the law. Environmen- geoning environmental justice movement. In 1992 tal justice groups are also urging the Congress to EPA created offices of Environmental Justice and codify the Environmental Justice Executive Order Tribal Affairs and established the 25-member Nation- 12898 so it will stand as the law of the land. al Environmental Justice Advisory Council (NEJAC) In 2007, the United Church of Christ released made up of representatives of academia, community Toxic Wastes and Race at Twenty 1987 -2007. The groups, business, environmental and Tribal organi- authors found that “disproportionately large num- zations. NEJAC’s primary purpose is to insure that bers of people of color still live in hazardous waste EPA is a responsible partner and adequately protects host communities, and that people of color are not environmental justice communities. equally protected by environmental law.” On February 11, 1994, President Clinton issued The goal of environmental justice was planted Executive Order 12898, Federal Actions to Address in fertile soil 20 years ago. Yet, despite progress Environmental Justice in Minority Populations and building a social movement for environmental jus- Low-Income Populations. The Executive Order re- tice, minority communities still lack the legal and quired federal agencies to consider disparate im- enforcement tools they need to protect themselves pacts of their decisions on environmental justice from disparate environmental impacts. Today we communities. EPA and federally funded state envi- still have a long way to go to protect, as well as re- ronmental agencies are obligated by this framework spect, the rights of all citizens and all communities not to allow the permitting of additional facilities in our diverse and multi-class nation. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 31 Environmental Justice
Turkey Creekkeeper Derrick Evans with the Katrina Ritaville Express. More than 40,000 families on the Gulf Coast still reside in toxic FEMA travel trailers like this one. Visit KRVExpress.org for more information.
E scher Crossroads Saving Turkey Creek
By Derrick »Turkey Creek, Mississippi lies at the very cross- colony in North America, water moccasins every Christopher Evans, roads of America’s most noble and ignoble tradi- few yards in May and 30 foot storm surges from Turkey Creekkeeper tions. Established by emancipated slaves, the set- hurricanes. We’ve been making peace with coastal tlement began in 1866 as a long awaited promised Mississippi’s ecology for a long time. This is our land for a people denied all manner of dignity, even home. But our future is imperiled. Today our wa- names, for fourteen generations. Their descen- tershed is the crossroads between two competing dants have lived here, navigating American life and visions for Mississippi: one that values communi- culture as free human beings and citizens for seven ties, culture and the environment; and another that generations and counting. does not. No less than the legacies of slavery, segregation In 1991, after 20 years in Boston, I returned or civil rights, environmental stewardship is not home to produce a documentary film on how the new in Turkey Creek. We live in a place that gets New South’s homogenizing sprawl was pushing my 70 inches of annual rainfall, with the largest fire ant community off of Mississippi’s 21st century map.
32 Waterkeeper Magazine Winter 2008 www.waterkeeper.org I quickly realized, however, that the immediate keeper, the environmental defense of Turkey Creek was profoundly more ur- justice program of Tur- gent. I was soon embroiled in the fight for environ- key Creek Community mental justice: the intersection where racism and Initiatives, was created classism — historical evils deeply embedded in our to protect and defend. national story — meet with our equally evil legacy Our mission is to con- of environmental destruction. serve, restore and uti- Geographically, Turkey Creek sits where In- lize for education and terstate 10 meets US 49, near the Gulfport-Biloxi other socially beneficial International Airport. Governor Haley Barbour purposes the unique and his post-Katrina planners have called the area ecological and cultural the “center of gravity” for the entire region’s eco- resources of Turkey nomic recovery. I call it the place where my mama Creek community and was rescued from a house full of toxic floodwater watershed. by neighbors piloting an air mattress. I call it the After attending the
place where my ancestors are buried in graves that 2003 Waterkeeper Turkey Creekkeeper are now underneath apartment buildings that the conference in To- Army Corps and city government allowed devel- ronto, I knew there opers to put there. Turkey Creek is no doubt the was room here for a Waterkeeper center of gravity for someone’s future; the question program, and immense value in forging relation- is whose future? ships within the Waterkeeper tribe. Through When Barbour and his inner circle think of Mis- Turkey Creekkeeper and our other advocacy and sissippi, they see highways, ports, plants and casi- educational programming, we have built a diverse nos — not people. Their outlook explains why now, toolbox for protecting this beleaguered creek and more than two years after Hurricane Katrina, the community. Folks here do not have the luxury of government — state, federal or local — still isn’t deciding whether to be environmentalists, historic involved in rebuilding peoples’ homes. Across the preservationists, affordable housing proponents, coast, homes are being rebuilt one at a time by out- family service advocates or urban planners. We of-state volunteers, with tens of thousands still to do not have the luxury of isolating or siloing these go. It explains why community-based small busi- critical issues of community survival. And neither ness owners have little access to financial assis- does anyone else. tance, while casinos bounce back bigger and more We who have inherited the mandate, the right numerous than before. Shipping facilities, major and the passion to promote a more just, humane roadways and high-end hotels that didn’t exist and sustainable society are too often cut off from before the disaster are sprouting up all over. It ex- one another, and this costs us dearly. A neophyte plains why we are seeing a deliberate acceleration environmentalist just a few years ago, I was amazed of wetlands destruction, our first line of defense by how many different stripes of environmental- against future storm surges and proven protection ism there are and how rarely folks talk to one an- from our normal bouts of heavy rain and flooding. other. Specialization certainly has a place in our While everyone’s Mississippi suffers from this highly complex society, but issue myopia and self slash and burn development, our political and busi- ness elites are having the time of their lives playing with unprecedented public and private dollars sent down for hurricane recovery (an amount greater than the state’s annual budget). But I cannot name more than a few individuals who have seen a dime I was soon embroiled in the fight for of it. The resources for rebuilding allocated by Con- gress and the American people have been stock- environmental justice: the intersection where piled in Jackson and diverted for an imbalanced and unsustainable Gulf Coast makeover. And many racism and classism — historical evils deeply of coastal Mississippi’s people — of all races, rich and poor — are exasperated. They know that the embedded in our national story — meet with our real Mississippi is our communities, homes, wet- equally evil legacy of environmental destruction. lands, streams, wildlife and trees. It’s our people. Our fried mullet and catfish. Our porch swings and the blues. These are what make Mississippi worth loving, worth coming home to. This is also the Mississippi that Turkey Creek- www.waterkeeper.org Winter 2008 Waterkeeper Magazine 33 Environmental Justice
segregation defeats environmental and other so- movement. But the people and the place that taught cial justice movements. We divide and conquer me my inner-most values were being erased by ourselves. Perhaps we have bought the theology those whom I came to learn are usual suspects ev- that says your personal salvation is the purpose of erywhere — the Army Corps of Engineers, the state your existence, as opposed to your connections to Environmental Quality Department and a Chamber community and earth, and your responsibility to of Commerce posing as local government. those who have come before and those who are yet I started by getting a lay of the land. Wars are to be born. won with maps, much more so than with weapons. In 2001 I left Boston to help save the commu- I am a sixth generation Turkey Creek native. But nity that spawned me. I had graduated from Boston when I got back I realized that I needed to keep my College and become an educator at Boston College mouth shut and listen. I had to let go of some ego and in the Boston public schools. I immensely en- and blend into the existing conversation. It turned joyed living in the Athens of America and lecturing out that historic preservation was the first prior- on the past successes and failures of the civil rights ity. I had once thought that such activity was intel-
Regional General Permits In the aftermath of Hurricane Katrina, at the urging of Mississippi’s governor, the Army Corps of Engineers proposed a regional general permit for coastal Mississippi that would have allowed developers to destroy up to five acres of wetlands without public comment or environmental review, a ten-fold increase from pre-hurricane standards. After strong resistance from residents of the Turkey Creek watershed, Waterkeeper Alliance and a broad coalition of local and national groups, the Corps retracted the proposed change. It later issued a revised permit allowing destruction of up to three acres, but, hoping to avoid controversy, excluded the Turkey Creek watershed from the new proposal. TCCI/Turkey Creekkeeper, in coalition with other partners, has sued anyway.
Due to upstream wetland loss, the main street of the North Gulfport neighborhood now floods after a normal rain. Tu rkey C reekkeeper
34 Waterkeeper Magazine Winter 2008 www.waterkeeper.org lectual fluff, a diversion for wealthy dilettantes. But cultural resource mapping enabled us to use pro- Cane pole fishing for brim and ground visions of the Historical Preservation Act of mullet behind the Turkey Creek School. 1966 to begin protecting Turkey Creek’s cul- tural resources — the structures and natural places around which our community is built. Likewise, I didn’t know about the Clean Water Act or who the mayor was. I had to learn a lot fast. I took a class to become a master naturalist. Though I grew up running around in these woods, I needed to know the names of the plants and soil types to defend the watershed. I immersed myself. I began looking for elders, traditions, spirits and al- lies that were going in the right direction to uplift my community, my creek, my earth and my society. Even as I gathered a wealth of new information and relationships, I was constantly reminded that expertise in an issue isn’t enough to engage a community. People don’t care who or what you know; they want to know that you value what they
care about. Turkey Creekkeeper When it comes to historically marginal- ized people — whether low-income white or minority communities — a sense of cultural identity is what they lean on first for community defense. If you don’t honor their traditions, that spirit, those elders and their goals for their future, you are not going to engage these people. And without them, you are not going to challenge pow- er effectively or lastingly. It’s like being a teacher or a sculptor. A great teacher starts with who is in the classroom, not with what is in the textbook; a great sculptor brings forth shape from within a stone rather than imposing one from without. You have to be deft and selfless and humane. When we hum- bly commit ourselves to discourse beyond familiar communities and issue framing, we eventually dis- cover common cause and connect to what is essen-
tially a comprehensive human rights struggle.
