ML20155G541

Discusses Rept on Congressional Black Caucus Issues Forum: Environ Justice - Is It a Tool That Impedes Economic Development Held on 980917

ML20155G541
Person / Time
Issue date:	10/27/1998
From:	Maupin C NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Little I NRC OFFICE OF SMALL & DISADVANTAGED BUSINESS UTILIZATION (OSDBU)
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ML20155G543	List: ML20155G541
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NUDOCS 9811090097
Download: ML20155G541 (5)

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$ WASHINGTON, D.C. 30006 e001 4 ...' October 27, 1998 MEMORANDUM FOR: Irene P. Little, Director ice of Small Business and Civi' Rights FROM: Ca daupin , ager Office of State Programs

SUBJECT:

REPORT ON CONGRESSIONAL BLACK CAUCUS ISSUES FORUM: ENVIRONMENTAL JUSTICE-IS IT A TOOL THAT IMPEDES ECONOMIC DEVELOPMENT?

On September 17,1998, I attended the above subject forum hosted by the Congressional Black Caucus. The forum was convened by the Honorable James E. Clyburn of South Carolina. The purpose of the forum was to create a dialogue between stakeholders on Environmental Justice and its impact on Economic Development initiatives in communities nationwide. Further, the forum was also designed to assure that the decisions made in the area of Environmental Justice promote an equitable and effective national environmental policy.

The forum was moderated by the Honorable Clyburn and consisted of a seven member panel, which represented various stakeholder groups. (The vitae of the panel members is attached.)

Each panel member was posed a question by the moderator and was followed by their response. A summary of the discussion is as follows:

- QUESTION 1: Does Environmental Justice Impede Economic development?

RESPONSE: Mr. Tim Fields, Acting Assistant Administrator Office of Solid Waste & Emergency Response U.S. EPA Mr. Fields indicated that he believes that Environmental Justice and economic development can co-exist. In support of his statement, Mr. Fields discussed the Brownfields initiative. It was noted that 228 grants had been awarded to communities to revitalize areas. He noted for example, projects in Texas and Connecticut, where companies had invested into the communities and created 100 to 400 jobs, respectively. Mr. Fields also noted that Environmental Justice assures that people in a community are involved in the process. He further stated that if you have community involvement in the planning stages, you minimize l complaints under Title 6 of the Civil Rights Act, which requires that no discrimination is occurring. I e ;33 )

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i-d Irene P. Little October 27, 1998 OUESTION 2: Many areas that need economic development also have experienced environmental concerns. How can we address this?

RESPONSE: Mr. Haywood Turrentine, Executive Director Education and Training Trust Fund Chairman of the National Environmental Advisory Council Mr. Turrentine indicated that the way to address economic development and environmental concerns is through " participation." He stated that all stakeholders should be at the table "up-front." Mr. Turrentine further elaborated that when an idea concerning economic development is proposed, regulatory agencies, industry and members of tha community should discuss the plans before they are placed in " concrete." He believes that this type of participation allows concerns to be addressed in the beginning of the process.

QUESTION 3: What is industries' perspective on balancing economics and Environmental Justice?

RESPONSE: Mr. John Chambers, Esquire Law Firm of Arent, Fox, Kinter, Plotking & Kahn Mr. Chambers indicated that although he was asked to represent industries' views, because the law firm he is associated with represents industry, he would be expressing his own personal views on the issue. He stated that many people believe that economics and Environmental Justice are mutually exclusive, but he does not. He believes that in order to address this issue, one must acknowledge racism-both cultural and self inflicted. Mr. Chambers went on to state that he is from the inner city and he is committed to reinvent the inner city. He indicated that it

is EPA's responsibility to ensure that communities are protected and desirable capital is not discouraged. Mr. Chambers elaborated that there are opposing views with blinders on both sides of the issue. He indicated that members of the community can only see racism; whereas, industry can only see economics. Mr. Chambers indicated that the Federal Advisory Committee Act (FACA) allows one to explore arguments on both sides of the issues and make fair and just decisions. Mr. Chambers indicated that he believes that Environmental Justice is the most important issue of the twenty first century.

QUESTION 4: How does the State of Maryland strike a balance between environmental concerns and economic dcVe!opment?

RESPONSE: The Honorable Janet Nishida, Secretary Maryland Department of Environment Ms. Nishida stated that Maryland believes that this question, "Does Environmental Justice Impede Economic Development" poses a false dichotomy. She indicated that the State of Maryland believes that we must achieve both. In discussing the State of Maryland's activities in the area of Environmental Justice, Ms. Nishida stated that Environmental Justice brings together the need to address urban development and revitalization of neighborhoods. She indicated that the State of Maryland has developed a formalized Environmental Justice program which establishes dialogue between community and industry. She also stated that the program

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Irene P. Little October 27, 1998 encourages the use of citizen advisory committees by industry. Ms. Nishida also indicated that Maryland's program encourages the identification of concem.s at the beginning of the economic development process, even before the State considers granting industry a permit. She also elaborated that in 1997, the Maryland Legislature created an Advisory Committee on Environmental Justice which is to make recommendations to the Govemor and General Assembly. In addition, she stated that a series of forums are to be held across the State on the issue of Environmental Justice. She also indicated there had been no complaints under Title 6 of the Civil Rights law in the State of Maryland. Ms. Nishida concluded by stating that achieving the balance between Environmental Justice and economic development is not an easy task, but it can be achieved.

QUESTION 5: What do we need to know about risk assessment and risk management?