reekkeeper C rkey Tu rtesy u o My mother told me when I got home in 2001 C to be careful because there is no bottom to this; a whole lot of snakes and fire ants, but no bottom. I Turkey Creek Community in front of Mt. Pleasant answered, Mama, I don’t know if we can save Tur- United Methodist Church after the hurricane of 1947 (prior to the convention of naming storms). key Creek, but the effort itself is invaluable. We Today, in cooperation with Turkey Creekkeeper, Mt. might just win. And, win or lose, our struggle here Pleasant has an environmental ministry whose will be powerfully instructive for folks anywhere motto is, “clean souls need clean water.” who value community, environment and history. The fight for Turkey Creek is a quintessential part of one worldwide movement for cultural, econom- People don’t care who or what you know; ic and environmental integrity. We have survived they want to know that you value what and battled racism, classism and environmental destruction for 21 generations, and the story is far they care about. from over. Like our ancestors before, it is our pur- pose to deliver our grandchildren’s grandchildren a healthy, just and sustainable world. I don’t intend to fail my ancestors or my grandchildren. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 35 Environmental Justice
Tradition, Trust and Hopi Science
By Vernon Masayesva, »Environmental degradation and disregard for This ancient underground waterbody is the second Black Mesa Hopi traditional science has put the oldest living breath of the human according to Hopi science. Waterkeeper culture in North America, and all first peoples, The survival of Hopi people and culture depends at risk of cultural annihilation in the 21st Century. upon this sacred resource. Yet the U.S. government Native people, until recently largely untrained in has consistently allowed Peabody, the world’s larg- Western science, are at a considerable disadvantage est coal company, unlimited access to this pristine in representing their own interests in the protec- waterway to slurry coal. It was the case when the tion of their lands and lifeways and in the creation federal government permitted a Peabody lawyer, of sound economies for their tribes and nations. John Boyden, to represent the Hopi people in their Traditional Hopi science looks at the world in negotiations with the company regarding water which we live as a whole, recognizes the essential and mineral leases in the 1960s. It was the case in connection of all the parts — the air, the water, the the 1980s and 1990s when the government permit- land, the animals and the human — and from it ted U.S. agencies to disregard federally mandated develops culture and a way of being. The world is studies and assessments of the human and cultural Traditional sacred and the human is its steward. This science impacts of the Black Mesa mining. It is still the case Hopi science has sustained native peoples for millennia. today as the federal government continues efforts In contrast, western science separates the hu- to evict Navajo people to allow expansion of min- looks at the man from the environment and then studies the ing operations. world in parts as if they had little to do with one another. Since the 1960s the Hopi and Navajo people The world is mechanistic and the human runs it. have collected vast evidence of the human and which we live This worldview has produced enormously impor- cultural impacts of Peabody’s operations, but the as a whole, tant technological and medical advances. Because federal government gives no standing to traditional of this worldview, Western societies are gener- science. They disregard evidence collected by those recognizes ally able to control their environments and provide who walk the land, who once swam its washes, and the essential great human comfort. who, today, still honor its sacred springs. connection In recognition of the disadvantage with which This is apparent in the example of the Cumula- Native America operates in the Western political tive Hydrological Impact Assessment, a study re- of all the and economic world, the federal government has quired for granting water and mineral extraction parts — the assumed a special responsibility to the indigenous permits on Black Mesa. The term “cumulative” peoples of the United States. The government has was interpreted by Western scientists to include air, the water, promised to hold Native American resources in only physical elements of the environment. To the land, the trust, to ensure that the peoples are not cheated most Native Americans and certainly to Hopi, “cu- in their dealings with the dominant culture they mulative,” when used to describe hydrological im- animals and find so foreign. More often than not, however, pacts, refers not to effects upon the physical world the human the government of the United States has failed to alone, but includes impacts on the lifeways and meet even the most basic fiduciary and social re- religious practices of those who live and worship — and from sponsibilities one legitimately expects of a trustee. in those areas. Failure to address such impacts it develops Indeed, more often than not, the government has compromises not only the law, but also religious been party to, and beneficiary of, the cheating and freedom and practice. Our Constitutional rights culture and a lying that have impoverished Native peoples, de- are violated when springs cease to flow because of way of being. graded their lands and undermined their lifeways groundwater extraction. and sacred responsibilities. But what is at stake is larger even than our indi- This is surely the case in Peabody Energy’s vidual rights. At stake is our existence as a people. treatment of the Hopi and Navajo nations when The refusal of the federal government to allow Hopi the company decided it wanted to extract waters people to protect their environment is cultural from the Navajo Aquifer for its coal operations. genocide: the extermination of traditional culture
36 Waterkeeper Magazine Winter 2008 www.waterkeeper.org www.waterkeeper.org Winter 2008 Waterkeeper Magazine 37 38 shallow a from waters non-potable allowed This wells. deep its cast to pipes perforated used engineers Peabody that learned we when stop abrupt an to came celebration Our rejoiced. we and land sacred our on descended silence beautiful a stopped, Coal’spumps Peabody When waters. our of plunder its end to company coal largest world’s the force helped we extraordinary: quite something accomplished allies, other and neighbors Navajo our by aided organization, grassroots Hopi small Trust,Mesa Black a 2005, 31, December On Hidden the Killing Environmental Justice Waterkeeper Magazine Winter 2008 W when pumping started. pumping when 1970 since happening N-aquifer.the was This in stored water pristine into downward seep to D-aquifer overlying affected. ofthose understanding cultural and challenges linguistic the to sensitivity public comment and consultation must be for addressed with requirements legal example, For tion. communica- inter-cultural legitimate ensure must government federal The affected. those by stood letter of the law and the way these words are under attentiondemands scrupulous peoples, both to the indigenous its and continent American the of tion protec guarantee which responsibilities, trust and future. aperilous facing peoples first America’s leaves culture, traditional its and for there, respect and responsibility of notions live truncated who peoples of view of the point from impacts assess to failure government’s U.S. The survival. cultural Hopi threatens and ters - wa those to connected are who humans the sons poi- waters sacred of poisoning The meaningless. becomes sites these to pilgrimage religious up dry and servance traditional agriculture. When springs ob- religious Hopi to essential are waters Its Mesa. Black on peoples Hopi for water potable of source sole the is Aquifer Navajo The one. dominant a by drinking. Protecting our Protecting drinking. for N-aquifer from waters the on solely rely who people Navajo and Hopi to concern major of is contamination The action. corrective order and Peabody penalize to refused and minor as contamination the dismissed Arizona North in reservations Indian Navajo and Hopi on Mine Mesa Black supervising authority regulatory federal sole the Mining, Surface The laws government U.S. of spirit the for Regard aters .S. Office of Office U.S. on DOI Secretary Dirk Secretary DOI on pressure putting help for Waterkeeperasking are Trust/BlackMesa resources. natural our safeguard to is it duty legal whose government federal the of concern priority a be should water Now Black Mesa Black Now - - the dismissal of legislative intent. oflegislative the dismissal is tantamount to the denial of legal protections and intervention such of want the Indeed, overstated. be cannot participation and access assure to tion Western science is limited — the need for - interven are great and travel is wheredifficult, knowledge of English is often a second language, where distances In Native of — circumstances. whereAmerica best the under discussion community and translation explanation, sensitive require documents Arcane reports. technological massive lim- of distribution ited and publication simple the by served tively effec not are “consultation” of requirements and comment” “public to invitations that clear dantly man beings of intelligence and good will, it is abun- insignificant problem. insignificant an it calling by problem contamination the whitewash to Mining Surface of Office the allow not Do wells. Peabody of all into investigation independent an order to Kempthorne vajo why he did not respond to the “invitation,”the to respond not did he why vajo and movi Forest If you Lake. ask a traditional Na- Kykots Denver,Albuquerque, in review for able avail- were application the of copies that public noticesplaced informing in the a newspapers few Peabody application, permit mining a filing after Shortly comment. to invitation and notice public For example, consider Peabody Energy’s recent To most Native Americans, indeed to most hu- most to indeed Americans, ToNative most ancient wells dry.wells ancient leaving and sinkholes with pockmarked desert high the leaving Arizona, northeastern in reservations Navajo and Hopi the and Mesa Black beneath Aquifer Navajo the from water drinking pure of gallons billion 1.3 pumped CoalCompanyPeabody years 30 than Formore www.waterkeeper.org - -
© Bob Rowan; Progressive Image/CORBIS if he managed to find a newspaper where the notice was published, he would probably respond by saying, “It’s a very long road.” By this, of course, he would mean much more than the physical distance between his hogan (traditional house) and one of these four cities. He would be referring as well to the cultural differences that separate his home from the urban office where copies of the appli- cation were held. Such a notion of access, of access without true invitation and op-
portunity, is simply an empty concept, of N orthern A ri z ona . appearance without substance.
For someone who might have made of Mu se u m the journey, he would confront a
document that is virtually incom- co u rtesy prehensible to non-scientists and P hoto written only in English, a lan- guage many of the affected people neither speak nor read. Here, too, A sacred Hopi textile, a the appearance of access — without translation, wearing robe (tuuhi’i). without illustration or guidance — is made to stand for the real thing. It is less than an empty gesture; it is disrespectful of person and dismissive Ancient Wisdom of the significant effort that has been made by Na- tive people to have a voice in regards to their land The government relies on mathematical modeling to make decisions that affect our and water rights. culture, our religion, our land, our water and our future generations; these are big Beyond efforts to circumscribe consultation decisions. Their model ignores our beliefs and knowledge — all that our science and comment there are the unavoidable but cor- and millennia of observation have revealed about nature and the interplay of rectable misunderstandings that occur between freshwaters, the ocean and the cosmic sea, as well as how these life-giving waters cultures. Consider the use of the word “mitigation” interact with humankind. as it applies to the “mitigation of impacts during The disregard they display for our knowledge of waters is not unique to Hopi the operation of the mine.” To Western scientists or Navajo Tribes. All over the world, wherever giant corporations are logging and most Anglo people this phrase likely means to old-growth trees and rainforest, wherever extractive industry threatens biological reduce the negative results of operating a mine. To balance, wherever free-running rivers are dammed, indigenous people face nearly Hopi considering the operation of the Black Mesa insurmountable barriers of dominant culture hubris and disdain in their efforts to mines, such a phrase likely means that if a burial protect their lands and water rights. site or remnants of ancient village are encountered Where sacred land and water are viewed as commodities only, the vitality of in mining, the operation will be moved to protect our global ecosystem is called into question; where ancient wisdom is ignored the that sacred place. In fact, just the opposite is true: future of human kind is greatly at risk. the exposed bones of our grandfathers are crated up and shipped to museums while the stones of ki- vas and homes of those long passed are scooped In summary, then, the federal government has up in the massive jaws of gigantic earth moving failed to meet the requirements of the trust rela- equipment and dumped in some more convenient tionship and protect the interests and natural re- location, exposed to the elements and often the sources of the Hopi nation. Such violation must not disrespectful gaze of the mine workers. continue. Peabody Energy’s use of Navajo Aquifer Given such differences of understanding, how water must stop. The U.S. Office of Surface Min- can it truthfully be said that the traditional peo- ing, the Environmental Protection Agency and the ple of Black Mesa, even those who have traveled Secretary of Interior must be called to account. The the hundreds of miles that separate their villages U.S. Government must be required to enforce the from sites where mine applications and reports spirit and letter of the law intended to protect not are housed, have been truly consulted or invited only our natural resources but also our religious to comment. Indeed, had they truly been informed sites, our identity and authenticity as a discrete and consulted, can anyone doubt how they would peoples within a pluralistic state, and our inalien- have responded to Peabody’s proposals or the du- able right to self-preservation as unique individu- bious findings of the Office of Surface Mining? als and cultures. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 39 Environmental Justice The Bridge Ancient Wisdom and Environment Protection
Mati Waiya is Ventura Coastkeeper
By Angela »The relationship of Tribal people to their land and Wishtoyo Foundation and Ventura Coastkeeper Mooney D’Arcy water has existed since time immemorial. Tribal are building bridges between environmental pro- systems of governance, ecological management, tection and cultural survival, demonstrating that community and cultural practices were in place each is stronger with the other. Wishtoyo is the since long before the founding of the United States, Chumash word for rainbow, and like the legend and long before what we now call the environmen- telling of the arrival of the first Chumash settlers tal movement. Indigenous communities are the on a rainbow bridge from Santa Cruz Island, Wish- Elders of this earth and possess critical ecological toyo serves as a bridge to link the people of today knowledge that should always be incorporated in to their environment — the land, air and water that environmental stewardship plans and practices. support and sustain us.
40 Waterkeeper Magazine Winter 2008 www.waterkeeper.org www.waterkeeper.org Malibu. in CanyonCountyBeach Nicholas at site four-acre a on Foundation’sChumash Wishtoyo Wishtoyo Foundation and Ventura Coastkeeper, in by brought lawsuit a 2006, spring in example, For chemicals. dangerous these from children and ers work farm communities, nearby protect to report the of recommendations the implements keeper Coast Ventura County. Ventura in use pesticide agricultural Bomb,” of effects health the on study a Time Toxic County’s Ventura “Agritoxins: leased, enforcementcitizen protection. andwatershed spearhead to 2000 November in Coastkeeper tura Ven- launched Wishtoyo action. community and research education, through waters our to sibility - respon foster and communities coastal of history and culture the preserve and protect to is mission Wishtoyo’s environment. natural the upon, dence - depen and with, connection our of awareness er beliefs, Chumash stories and songs, practices, dances to create great traditional utilizes Clan, Turtle Wishtoyo Valley River Clara Santa the of ber island dwellers. island and villages coastal peoples, inland between centers trading as villages coastal their establishing shore, the and Islands Channel the between travel of capable and sturdy Their shellfish. of varieties and fishes marine of types 150 over of consisted diet Chumash spears. and harpoons as well as hooks and lines nets, fishing utilizing fisherman, excellent were Chumash The food. and travel trade, for sea the on dependant culture, maritime a was Theirs years. 10,000 over for Islands Channel the and Californiacoast southern the along extended inhabitance Chumash Frank Lamonea In 2003, Wishtoyo and Ventura re- Coastkeeper Founded in 1997 by Mati Waiya, Chumash mem- (plank canoes) were canoes) (plank tomols
Frank Lamonea is a livingNativea Americanis villageProject Village - - - and out of our streams. and outofourstreams. food our off children,their and workers farm from away kept be should that poison, a fumigant, field strawberry toxic highly a bromide, methyl of use is keeper also fighting to uphold onrestrictions the Ventura forming emissions from pesticides. Coast smog- reduce to California forced groups, justice environmental community-based with coalition bulrush and willow branches. willow and bulrush from manner ancient the in made dwellings, Chumash The site includes site The sensory experience of daily life as as life daily of experience sensory w it existed for thousands of years. years. of thousands for existed it front of one of the site’s the of one of front presentations, offering a multi- a offering presentations, Here, a solstice stick stands in in stands stick solstice a Here, celebrations and educational educational and celebrations Wishtoyo hosts solstice solstice hosts Wishtoyo ceremonies, blessings, blessings, ceremonies, , authentic aps, or tule aps. historical beauty.historical their to restored been have resources years;ofmarine, freshwater plantand thousands for Chumash the sustained naturalvisionahabitat ofthat historical the CanyonCreekcompletes restorationThe adjacentat Nicholas
Winter 2008 Waterkeeper Magazine - other pollutants. pollutants. other and sediments sewage, runoff, agricultural for water test water.irrigation and Volunteers drinking for needs county’s the of quarter a than more supplies which Creekwatershed, Calleguasthe for program Teammonitoring citizen a is Ventura Coastkeeper’sStream 41
Frank Lamonea Environmental Justice
Fighting For Justice in Northeast Oklahoma
By Earl L. Hatley, »In 1997, Ottawa County, Oklahoma, was declared in 1983 and how it impacts the environment, and Grand Riverkeeper an environmental justice site by EPA. The Tri-State how it is today. Mining District (where the corners of Missouri, Ottawa County is the northeasternmost county Kansas and Oklahoma converge) is a 500-square in Oklahoma, bordering Missouri on the east and mile area of abandoned lead and zinc mines with Kansas on the north. There are nine small Tribes five Superfund hazardous waste sites. The land- located in Ottawa County on the east side of the scape is pockmarked with open mine shafts, sink Neosho River, which cuts into it from Kansas and holes where the surface caved into mines below and separates most of the county geographically. The mountains of tailings piles reaching as high as 200 Neosho meets Spring River to start the Grand Riv- feet. These “chat” piles, along with now-dry ponds er and, since the completion of the Pensacola Dam created in the mineral washing process, contain in 1940, Grand Lake. The Cherokee Nation’s res- high levels of lead, cadmium, zinc, manganese and ervation boundary borders this area. This region iron. Winds whip up surface deposits and carry the has one of the lowest median income levels in the state. Even though Ottawa County was declared an EPA Environmental Justice site in 1997, the insults continue. Surely, no other county in Oklahoma or the region is impacted by pollutants to the extent of Ottawa County. The citizen advocacy group Local Environ- mental Action Demanded Agency, or LEAD, was formed in 1997 to address the Tar Creek Super- fund Site. In 2001, LEAD expanded its scope to address the downstream impacts of the Tri-State Mining District. The organization’s membership is open to any individual. However, 80 percent of the organization is American Indian, representing all the tribes located in the area. In 2003, LEAD cre- ated the Grand Riverkeeper to assess the cultural and subsistence impacts of the upper Grand River watershed, especially on Tribes. I was the LEAD Board President at the time and stepped down to become the Grand Riverkeeper. Today I primarily work on watershed protection while LEAD focuses on environmental health impacts of heavy metals from the Tar Creek Site. This effort is spearheaded by our Executive Director Rebecca Jim (Cherokee). In addition to metals pollution, we work to protect our land and our Grand River from bacteria and
G rand R iverkeeper nutrient pollution from the poultry industry, and Hatley documents an algal mercury pollution from six coal-fired power plants bloom on Elk River in metals, as well as silica dust, throughout the area. owned by Grand River Dam Authority. Missouri one mile from the Oklahoma border and six Rain washes metals into nearby streams and into I have been a full-time community organizer miles downstream of a Tyson the Grand watershed. since getting involved in the national Anti-Toxics poultry factory farm. In 1983, the area was placed on the Superfund Movement in the 1980s. Being Riverkeeper un- National Priorities List and given the highest rank- der these conditions requires an organizing ap- ing in EPA’s Hazardous Ranking System. The Tar proach that is almost as imposing as the range of Creek site became one of the first Superfund sites environmental injustices facing the Grand River in the country. After 27 years, one can tour the area watershed. As Riverkeeper I focus on working and not see any difference between how it looked with Tribes and other grassroots organizations to
42 Waterkeeper Magazine Winter 2008 www.waterkeeper.org protect water quality and wildlife ecology in the watershed. Meanwhile, LEAD’s focus is primarily on environmental health issues due to heavy met- als exposure to the area related to the Tar Creek Superfund Site. In 2005, LEAD conducted a survey of 562 homes in six towns to determine the health issues affecting the communities near the Tar Creek Su- perfund Site area. The result was a top ten list of prevailing illnesses that looked very different from the state’s health reports. We continue to press forward to expose the severe health effects from metals pollution. I am currently helping to build a coalition of the ten Tribes, two EPA Regions, the environmental agencies of three states and the U.S. Fish & Wildlife
Service in the two regions that operate in the upper G rand R iverkeeper Grand River watershed to address this heavy metal Town of Picher, Oklahoma, pollution. EPA has released its proposed remedy Quality to adopt stricter regulations for mercury sits surrounded by chat piles in the epicenter of the Tar for the Tar Creek Superfund Site, a 20 year plan to contamination from coal-fired power plants. The Creek Superfund Site. remove chat piles and settlement ponds. Over the federal Clean Air Mercury Rule would “force” the next five to 10 years, heavy metals will no longer coal-fired plants to reduce mercury emissions 70 travel to and settle into Grand Lake. percent, but won’t take effect for 20 years — until We also are working statewide with coalitions to 2027. But our streams are already polluted and the force the Oklahoma Department of Environmental fish unsafe to eat. For Tribal and low-income peo- Grand Riverkeeper Earl ple who hunt and gather for additional protein, the Hatley is Cherokee/ recommended fish consumption amounts to geno- Delaware and belongs cide, or more properly, ecocide. The state is now to the Cherokee Long considering, after much public pressure, a stricter Hair Clan. Since 1990 rule than federal EPA’s weak proposal. Working as he has been a full-time part of a broad grassroots effort Grand Riverkeeper community organizer, has helped stop two new permit proposals for large serving as a Regional coal-fired power plants in the watershed. However, Organizer for the National the Grand River Dam Authority, a state agency that Toxics Campaign and manages the hydro dams on the Grand River sys- participating in the tem, is also proposing a new coal-fired plant in the 1991 Washington, D.C., watershed. Since the Dam Authority does not have and 1992 New Orleans to have public comment hearings or a permit, this meetings that marked the plant will be hard to fight. creation and launch of Industrial poultry factories are another issue the Environmental Justice of great concern. Streams that were once so clear Movement. you could see the different colors of all the rocks on the bottom are now so green that you cannot see the bottom. Missouri’s poultry industry and inadequately treated wastewater discharges from municipalities in Kansas are turning the Neosho River and Grand Lake into a toilet bowl. One of my heroes, Woody Guthrie, told the story about arriving in one of the Okie dust bowl refugee camps in California. A family took him in and offered him some soup they were having for supper. They only had one potato left and a lot of people to feed, so they cooked it up in a pot, large enough so that everyone got a bowl of the soup.
Woody said, “Why, that soup was so thin, I believe G rand R iverkeeper Tar Creek flows toxic orange even a senator could see through it.” Well someday, Co-founders of LEAD, Earl with acid mine drainage. our watershed might be so green, even a senator Hatley and Rebecca Jim.