RESPONSE: Dr. Lawrence C. Mohr, Executive Director Professor, Environmental Hazards Assessment Program Medical University of South Carolina Dr. Mohr indicated that he had provided participants a booklet and videotape on risk,"Living with Risk: A Basis for Discussion." (I obtained a copy and will forward upon request.) He began his response to the question by stating that relationship between health of people and risk is not easy. He claborated that risk assessment consists of determining the probability of an undesirable event occurring and the results from the event occurring. Dr Mohr indicated that we need to know about individual risk and the societal risk, which is the risk to society. He also indicated that we need to determine what risk is acceptable and indicated that this determination is a political decision made at the local level. With regard to risk management, Dr. Mohr stated that it consists of the steps taken to prevent an undesirable event from occurring, risk assessment, and examination of the cost benefits of taking preventive measures to reduce risk.

QUESTION 6: No specific question was asked. Panel member spoke on general topic from an industry perspective.

PRESENTER: The Honorable Arthur Fletcher National Black Chamber of Commerce.

Mr. Fletcher was introduced as the author of the affirmative action legislation. Mr. Fletcher encouraged the attendees to read the report on Title 6 of the 1964 Civil Rights Act, which can be obtained from the Civil Rights Commission. He indicated that Industry should charter a community development bank in areas they are locating in order to assist in economic development of communities. Mr. Fletcher indicated that such a bank would help to serve the financial needs of the community. He also indicated that industry should work with communities to make them a nice place to live even if the community is not an ideal place to live.

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Irene P. Little October 27, 1998 OUESTION 7: What are the Title 6 of the Civil Rights concerns as they relate to the Environment?

RESPONSE: Ms. Ann Goode, Director Office of Civil Rights U.S. EPA Ms. Goode her began response by indicating that the questions being raised by communities are difficult and the tools have not been developed to address the valid questions being raised.

She went on to state that the policies are not in place to address the concerns. Ms. Goode elaborated that the intersection of Environmental Justice and economic development are difficult. Ms. Goode indicated that with regard to environmental" injustice," EPA is preceding carefully and cautiously and is evaluating issues on both sides of the arguments. She also indicated that EPA has obtained more staff to work on the issues. Ms. Goode further elaborated that EPA believes in establishing a process of integrity with regard to Environmental Justice. She stated that the process respects all of the views on the issue. She believes that the Environmental Justice issue has been one of EPA's most collegial efforts. Ms. Goode concluded by stating that equality, justice, economic development are all possible, but difficult.

In addition, to the above, remarks were provided by the Honorable Mayor Emanuel Cleaver, Kansas City, Missouri, and President of the National Conference of Black Mayors. Mr. Cleaver expressed the views of the National Conference of Black Mayors (NCBM), which is an organization of 426 membeis. He indicated that NCBM believes that Environmental Justice does hinder economic development. Mr. Cleaver provided an example of a manufacturer which was considering locatica in the State of Missouri, but chose another State because their environmental rules were more relaxed than those of Missouri. The Missouri regulations would have required the manufacturer to install equipment that would cost almost three million dollars to ensure clean air. Whereas, in the other State, there was no such requirement.

In summary, the forum was informative and well attended. Environmental Justice appears to be an area in which interest is increasing. In fact, the moderator indicated that there were far more attendees at this session as compared to the session during the previous year, in general, most of the presenters believe that striking a balance between Environmental Justice and economic development is not an easy task, but it can be achieved through effective strategic planning with participation by all stakeholders--industry, regulatory agencies and the community.

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Irene P. Little October 27, 1998 l QUESTION 7: What are the Title 6 of the Civil Rights concerns as they relate to the Environment?

RESPONSE: Ms. Ann Goode, Director Office of Civil Rights U.S. EPA i

Ms. Goode her began response by indicating that the questions being raised by communities 4

are difficult and the tools have not been developed to address the valid questions being raised.

s She went on to state that the policies are not in place to address the concerns. Ms. Goode elaborated that the intersection of Environmental Justice and economic development are

, difficult. Ms. Goode indicated that with regard to environmental" injustice," EPA is preceding carefully and cautiously and is evaluating issues on both sides of the arguments. She also indicated that EPA has obtained more staff to work on the issues. Ms. Goode further 4

elaborated that EPA believes in establishing a process of integrity with regard to Environmental Justice. She stated that the process respects all of the views on the issue. She believes that the Environmental Justice issue has been one of EPA's most collegial efforts. Ms. Goode concluded by stating that equality, justice, economic development are all possible, but difficult.

In addition, to the above, remarks were provided by the Honorable Mayor Emanuel Cleaver, j Kansas City, Missouri, and President of the National Conference of Black Mayors. Mr. Cleaver

expressed the views of the National Conference of Black Mayors (NCBM), which is an i organization of 426 members. He indicated that NCBM believes that Environmental Justice does hinder economic development. Mr. Cleaver provided an example of a manufacturer which was considering location in the State of Missouri, but chose another State because their environmental rules were more relaxed than those of Missouri. The Missouri regulations would have required the manufacturer to install equipment that would cost almost three million dollars to ensure clean air. Whereas, in the other State, there was no such requirement.

In summary, the forum was informative and well attended. Environmental Justice appears to be

an area in which interest is increasing. In fact, the moderator indicated that there were far more l attendees at this session as compared to the session during the previous year. In general, most of the presenters believe that striking a balance between Environmental Justice and

, economic development is not an easy task, but it can be achieved through effective strategic planning with participation by all stakeholders-- industry, regulatory agencies and the community.

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