AP P hoto /Su e O grocki can notice it. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 43 Environmental Justice East is West
By Fred Tutman, »Early in my tenure as Patuxent Riverkeeper, an mental self-interest offers lots of rich opportunities Patuxent Riverkeeper elected official asked me what I thought I could for agreement. bring to the job as a “black” Patuxent Riverkeeper. A survey of 350 African American respondents My first reaction was a sarcastic retort that there conducted in Maryland a couple of years ago found was no such place as the “Black Patuxent” and that evidence that African Americans share many com- I would be the Riverkeeper for the whole Patuxent. mon values about the environment with their white But in the years since then I have had occasion to counterparts. The survey, which was funded by wonder if perhaps I was not a bit naïve about the Maryland Sea Grant, reviewed issues like recycling, role race plays in shaping environmental agendas. attitudes toward the Chesapeake Bay and preserva- Some years ago a friend of mine produced a tele- tion. The survey reflected very high levels of support vision documentary about the gulf between blacks among African Americans for preservation on the and whites who live in the same communities, but basis of stewardship and connectivity to nature. But who experience very different living conditions and the study noted that in spite of our common values, opportunities. The project was called “East is East we get very different information. This information and West is West.” disparity produces a different sense of significance Well meaning people have asked me earnestly and stewardship over the problems facing our envi- how we might get more people of color involved ronment. Just maybe the divisions between us are in the mainstream environmental movement. not actual differences in attitudes and philosophies, They observe that their just perceived ones based on how we fit into society efforts to engage the and how we are perceived. underserved have been When traditional environmentalists and com- unrequited or rebuffed. munity members get together, they can have Some have the troubling vastly different perspectives on the same problem, sense that, in spite of regardless of their shared values. For example, a best efforts to reach out woman who works for a Land Trust vented her to minorities, the envi- frustration to me over being unable to get neigh- ronmental movement borhood buy-in from an inner city African-Amer- might consequently ican community to convert a former industrial site appear racist or insen- into a park. As we further explored the topic of sitive. Because race is a the “brownfield” park, we came to understand that divisive subject, many it might be unappealing for the community to fix have been reluctant to up an abandoned industrial site into a park when discuss it openly. This citizens just a few miles away in affluent suburban
sensitivity has made Columbia, Maryland, have prime “green space” re-
iverkeeper R ent ux at P discussion about race served for their use and enjoyment. This kind of almost taboo. But en- misunderstanding drives mistrust and frustration. Paddling is vironmental injustice needs to be addressed openly But community members are the experts about for everyone. and squarely if we are to meet the promise of a so- their own neighborhoods. Community members ciety that provides equality for all. are well aware of disparities and history that sim- Part of a Riverkeeper’s job is not just acting (ad- ply must be part of any environmental action or vocating), but also listening. Frequently I hear both solution. It is the least empowered members who blacks and whites discussing environmental issues inherit the largest share of the costs of bad envi- in different quadrants of my watershed, but these ronment policies. To raise the level of environ- discussions are heavily influenced by race and so- mental justice in our communities, we must raise cial status. The irony is that water and air quality the degree of social justice. offer a much greater potential for consensus build- The commonly held notion that minorities ing than perhaps any other subject. People divided are disinclined to work on environmental issues by vast gulfs in partisan politics may never agree on is laughable to most people of color that I know. broader public policy, but the primacy of environ- Many African Americans I encounter are passion-
44 Waterkeeper Magazine Winter 2008 www.waterkeeper.org The commonly held notion that minorities are disinclined to work on environmental issues is laughable to most people of color that I know. ux ent R iverkeeper P at
Patuxent Riverkeeper Fred ately engaged in their communities at many levels. expression of issues of common concern doesn’t Tutman's (right) Roughnecks are a volunteer work crew There are certainly others who are as disconnected match the phraseology of our campaign that their who tackle human and fish from land, place and the environment as anyone issues are any less legitimate. Actually, we are blockages in the Middle can possibly be. Of course at the end of the day, far more likely to fight for issues brought to our to Upper Patuxent River. we are all much more complex and nuanced than attention by those communities or individuals The team is dedicated to improving fish passage, just the color of our skin or the sum of our bank without a champion than to join forces with those paddle navigability and accounts. There is no way to generalize what a communities that are already empowered. We establishing land trails that person’s viewpoint or beliefs are based on such su- are steadfast in our belief that environmental is- serve the Patuxent Greenway perficial indicators. But the role that race and class sues and social justice are closely intertwined and and the preserved space in the play in shaping environmental disparities cannot that we have not fixed the problem or addressed region. The teams visit remote stretches of the river and use be ignored. Our standing in society absolutely in- an issue unless the underlying disparity has been minimum impact techniques fluences our access to information, empowerment, resolved. The plight of poor, minorities and other to achieve their goals. justice and a clean environment. underserved people is very much at the root of At Patuxent Riverkeeper we operate with some our vision for a sustainable watershed. basic assumptions about our work and the local I believe that Waterkeepers, with their strong environmental justice aspects of it. As much as community base and understanding of the impor- we are called upon to teach or preach about what tance of fair and equal access to the rule of law, we do and the “gospel” of clean water, we try just have the ability to use the environment as a means as hard to listen and learn from every community of healing the wounds of a divided society. Water- we serve. We don’t presume to “educate” people keepers are especially well positioned to link social on issues that they know far better than we do. and environmental issues and raise the level of jus- We don’t assume that because their framing or tice in our watersheds: to connect east to west. w
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 45 Environmental Justice AP P hoto /R ic F eld Talking Robert D. Bullard, often described as the father of environmental justice. He is the Ware Distinguished Professor of Sociology and Director of the Environmental Environmental Justice Resource Center at Clark Atlanta University www. ejrc.cau.edu Justice Dr. Robert D. Bullard
46 Waterkeeper Magazine Winter 2008 www.waterkeeper.org W: Dr. Bullard, you’ve been at the center was to enforce the Civil Rights Act. Every for an academic report to be issued by a of the Environmental Justice Movement one of the city-owned landfills in Hous- religious institution? since its beginning. What is the ultimate ton was located in a predominantly black goal of the movement? neighborhood. But we also approached RB: It was unprecedented to have a the major environmental groups asking church-based civil rights organization RB: Our goal is to eliminate manmade for help. We showed them these statistics. publish a very sophisticated statistical potential disasters and integrate justice What we heard back from them — I don’t report. It came out of demonstrations into all aspects of our society — whether want to call any names. against a proposed landfill in Warren it’s housing, transportation, types of in- County, NC, in 1982. The landfill, slated dustries we develop, foods we grow, how W: We’re Waterkeeper; we like to name for a low-income predominantly Afri- we manage our waste and how we live. names. can-American county, was to be used No community should become a dump- for the disposal of PCB contaminated ing ground. Every American has a right RB: Yes, I know. solid waste. More than 500 people were to breathe clean air, drink clean water, to arrested in civil disobedience; it was the play outside on playgrounds that are not W: Even if it’s us. first national rallying cry for the Environ- contaminated or built on top of a dump. mental Justice Movement. All our neighborhoods should be places RB: These were the old-guard; they didn’t In 1983 a U.S. General Accounting Of- where you don’t have to worry about a see anything wrong with it. “Aren’t the fice report showed that three out of four chemical plant exploding and having to landfills supposed to be in black neigh- of the hazardous waste landfills in the shelter in place or evacuate. borhoods?” We went to the civil rights South were located in predominantly groups, too; you know all their initials. black neighborhoods. Reverend Dr. Ben- W: What first opened your eyes to envi- “We do housing discrimination, employ- jamin Chavis, who headed up the United ronmental justice, what got you started? ment, voter rights, education, but we Church of Christ’s Commission for Racial don’t do environment.” Justice, decided to do a national study to RB: I was drafted. I had graduated from We fell into this gap between the En- find out if the pattern held across the U.S. Iowa State University and was working as vironmental Movement and the Civil The 1987 report,Toxic Wastes and Race in an assistant professor at Texas Southern Rights Movement, so we didn’t get any the United States, documented how this University. It was 1978 and my wife, who’s help. But fast forward almost 30 years and was a national phenomenon. The report a lawyer, asked me to work on a case with it’s a little bit different now. used a multiple regression analysis to her on the siting of a municipal landfill. I show that race — not income, not land collected data and served as an expert wit- W: It seems the churches were the first to values — was the most potent factor for ness, and have been doing it ever since. get involved? predicting where hazardous waste facili- ties were located. W: Was there an Environmental Justice RB: Yes, and I think that’s no accident. Movement in 1978? Churches have some degree of autonomy W: It seems that what followed was a tid- because they are not so dependant on gov- al wave of research that supported your RB: No, in 1978 there was no environ- ernment funds that they can’t challenge the conclusions. mental justice movement, no computer- government or speak out against racism. ized databases to inventory solid waste So faith-based organizations began work- RB: Report after report came out showing facilities, there was nothing. I taught a ing on this issue, talking about stewardship that the United Church of Christ report research methods class in the Sociol- and the fact that we have a responsibility to was scientifically reliable, valid and accu- ogy Department and I had ten graduate nature and to preserve something for our rate. It was not some report made up by students. We invented a methodology children, and our children’s children. some radical sociologists. for locating landfills and overlaying race, Another thing, it’s no accident that the Shortly after that Reverend Chavis and ethnicity and income data. We did it all issue came out of historically black col- United Church of Christ decided that we manually. We stuck color-coded pins in leges and universities. Texas Southern needed to have a big conference. That’s maps. This was the first lawsuit charging University is a black university. And when how about seven of us began planning environmental discrimination using the communities looked around for help, they the first National People of Color Envi- Civil Rights Act — Bean v. Southwestern came to us. Today there are four environ- ronmental Leadership Summit held in Waste Management, Inc. ment justice centers at historically black Washington, DC in 1991. We planned it colleges and universities across the nation. for 300 people but more than 1,000 came W: Obviously there’s a strong connection Later on civil rights and environmental from every state and at least a dozen between this work and the Civil Rights organizations joined in. It just took us a countries. and Environmental Movements. Did you while to get others to understand this is as During the last day of the summit we reach out to make those connections? a basic human rights issue. adopted the 17 Principles of Environmen- tal Justice. The principles set the stage for RB: At the time we saw it as a case of dis- W: How did the 1987 United Church of expanding the movement beyond U.S. crimination, and the way to address it Christ report come about? Isn’t it unusual borders. In 1992, when the Earth Sum- www.waterkeeper.org Winter 2008 Waterkeeper Magazine 47 Environmental Justice
mit was held in Rio de Janeiro, I met RB: Yes, they were! We met with CEQ Brazilian environmental justice organiz- and William Riley at EPA. Riley agreed to ers who were passing out the principles conduct an Environmental Equity Work in Portuguese. There was an aboriginal Group, which produced in 1992 a report woman there from Australia who had a called Reducing Risks for All Communi- We all drink the copy of the principles. In one year those ties. For the first time EPA acknowledged same water. There’s principles had been translated and were that there were environmental disparities being used as organizing tools around the by race and ethnicity. no Latino air, no world. At the United Nations’ 2001 World When the Bush administration left black air, no white Conference Against Racism and the 2002 and the Clinton administration came in, World Summit on Sustainable Develop- Reverend Chavis and I were appointed air. When we talk ment, environmental justice was a key to Clinton’s transition team for the en- about resolving issue. Today environmental justice is an vironmental cluster — the Departments important component of any discussion of Energy, Agriculture, Interior and EPA. these problems we of sustainability, poverty, development is- We helped grassroots groups develop a have to talk about sues, even climate. position paper on environmental justice, coordinated by Deeohn Ferris, for the bringing everyone W: I know you’re going to be modest, but Clinton-Gore Transition Team. We were together. my understanding is that you actually able to push some of the specific recom- coined the phrases environmental justice mendations from that paper to the ad- and environmental racism. Is that true? ministration — one was that we wanted an Executive Order on Environmental RB: Reverend Chavis coined the term en- Justice. We wanted the EPA Office on En- vironmental racism, and environmental vironmental Equity to be elevated to an justice came out of some of the writing Office of Environmental Justice and fully that I had done. But I don’t take credit for funded and staffed. We wanted people of it. At first some people were wary of using color leading the federal environmental the terms. Government people used the agencies. (We succeeded with the Sec- term environmental equity. The term en- retaries of Agriculture and Energy.) We vironmental equity was troubling because wanted EPA elevated to a cabinet level we were not talking about spreading the agency and we wanted a permanent com- poisons and the problems equally — it is mittee set up under the Federal Advisory not ‘equity’ we want, we want justice. Committee Act [the National Environ- mental Justice Advisory Committee]. We W: So in the early 1990s there was a flurry got a number of these things put in place. of activity, ultimately leading up to Clin- But the environmental justice initiatives ton’s Executive Order on environmental in the federal government actually started justice. But why was it an Executive Order under William Riley and the Republicans; and not a law? Clinton expanded them.
RB: We had this great conference of aca- W: In 2001 we lost the ability to bring en- demics and grassroots activists at the vironmental justice cases under the Civil University of Michigan that was orga- Rights Act. What happened? nized by Bunyan Bryant and Paul Mohai Professor Bullard is a primary author of called the Race and the Incidence of Envi- RB: In the Alexander v. Sandoval deci- the 2007 United Church of Christ “Toxic ronmental Hazards Conference. We fol- sion, the U.S. Supreme Court ruled that Wastes and Race at Twenty” report, along lowed up the conference by writing let- you have to prove intentional discrimina- with fourteen other books. His book ters to EPA Administrator William Riley, tion, not just a history and a pattern of Dumping in Dixie (Westview Press, 2000) Health and Human Services Secretary disparate impacts. So the court moved is a standard text in the environmental Louis Sullivan and White House Council from having an ‘effect’ test to an ‘intent’ justice field. on Environmental Quality Director Mi- test to prove a civil rights violation. That chael Deland. decision also took away the right of citi- zens to sue. Proving intentional discrimi- W: It’s funny, it sounds like such a group nation is very difficult. There are very few of decent guys, considering the present cases where you can find hard evidence to situation. show that something is done intentionally because of race. But it’s not impossible.
48 Waterkeeper Magazine Winter 2008 www.waterkeeper.org W: What is the Environmental Justice Act hyde. I think Katrina lifted the veil, uncov- RB: Twenty years ago we challenged the of 2007, the bill introduced in the U.S. ering so much that is hard to deny. mainstream environmental groups on House by Representative Hilda Solis? Will their paternalism, their elitism and rac- it fix this problem? W: You detail Katrina and the Dickson ism, we really hit some nerves. Many of County case in the Toxic Waste at Twenty those groups saw themselves as some RB: It does not fix the Civil Rights Act, but report, which you released in March 2007. of the most progressive groups in the it does codify Clinton’s Environmental country. But if you looked at their staff, Justice Executive Order into law. The Ex- RB: We were asked by the United Church boards and agendas, it was very homo- ecutive Order is built on the Civil Rights of Christ to do a new study on the 20th geneous. Today, we’ve made progress, Act of 1964, which bars the use of federal Anniversary of the 1987 study. We put to- but we still have a long way to go. If funds to discriminate, and the National gether a team of some of the top research- these national groups really want to Environmental Policy Act of 1969 that ers in the nation. We expanded the report remain national, and many of them are requires impact assessment to be done using the new data and more sophisticat- international, they will need to look at on major projects. When you combine ed statistical techniques. What we found how the demographics of this county those two laws you have a pretty good was that race is still the most potent vari- have changed. By the year 2050, this shot at addressing many environmental able for predicting where these facilities county will have a majority people of justice issues. But there is nothing in an are located. color. Nationally and internationally, it Executive Order that requires agencies to We also found that people of color are makes good sense to have some reflec- enforce these two laws in combination; more concentrated around these facilities tion of reality. it’s all voluntary. President Bush did not today than they were 20 years ago. The The environmental justice movement rescind Clinton’s Executive Order, but the majority of people living within a two mile is grounded in a grassroots, community federal government simply ignores it. As radius of commercial hazardous waste activism model. One of the 17 Principles a law, states and federal agencies will have facilities in America are people of color of Environmental Justice is that commu- to live up to the requirements, they would (56 percent, up from 33 percent in 1987). nities speak for themselves. When we did no longer be at the whim of the White When you look at clustering of two or our summit in 1991 we said that we did House. That legislation is moving. more facilities, the number is even more not want to replicate the white environ- There is also some movement in Con- staggering. People of color make up only mental organizations, we did not want to gress to fix the Civil Rights Act, and at- about a third of the U.S. population, yet create little black Greenpeaces, or little tempts to reinstate the Toxics Release almost 70 percent of people living within brown NRDCs or red National Wildlife Inventory — which has been stripped by a two mile radius of clustered hazardous Foundations. We wanted to create our this administration. Many of the gains facilities are people of color. This cannot own institutions, build capacity and to that were made have been rolled back. be due to chance. develop our own indigenous leadership. But with the new Congress many people We profiled the Dickson County, Ten- We had to concentrate on lifting up our are saying that it is time to strengthen and nessee, case, a poster child for environ- own organizations and our own leaders so enforce existing laws. We have some very mental racism, because of the multiple we could be in the room and speak at the good environmental laws, but they are “smoking guns,” government memos that same table on the same page. not being enforced. Especially if you live documented intentional discrimination Our movement has matured and on the wrong side of the tracks. against an African American family whose broadened well beyond just landfills and wells were contaminated with trichloro- toxics — these things are still very impor- W: I think that most Waterkeepers, in the ethylene (TCE), a suspected human car- tant — but as we move our movement U.S. or around the world, would say that cinogen, from the nearby county landfill. to be inclusive and comprehensive, we often what’s written in the books looks White families received written notices have to deal with housing, transporta- good from an academic standpoint, but warning them about the harmful effect of tion, land use planning, air quality and enforcement is always key. TCE in their water, provided bottle water, water quality. We all drink the same wa- and placed on city water system. On the ter. There’s no Latino air, no black air, no RB: Katrina really pushed environmental other hand, a black family received written white air. When we talk about resolving justice back on the radar. People could see notices saying their well water contained these problems we have to talk about in living color many of the issues relating TCE, but the water was safe to drink and bringing everyone together. That’s how to government inaction and incompetence. would not cause any harmful health ef- the environmental justice movement has EPA, Army Corps and state agencies failed fects. Clearly, TCE does not discriminate. been able to expand and broaden, but it to respond to the emergency. And then Unfortunately, governments do. has to broaden further, to continue to they failed to address the environmental be the conscience of the environmental crisis; cleaning up spills and contaminated W: One of the main purposes of the Toxic movement and to protect everyone, not soils in schools and homes, addressing wa- Waste report was to engage the mainstream just those communities that have been ter quality and drinking water issues, and environmental movement. Where are things systematically left behind. w putting people in trailers with formalde- today in this effort?
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 49 Environmental Justice
Hann Baykeeper Africa’s First Waterkeeper
By/Par Malick Sene, »Along the Atlantic coast of Africa, near Senegal’s manufacturer Carnaud regularly dumped waste- Hann Baykeeper capital city of Dakar, lies Hann Bay. Twenty-five water into the bay. Fishermen started complaining International years ago Hann Bay was one of the most sumptu- to the government that they had to go further and Coordinator ous bays in the world. It is here that tropical ocean further offshore for their daily catch. The govern- currents from the north and cool ocean currents ment made small concessions to these fishermen, from the south converge, providing a rich fishery of extending their fishing range, saying they could tilapia and grouper, which migrate along the bay’s do nothing else. They never admitted that the real mud-sand bottoms before they reach our plates, problem was pollution. By the early 1990s, villag- bringing us together for our daily lunch. ers, fishermen sailors and community organiza- Communities of traditional fishermen regarded tions began to see that their bay was suffering seri- Hann Bay as Mame Coumba Bang, the goddess of ous pollution. The quality of the fish had declined the sea. Before going out to sea for their daily catch dramatically and disease vectors like flies and mos- they decorated their boats with writings and draw- quitoes covered the water’s surface. People were ings for Mame Coumba Bang, to protect them from getting sick. The bay had reached a breaking point danger and to receive the daily blessing of catching and no one, not the government nor the companies a fish to feed their family. The community stayed responsible, was willing to deal with the pollution. alive, stayed healthy, because of a culture that was That’s when our organization, ASC Yarakh, spiritual, sustainable and equitable. stepped in. Since the early 1980s, ASC Yarakh has In the 1980s, villagers noticed that their bay was served as a sports and culture organization for the becoming increasingly polluted because of the lack people of Hann Village, organizing soccer games, of sewage infrastructure and untreated wastewater beach wrestling and traditional boat racings from industry. The City of Dakar and new, multi- around Hann Bay. We organized ethnic and reli- national industries like Mobil and the French box- gious ceremonies like drum celebrations that kept
Hann Baykeeper Premier Waterkeeper d’Afrique
»La baie de Hann est située sur la côte Atlan- gers de la mer et recevoir la bénédiction journa- tique de l’Afrique, à proximité de Dakar, capitale lière d’une bonne pêche suffisante à nourrir leur du Sénégal. Il y a vingt-cinq ans, la baie de Hann famille. La communauté demeurait vivante et saine figurait parmi les plus magnifiques du monde. en raison d’une culture qui était spirituelle, durable C’est le point de convergence des courants marins et juste. tropicaux du nord et des courants marins froids Au cours des années 80, les villageois ont remar- du sud et l’on y trouve le tilapia et le mérou en qué que leur baie devenait de plus en plus polluée grande abondance, poissons qui migrent le long en raison du manque d’infrastructure d’égouts et des fonds sablonneux et boueux de la baie avant des eaux usées non traitées provenant de l’indus- de finir dans nos assiettes, nous réunissant autour trie. La ville de Dakar aussi bien que de nouvelles du déjeuner quotidien. industries multinationales telles que Mobile Oil et Les communautés de pêcheurs traditionnels le fabricant français de boîtes dénommé Carnaud considéraient la baie de Hann comme Mame jetaient régulièrement leurs eaux usées dans la baie. Coumba Bang, le déesse de la mer. Chaque jour, Les pêcheurs ont commencé à se plaindre auprès avant de partir pour pêcher en mer, ils décoraient du gouvernement qu’ils devaient aller de plus en leurs bateaux d’écrits et de dessins pour Mame plus au large pour pêcher. Le gouvernement a fait Coumba Bang, pour être protégés contre les dan- des petites concessions pour ces pêcheurs, étendant
50 Waterkeeper Magazine Winter 2008 www.waterkeeper.org www.waterkeeper.org spor saison la de terme Au culture. notre naient soute- et unie communauté notre gardaient qui tambour de célébrations des que telles religieuses et ethniques cérémonies des organisé avons Nous Hann. de baie la de autour traditionnels bateaux de courses des et plage la sur lutte de épreuves des football, de jeux des organisant Hann, de du village population la pour culturelle et sportive tion d’organisarôle - un joué Yarakha ASC 80, années des début le Depuis intervenue. est organisation n’était disposé à aborder la pollution. gouvernementleentreprises nilesresponsables, ni personne, et rupture de point unatteint avait baie surfacela del’eau. gensLes devenaient La malades. couvraient moustiques, et mouches que tels dies, - mala de vecteurs des et considérablement chuté problème de pollution. La qualité des poissons avait com- ont mencé à constater que leur communautaires baie souffrait d’ungrave organisations des et pêcheurs marins des villageois, des 90, années des début Au problème. du même racine la était tion - pollu la que reconnu n’ont jamais Ils d’autre. faire leur zone de pêche mais disant qu’il ne pouvait rien © Philippe Lissac /Godong/Corbis C’est à ce moment que, ASC Yarakh, notre notre Yarakh, ASC que, moment ce à C’est - de la ville de protéger la santé de la population, et et population, la de santé la protéger de ville la de responsabilité la de sujet au maire son et Dakar de ville la confronté avons Nous voix. la élever à sité Dakar,de ville n’avons la nous et et Oil bile hé- pas d’agir. volonté la vez aussifrappe profondément à l’intérieur, vous trou- vous chose quelque Lorsque estomacs. nos et tes assiet nos dans retrouvait se baie la pollué avait qui pollution même La pétrole. le que sentait ne on une mijoteuse, cocotte dans une heure pendant poisson le bouillir fait avoir après Même pétrole. de odeur une avait poisson le : troublant de chose quelque remarqué avons nous poisson, de et riz de d’un plat autour réunissant nous en Sénégal, au déjeuner du moment Au 90. années des cours pollution au la par front plein de atteints été avons nous lorsque transformer se à commencé a sion mis Notre plage. la de nettoyage le et ronnement l’éducationd’envimatièreque en ainsi paludisme - du et SIDA du prévention la femmes, des litation l’habi- que tels communautaires programmes des vers énergie leur dirigeaient organisation notre de bénévoles les et nombreux peu personnel le tive, ASC Yarakh l’œilgarder ASC commencéà a Mo- sur
Winter 2008 Waterkeeper Magazine - - 51 Environmental Justice
our community together and our culture vibrant. raise our voice. We confronted city officials and the When the sports season ended, our organization’s mayor about the city’s responsibility to protect the small staff and volunteers channeled their energy health of the people, and watched Mobil as it start- towards community-based programs like women’s ed pumping money into the community; handing empowerment, AIDS and malaria prevention, and out jobs, funding soccer teams and giving money to environmental education and beach cleanups. But local leaders to keep quiet about the pollution. This when the pollution hit us strong in the 1990s, our is when ASC Yarakh began standing out against the mission began to shift. During lunchtime in Sen- rest. We pushed forward with the truth because for egal, when we would gather to enjoy a plate of rice us, the health of the community was inextricably Hann Baykeeper volunteers and fish, we noticed something troubling: the fish linked to the health of the bay. welcome Waterkeeper smelled like petroleum. Even after boiling the fish In 1995, I moved to Canada and began volun- Alliance staff member. From left to right: Maodo Dieng, for an hour in a slow cooker, all we would smell was teering with Petitcodiac Riverkeeper, in Moncton, Mouhamadou Diol (Hann petroleum. The same pollution that had polluted New Brunswick. There I learned the real meaning Baykeeper), Matar Diop, the bay had reached our plates and our stomachs. of advocacy. I watched Petitcodiac Riverkeeper as Serigne Ndoye, Marc Yaggi When something hits you that deep inside, you they applied constant pressure through meetings, (Waterkeeper Alliance), Anna Diallo, Malick Sene (author), somehow generate the willpower to act. through lawsuits, through direct action, to see a Mor Mbaye, Pape Diop and ASC Yarakh began to keep an eye on Mobil victory for the river through to its end. I also saw Leyti Kane. and the City of Dakar, and we did not hesitate to the strength Petitcodiac Riverkeeper received from Waterkeeper Alliance and the network of clean water advocates that supported them. It was almost a decade later, when Michel LeBlanc-DesNeiges of Petitcodiac Riverkeeper, encouraged ASC Yarakh to apply to Waterkeeper Alliance to protect the waters of Hann Bay. We submitted a proposal in 2005 and soon enough, Hann Baykeeper became the first African - or ganization to join Waterkeeper Alliance. Today, Hann Baykeeper is a strong orga- nization that works side by side with ASC Yarakh, under the leadership of Hann
J’ai examiné ce mouvement, Petitcodiac Riverkeeper, alors qu’il exerçait une pres- sion constante par le biais de rencontres, de procédures judiciaires, d’action di- recte pour s’assurer d’une victoire pour la rivière. J’ai également constaté la force que Petitcodiac Riverkeeper tirait de l’Alliance Waterkeeper et du réseau de
défenseurs de l’eau propre qui les sou-
aykeeper B ann H tenait. Près de dix ans plus tard, Michel LeBlanc-DesNeiges, directeur exécutif nous avons surveillé Mobile Oil alors qu’elle com- de Petitcodiac Riverkeeper, a encouragé ASC Ya- mençait à pomper de l’argent dans la collectivité, rakh à se tourner vers l’Alliance Waterkeeper pour offrant des emplois, subventionnant des équipes de protéger les eaux de la baie de Hann. Nous avons football et donnant de l’argent aux leaders locaux présenté une proposition en 2005 et, peu de temps pour garder le silence au sujet de la pollution. C’est après, Hann Baykeeper est devenu la première or- alors qu’ASC Yarakh a commencé à se démarquer ganisation africaine à joindre les rangs de l’Alliance de la foule. Nous avons disséminé la vérité parce Waterkeeper. À l’heure actuelle, Hann Baykeeper que, pour nous, la santé de la communauté était est une organisation forte qui travaille en parallèle étroitement liée à la santé de la baie. avec ASC Yarakh, sous la direction du directeur En 1995, je me suis transféré au Canada et j’ai exécutif Mbacke Seck et de Mouhamadou Diol de commencé à faire du bénévolat auprès de Petitco- Hann Baykeeper. diac Riverkeeper, à Moncton (Nouveau-Brunswick). Nous avons été approchés par des organisations C’est là que j’ai appris le sens véritable du plaidoyer. internationales dans le passé, mais nous avons re-
52 Waterkeeper Magazine Winter 2008 www.waterkeeper.org Baykeeper Mouhamadou Diol and Executive Di- lution came from the dilapidated sewage system rector Mbacke Seck. dumping raw sewage into the bay. For years upon From the beginning, I noticed something very years, volunteers from ASC Yarakh pressured different about Waterkeeper Alliance. They always the City of Dakar to fix the plant, with little suc- put the community first. Before we officially joined cess. Repeatedly, the City of Dakar complained the Alliance, staff members Marc Yaggi and Thom that they did not have the budget to fix the plant, Byrne came to Africa to visit us. No one from Hann that there was nothing they could do. Since Hann Village had ever seen an international organization Baykeeper was founded, the City of Dakar has walking the streets, talking to people and putting changed its policy. Earlier, the mayor never felt the community first, even before the Ministry of like anyone presented a serious challenge to him. the Environment and the government. For us, this But now, since the Hann Baykeeper was formed, was amazing. The other thing is that, in the past, he has witnessed how far our advocacy for a clean international organizations have come to us with Hann Bay has reached. He has seen Hann Bay- Hann Baykeeper Executive donations, but few have offered us tools and the keeper touring the country, going internationally Director Mbacke Seck at the San Francisco Waterkeeper communication to make us stronger. Waterkeeper to Waterkeeper’s annual conference, and gaining Conference in 2006. Alliance has given us access to an international the tools necessary to present a serious challenge network of advocates facing circumstances just like to governmental and industrial apathy. They know we face in Africa. We now have access to people that we are gaining the tools necessary for a clean who have worked on these issues for decades and Hann Bay, and that if the city of fails to stop pol- through some of the hardest battles. And what we lution, we are willing to force legal action for the value most about Waterkeeper Alliance is that, it health of our citizens and our bay. all comes down to empowerment. What we need And more importantly, these victories for most is not money or sponsorship. It is organiza- the bay have won Hann Baykeeper the support tions from around the world behind you telling of the community. Because of our commitment you, “We are here to support you.” to the bay, our executive director of Baykeeper, Since joining Waterkeeper Alliance we have al- Mbacke Seck is on his way to represent the bay ready seen the power of this international move- and the community nationally. Mbacke joined a ment translate into a cleaner, healthier bay. For newly formed party called Rewmi to represent decades, the City of Dakar operated an old, failing the community and the bay in the Parliament sewage treatment plant on Hann Bay. This pollu- of Senegal as the Deputy of Hann Village. In the tion was not minor; 50 percent of the bay’s pol- last election cycle, out of the 14 parties that ran
marqué quelque chose de très différent au sujet de teur dont nous avons le plus besoin. C’est d’avoir l’Alliance Waterkeeper. Ils font toujours passer les plus de 172 organisations de tous les coins du mon- intérêts de la communauté au premier rang. Avant de derrière vous qui vous disent « Nous sommes ici que nous joignions officiellement les rangs de l’Al- pour vous soutenir.». C’est le travail d’habilitation liance, Marc Yaggi et Thom Byrne, membres du que fait l’Alliance Waterkeeper. personnel de l’Alliance Waterkeeper, sont venus Depuis que nous nous sommes joints à l’Alliance nous rendre visite en Afrique. Aucun habitant du Waterkeeper, nous avons déjà vu l’autorité de ce village de Hann n’avait jamais vu une organisa- mouvement international se traduire en une baie tion internationale faire partie de la communauté, plus propre et plus saine. Pendant des années, la marcher dans les rues, parler aux gens et mettre ville de Dakar a exploité une vieille usine défaillan- la communauté au premier rang, même avant le te de traitement des eaux usées sur la baie de Hann. Ministère de l’environnement et le gouvernement. Cette pollution n’était pas négligeable ; la moitié de Nous étions stupéfaits. En outre, dans le passé, les la pollution de la baie provenait du système dilapi- organisations internationales nous donnaient de dé d’eaux usées qui déversait des eaux non traitées l’argent, mais peu nous ont offert des outils et les dans la baie. Année après année, des bénévoles de moyens de communication pour nous renforcer. ASC Yarakh ont fait pression sur la ville de Dakar L’Alliance Waterkeeper nous a donné accès à un pour remettre l’usine en état, sans grand succès. À réseau international de défenseurs confrontés à des maintes reprises, la ville de Dakar s’est plainte que circonstances comme les nôtres en Afrique. Nous son budget ne lui permettait pas de réparer l’usine avons maintenant accès à des gens qui ont travaillé et qu’elle ne pouvait rien faire. Or, la ville de Dakar sur ces questions pendant des décennies et livré a modifié sa politique depuis la fondation de Hann de dures batailles. Ce que nous apprécions le plus Baykeeper. Auparavant, le maire ne se sentait jamais de l’Alliance Waterkeeper, c’est que tout passe par confronté à un véritable défi. Cependant, depuis la l’habilitation. Ce n’est pas d’argent ou d’un promo- constitution de Hann Baykeeper, il a pu constater www.waterkeeper.org Winter 2008 Waterkeeper Magazine 53 Environmental Justice
With this much progress and the A fisherman paddles strength of the in Hann Bay.
Waterkeeper H ann B aykeeper movement for the position, Mbacke’s party, Rewmi, came alive and vibrant, and that our fishermen will hold behind us, it in second. This was unbelievable for us. -Unfor onto their culture that has sustained our bay and is our deepest tunately, the election was canceled because of a our villages for centuries. It is our hope that our nationwide boycott that was beyond our control. communities continue to come together for our hope that But Mbacke’s popularity amongst the community bay, so they do not need to beg for jobs from the we will be a is a clear message that our community supports industries that are destroying our bay and our cul- us, and wants us to represent environmental is- ture. We want to see the pollution end and the pol- sustainable sues nationally. luters held responsible for using our bay as their community With this much progress and the strength of the personal dumping grounds. And most of all, we Waterkeeper movement behind us, it is our deep- look forward to the day when we can turn on the once again. est hope that we will be a sustainable community slow cooker, sit down, and enjoy a plate of steamy once again. We hope that our communities will be rice and fish, together at the table again.w
l’impact de notre plaidoyer en faveur d’une baie de reusement, été annulée en raison d’un boycottage Hann propre. Il a vu Hann Baykeeper faire le tour national échappant à notre contrôle. Cependant, la Avec un tel du pays, faire son entrée sur la scène internationale popularité de Mbacke au sein de la communauté progrès et pour assister à la conférence annuelle de Water- signifie clairement que notre communauté nous keeper et se doter des moyens nécessaires pour appuie et veut que nous défendions les questions la force du défier l’apathie du gouvernement et de l’industrie. de l’environnement à l’échelon national. mouvement Ils savent que nous obtenons les outils nécessaires Avec un tel progrès et la force du mouvement Waterkeeper pour une baie de Hann propre et que, si la ville ne Waterkeeper derrière nous, nous espérons sincère- réussit pas à mettre fin à la pollution, nous sommes ment que nous serons, à nouveau, une communau- derrière nous, disposés à saisir les tribunaux pour la santé de nos té durable. Nous espérons que nos communautés nous espérons citoyens et de notre baie. seront vivantes et débordantes d’énergie, et que Encore plus important, ces victoires pour la baie nos pêcheurs pourront préserver leur culture qui a sincèrement ont mérité à Hann Baykeeper l’appui de la commu- soutenu notre baie et nos villages pendant des siè- que nous nauté. Étant donné notre engagement à l’égard de cles. Nous espérons que nos communautés conti- la baie, Mbacke Seck, notre directeur exécutif de nueront à faire alliance pour notre baie, de sorte serons, à Baykeeper est en voie de représenter la baie et la qu’elles n’aient pas à quêter des emplois auprès nouveau, une communauté à l’échelon national. Mbacke a mis d’industries qui détruisent notre baie et notre sur pied un parti dénommé Rewmi pour repré- culture. Nous voulons que cesse la pollution et que communauté senter la communauté et la baie au Parlement du les pollueurs rendent compte de leur usage de no- durable. Sénégal à titre de député du village de Hann. Lors tre baie comme leur dépotoir personnel. Et surtout, de la dernière campagne électorale, sur les 14 partis nous anticipons le jour où nous pourrons mettre en faisant campagne pour la position, Rewmi, le parti marche la cocotte mijoteuse, nous asseoir et jouir de Mbacke, est arrivé au second rang. C’était un d’une assiette de riz vapeur et de poisson, de nou- succès incroyable pour nous. L’élection a, malheu- veau réunis à la table. w
54 Waterkeeper Magazine Winter 2008 www.waterkeeper.org Bird houses built by Turkey Creek youths after Hurricane Katrina with the authentic blue plastic roofs used by FEMA and the Army Corps on homes all over the Gulf Coast.
»the way
Tu rkey C reekkeeper Forward Strong Communities
aterkeepers know that the key to achieving clean water and environmental justice is strong, engaged Wcommunities and outspoken, organized advocacy. The Waterkeeper, Anti-Toxics and Environmental Justice Movements are integral parts of the same human rights struggle for a just and sustainable future.
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 55 Environmental Justice: the way forward A ndy B elone This
MovementBy Steve Fleischli, Waterkeeper Alliance President
»As the Waterkeeper movement — an excitement beyond anything I have Cartagena. Nutrient and other toxic pol- grows we face major cultural differences: ever witnessed. lution are as much a threat to fisheries in language, customs, religion, politics, diet Despite our differences, we come to- Chesapeake Bay and Casco Bay as they — to name but a few. The Waterkeeper gether each year to celebrate our shared are in the Caspian Sea and Hann Bay. And movement is as diverse as our 172 local vision for the future. We share a common mercury from coal-fired power plants Waterkeepers themselves. Yet, our differ- set of values. We support our communi- harms children the same in Beijing, China ences, our diversity, are among our great- ties the same. We believe in the rule of as it does in Vinita, Oklahoma or Walpole est strengths. law and in democratic processes. And we Island, Ontario. Culturally speaking, a local Water- share a commitment to the very basis of all While local problems may vary, the keeper in Alabama can seem as different known life: water. root causes of pollution — ignorance, to a Waterkeeper in New York as a Water- We have come to learn that we also share apathy and greed — tend to be universal. keeper in Bolivia can seem to one in the many of the same environmental problems. So do the solutions — recognition of hu- Czech Republic. This creates challenges The Yamuna River in the heart of Delhi, man rights, enforcement of environmen- for a movement that’s unlike any other India, is so polluted with sewage that it tal rights and the action of an informed in the world. But when our diverse group literally bubbles with methane. Yet, raw and empowered citizenry. gathers together each June for our annual sewage in rivers and lakes is as wrong in Waterkeeper Alliance’s challenge is conference, a collective energy fills the air Delhi as it is in Vancouver, Milwaukee or to help local Waterkeepers combat envi-
56 Waterkeeper Magazine Winter 2008 www.waterkeeper.org Changing Values, acrylic on canvas sand painting by Michael Kabotie
federal statutes allow individuals to file civil “citizen suits” to enforce the law. Unfortunately, some states — and some judges — are less accepting of this notion than others. In Canada, citizens can lay criminal charges for private prosecution of of- fences under the Fisheries Act. In India, a citizen can petition the Supreme Court to enforce the Constitution’s “Right to Life,” which guarantees clean water and air for all. Of course, in all of these contexts, whether relief is granted is a whole other matter. Securing environmental rights is a constant struggle for our movement. In all cases, it is costly to pursue a legal remedy. Polluters know they have an ad- vantage here and they use it to their full advantage. Local Waterkeepers work to- gether to neutralize that advantage. We know that when a local Waterkeeper is denied proper access to the legal or po- litical system, we are all denied that access. When a Waterkeeper is physically threat- ened for speaking out, we are all threat- ened. When the commons are privatized for profit, we all lose something of value. Where a voice is silenced or a dis- ronmental problems, while recognizing ery remote fishing shack, home and res- proportionate burden is borne, we must and embracing the uniqueness of each taurant uses high-efficiency compact flu- all speak out for justice. Where industry community and of each culture. In fact, orescent light bulbs. We could both learn prays upon corrupt government to gain it is this uniqueness — our cultural and from Europe where those same bulbs are an unfair advantage, we must fight back. ecological diversity — that is our great- manufactured with only a fraction of the Where power is abused and tyranny est asset. Recognizing and elevating the amount of toxic mercury. reigns we must all demand change. strength of communities is where we find In Melbourne, Australia, laws have As a movement, we still have long way our greatest success, for it is the people been on the books since the 1980s requir- to go in terms of truly understanding and who live there — who understand their ing dual-flush toilets for new homes — embracing diversity. We can do much own community better than anyone else one button for liquid waste and a more more to appreciate the complexity of the — who will best find the answers. robust flush for solid waste. This water human race and embrace all that our lo- We often say we cannot have strong saving system from the driest continent cal communities offer. We can do more communities without clean water. Simi- on earth would make a lot of sense today to speak out against injustice. We can do larly, we cannot have clean water with- in the southwestern U.S. or in Atlanta, more to empower one another. These are out strong communities — communities where prolonged droughts and misman- our common struggles. in which individuals are empowered to agement of water are a serious threat. What gives me the greatest hope participate in decision making and are al- The City of Moscow, Russia, currently for our future, though, is that all of the lowed to pursue a better life. treats or infiltrates 62 percent of its storm- places mentioned above have local Wa- As a global movement we have an water runoff with a goal of 85 percent by terkeepers working hard in their own enormous opportunity to support and 2010. This far exceeds the performance communities. That local action, and the learn from one another. of any major U.S. city, where stormwater growing network that links local Water- None of us has the golden ticket or a runoff typically is the number one source keepers with others all over the world, silver bullet, but collectively — by sharing of water pollution. is what truly will solve our environmen- the best each community has to offer — Certainly, all solutions are not techno- tal problems. I am honored and excited we can solve environmental problems. logical. Equally important, if not more so, to consider us one big family — coming The U.S. could learn a lot from Baja are those involving access to legal protec- together for clean water and strong com- California Sur, Mexico, where nearly ev- tion. In the U.S., more than two dozen munities everywhere. w www.waterkeeper.org Winter 2008 Waterkeeper Magazine 57 GREENLAND
SWEDEN
ICELAND RUSSIA
FINLAND
NORWAY
ESTONIA
DENMARK LATVIA LITHUANIA
NETH. IRELAND U. K. POLAND BELARUS CANADA GERMANY BELGIUM LUX. CZECH UKRAINE SLOVAKIA KAZAKHSTAN
AUSTRIA HUNGARY MOLDOVA SWITZ. MONGOLIA SLOVENIA ROMANIA Alabama FRANCE ITALY CROATIA YUGOSLAVIA UZBEKISTAN BULGARIA GEORGIA Black Warrior Riverkeeper MACEDONIA KYRGYZSTAN ALBANIA ARMENIA AZERBAIJAN NORTH KOREA PORTUGAL GREECE TURKMENISTAN SPAIN TURKEY TAJIKISTAN Choctawhatchee Riverkeeper U. S. A.
SOUTH KOREA Hurricane Creekkeeper TUNISIA SYRIA CHINA CYPRUS Alaska LEBANON AFGHANISTAN JAPAN MOROCCO ISRAEL Cook Inletkeeper Mobile Baykeeper IRAQ IRAN JORDAN Canary Islands ALGERIA KUWAIT NEPAL PAKISTAN Prince William Soundkeeper BHUTAN WESTERN EGYPT THE BAHAMAS LIBYA QATAR MEXICO SAHARA (occupied by Morocco) U. A. E. TAIWAN CUBA SAUDI ARABIA MYANMAR DOM. REP. LAOS MAURITANIA BANGLADESH New York JAMAICA MALI OMAN BELIZE HAITI NIGER ERITREA YEMEN HONDURAS SENEGAL THAILAND VIETNAM Buffalo Niagara Riverkeeper CHAD INDIA GUATEMALA SUDAN NICARAGUA GAMBIA CAMBODIA PHILIPPINES EL SALVADOR BURKINA FASO Hudson Riverkeeper GUINEA BISSAU NIGERIA DJIBOUTI GUINEA BENIN GHANA SOMALIA Arizona COSTA RICA COTE TOGO SRI LANKA VENEZUELA D'IVOIRE CENTRAL AFRICAN Kansas Lake George Waterkeeper PANAMA SIERRA LEONE ETHIOPIA Black Mesa Waterkeeper GUYANA CAMEROON REPUBLIC BRUNEI FRENCH GUIANA Kansas Riverkeeper SURINAME LIBERIA Peconic Baykeeper COLOMBIA EQUATORIAL GUINEA UGANDA MALAYSIA SAO TOME & PRINCIPE CONGO KENYA ECUADOR GABON DEM. REP. Saranac Waterkeeper OF CONGO RWANDA BURUNDI PAPUA ANGOLA TANZANIA Upper St. Lawrence Riverkeeper PERU INDONESIA NEW GUINEA
EAST TIMOR BRAZIL COMOROS BOLIVIA ZAMBIA California Kentucky MALAWI ANGOLA California Coastkeeper Alliance Kentucky Riverkeeper FIJI Humboldt Baykeeper North Carolina NAMIBIA ZIMBABWE MOZAMBIQUE BOTSWANA MADAGASCAR Cape Fear Coastkeeper PARAGUAY NEW CALEDONIA Inland Empire Waterkeeper CHILE AUSTRALIA Klamath Riverkeeper Cape Fear Riverkeeper ARGENTINA SWAZILAND Cape Hatteras Coastkeeper SOUTH AFRICA LESOTHO Monterey Coastkeeper Louisiana URUGUAY Orange County Coastkeeper Atchafalaya Basinkeeper Cape Lookout Coastkeeper Russian Riverkeeper Louisiana Bayoukeeper Catawba Riverkeeper Sacramento-San Joaquin Deltakeeper Lower Mississippi Riverkeeper French Broad Riverkeeper NEW ZEALAND San Diego Coastkeeper Ouachita Riverkeeper Lower Neuse Riverkeeper San Francisco Baykeeper New Riverkeeper San Luis Obispo Coastkeeper Pamlico-Tar Riverkeeper Santa Barbara Channelkeeper Upper Neuse Riverkeeper Santa Monica Baykeeper Maine Upper Watauga Riverkeeper Ventura Coastkeeper Casco Baykeeper Yadkin Riverkeeper
Ohio Western Lake Erie Waterkeeper Maryland Colorado Assateague Coastkeeper Alamosa Riverkeeper Baltimore Harbor Waterkeeper Animas Riverkeeper Chester Riverkeeper Utah Patuxent Riverkeeper Oklahoma Great Salt Lakekeeper Sassafras Riverkeeper Grand Riverkeeper Colorado Riverkeeper Severn Riverkeeper Connecticut South Riverkeeper Long Island Soundkeeper West/Rhode Riverkeeper Oregon Vermont Tualatin Riverkeepers Lake Champlain Lakekeeper Willamette Riverkeeper Florida Apalachicola Riverkeeper Massachusetts Virginia Emerald Coastkeeper Buzzards Baykeeper Pennsylvania Blackwater/Nottoway Riverkeeper Indian Riverkeeper Housatonic Riverkeeper Delaware Riverkeeper James Riverkeeper St. Johns Riverkeeper Nantucket Soundkeeper Lower Susquehanna Riverkeeper Shenandoah Riverkeeper Youghiogheny Riverkeeper Virginia Eastern Shorekeeper
Georgia Michigan Puerto Rico Washington Altamaha Coastkeeper Detroit Riverkeeper Vieques Waterkeeper Altamaha Riverkeeper Columbia Riverkeeper Grand Traverse Baykeeper North Sound Baykeeper Ocmulgee Riverkeeper St. Clair Channelkeeper Ogeechee-Canoochee Riverkeeper Puget Soundkeeper Satilla Riverkeeper Rhode Island Savannah Riverkeeper Narragansett Baykeeper Upper Chattahoochee Riverkeeper Mississippi West Virginia Upper Coosa Riverkeeper Turkey Creekkeeper West Virginia Headwaters Waterkeeper South Carolina Waccamaw Riverkeeper Wisconsin Indiana New Jersey Milwaukee Riverkeeper Wabash Riverkeeper Hackensack Riverkeeper Texas Kansas Riverkeeper New York/New Jersey Baykeeper Galveston Baykeeper Raritan Riverkeeper Washington, DC Anacostia Riverkeeper Potomac Riverkeeper
58 Waterkeeper Magazine Winter 2008 www.waterkeeper.org Canada Bow Riverkeeper GREENLAND Canadian Detroit Riverkeeper Fraser Riverkeeper Fundy Baykeeper SWEDEN
ICELAND Georgian Baykeeper RUSSIA Grand Riverkeeper,FINLAND Labrador Lake ONORWAYntario Waterkeeper
Ottawa RiverkeeperESTONIA Russia Baltic Sea Waterkeeper PetitcodiacDENMARK RiverkeeperLATVIA LITHUANIA Vyatka Riverkeeper NETH. IRELAND U. K. POLAND BELARUS CANADA Caspian Sea Waterkeeper GERMANY BELGIUM LUX. CZECH UKRAINE SLOVAKIA KAZAKHSTAN Amur Riverkeeper
AUSTRIA HUNGARY MOLDOVA SWITZ. MONGOLIA SLOVENIA ROMANIA FRANCE ITALY CROATIA Baikal Lakekeeper
YUGOSLAVIA UZBEKISTAN Volga Riverkeeper BULGARIA GEORGIA MACEDONIA KYRGYZSTAN ALBANIA ARMENIA AZERBAIJAN NORTH KOREA PORTUGAL GREECE TURKMENISTAN Tom’ Riverkeeper SPAIN TURKEY TAJIKISTAN U. S. A.
SOUTH KOREA SYRIA CHINA TUNISIA CYPRUS LEBANON AFGHANISTAN JAPAN MOROCCO ISRAEL IRAQ IRAN JORDAN Canary Islands ALGERIA KUWAIT NEPAL China PAKISTAN BHUTAN WESTERN EGYPT THE BAHAMAS LIBYA QATAR MEXICO SAHARA Beijing North Canal Waterkeeper (occupied by Morocco) U. A. E. TAIWAN CUBA SAUDI ARABIA MYANMAR Middle Han Waterkeeper DOM. REP. LAOS MAURITANIA BANGLADESH JAMAICA MALI OMAN BELIZE HAITI NIGER ERITREA YEMEN HONDURAS SENEGAL THAILAND VIETNAM CHAD INDIA GUATEMALA SUDAN NICARAGUA GAMBIA CAMBODIA PHILIPPINES EL SALVADOR BURKINA FASO GUINEA BISSAU NIGERIA DJIBOUTI GUINEA BENIN GHANA SOMALIA COSTA RICA COTE TOGO VENEZUELA D'IVOIRE SRI LANKA SIERRA LEONE CENTRAL AFRICAN ETHIOPIA PANAMA REPUBLIC GUYANA FRENCH GUIANA CAMEROON BRUNEI SURINAME LIBERIA COLOMBIA EQUATORIAL GUINEA UGANDA MALAYSIA India SAO TOME & PRINCIPE CONGO KENYA ECUADOR GABON DEM. REP. Ganga Riverkeeper, Lower Basin OF CONGO RWANDA BURUNDI PAPUA ANGOLA TANZANIA Ganga Riverkeeper, Mid Lower Basin PERU INDONESIA NEW GUINEA
EAST TIMOR Ganga Riverkeeper, Mid Upper Basin BRAZIL COMOROS BOLIVIA ZAMBIA MALAWI Ganga Riverkeeper, Upper Basin ANGOLA FIJI Lower Betwa Riverkeeper NAMIBIA ZIMBABWE MOZAMBIQUE Czech Republic PARAGUAY BOTSWANA MADAGASCAR Lower Ken Riverkeeper Morava Riverkeeper NEW CALEDONIA CHILE AUSTRALIA Upper Betwa Riverkeeper ARGENTINA SWAZILAND SOUTH AFRICA LESOTHO Upper Ken Riverkeeper URUGUAY Yamuna Riverkeeper, Downstream Basin Yamuna Riverkeeper, Mid-Downstream
United Kingdom NEW ZEALAND Yamuna Riverkeeper, Mid-Upstream London Canalkeeper Yamuna Riverkeeper, Upstream Basin
Senegal Hann Baykeeper Nepal Bagmati Riverkeeper
Mexico Bolivia Australia La Paz Coastkeeper Choqueyapu Riverkeeper Acheron Riverkeeper Magdalena Baykeeper Alpine Riverkeeper Mexico City Valley Waterkeeper Avon Riverkeeper Punta Abreojos Coastkeeper Barwon Riverkeeper Rio Hondo Riverkeeper Benalla Lakekeeper Bramble Bay Wetlandskeeper Cooks Riverkeeper Waterkeeper Alliance is the Peru Coorong, Lakes & Murray Waterkeeper Ramis Riverkeeper most effective advocate for Lang Lang Riverkeeper Mimosa Rocks Coastkeeper clean water because we act Safety Beach Coastkeeper Snowy Estuarykeeper Colombia locally and organize globally. Bogotá Riverkeeper South Beach Wetlandskeeper Cartagena Baykeeper Surry Riverkeeper Colombian Amazonia Waterkeeper On 172 waterways around Upper Hunter Waterkeeper Meta Riverkeeper Upper Lang Lang Creekkeeper the world Waterkeepers are Upper Snowy Riverkeeper on patrol — standing up to Waterkeepers Australia Werribee Riverkeeper polluters and enforcing your Yarra Riverkeeper right to clean water. Yarriambiack Creekkeeper
Waterkeepers Around the World
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 59 , . sustainability
EcoSalon
aterkeeper Alliance, Lexus and Condé Nast have joined together to provide a Wseries of EcoSalons in cities throughout the United States. Events are held in homes to benefit the work of Waterkeeper Alliance as well as local Waterkeeper programs in the area. Each event invites guests to learn ways to live more sustainably. The first EcoSalon took place in Atlanta at the EcoManor built by Laura and Rutherford Seydel. The second event was at the home of Tom Gegax and Mary Wescott in Minneapolis, MN. The third gathering (pictured here) took place on December 12 at Hickory Hill, the Washington, DC, home of Mrs. Ethel Kennedy. Two more events are planned for the future. An event at the Los Angeles home of Ron and Kelly Meyer will focus on local water related issues and the partnerships being formed to confront them and a May EcoSalon will be held at the home of Barbra Streisand. More EcoSalons will be planned for 2008. For more information on Waterkeeper, visit www.waterkeeper.org w
www.waterkeeper.org Winter 2008 Waterkeeper Magazine 61 62 Waterkeeper Magazine Winter 2008 www.waterkeeper.org www.waterkeeper.org Winter 2008 Waterkeeper Magazine 63 A lone boat makes its way down On The Water the River Ganga just after sunrise. Giles Ashford { Varanasi, India. 11.23.07
‹‹‹‹‹‹ All Hands On Deck: Coal Truth ››››››››››››››››››››››››
The Surface Mining Act at 30 The View from Appalachia
By Cindy Rank, West n November 13, 2007, I testified Virginia Headwaters before the U.S. Senate Commit- Waterkeeper Otee on Energy and Natural Re- sources on the 30th Anniversary of the West Virginia native Dr. Surface Mining Control and Reclamation Shirley Stewart Burns’ 2007 book, published by the West Act. Congress passed the law in 1977 to Virginia University Press, protect the environment and health of is the first academic, book- communities in coal country. I told the length treatment on this topic. committee that the very heart and soul of The cover photo, by B. Mark Schmerling, shows Larry Gibson our mountain way of life is being ripped with his dog (named dog) apart while regulatory agencies twist the overlooking the destruction at law to aid the coal industry. Kayford Mountain, WV. Mountaintop removal is the scourge of communities in Appalachia. Entire moun- tains are blown apart to allow access to seams of coal that lie within. Emotions run high — as dust, blasting, water pollution and flooding push people out of their homes. For appear in an instant as coal companies blast apart those brave enough to challenge illegally granted mountains and bulldoze rubble into valleys. These permits in the courts, threats against home and ‘valley fills’ have buried or damaged more than family are now rampant. We find ourselves em- 1,200 miles of irreplaceable headwater streams. broiled in difficult and lengthy efforts to hold regu- What’s left is a wasteland. Well over 400,000 acres latory agencies accountable. Citizens must hire in- of the world’s most productive and diverse temper- dependent hydrologists, biologists, and other legal ate hardwood forests have already disappeared, and technical experts to challenge illegal practices and it is predicted that figure could increase to 1.4 at great personal and financial expense. We find million acres — 2,200 square miles — by the end of ourselves confronting angry neighbors who work the decade if nothing is done to limit this practice. in the mines; one family’s livelihood pitted against The federal Office of Surface Mining now wants another family’s home and heritage. to gut the Stream Buffer Zone Rule, the most im- Today in West Virginia, Kentucky and Virginia portant safeguard under the law for protecting the situation is explosive — literally. Streams dis- streams. The change would eliminate the current prohibition against mining within 100 feet of a stream. In its place a new rule would instruct coal companies to merely “minimize” environmental harm to the extent possible. The proposed rule is a violation of both the Surface Mining Reclamation Act and the Clean Water Act. Congress and the Office of Surface Mining must What’s My Connection to withdraw the change to the buffer rule and stop the insanity that is now taking place in Appalachia. As Mountaintop Removal? the late Judge Charles Haden recognized in 1999, this is a bell that once rung, can’t be unrung. Many Plug in your zip code at www.ILoveMountains.org and find how much of your of our human mistakes can be corrected, even pol- electricity is coming from mountaintop removal coal mining. Brought to you luted streams might be restored over long peri- by Appalachian Voices, home of the Upper Watauga Riverkeeper, and partners ods of time, but we will never get our mountains, throughout Appalachia. streams and springs back again. In short, it’s time to ban mountaintop removal coal mining. w
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