Push for environmental justice in underserved communities gains traction in Arizona

A federal judge recently halted construction on a mine because of its potential effects on Indigenous lands. The Hualapai Tribe is suing to stop a lithium mine that threatens a water source. An environmental organization is suing the EPA for failing to enforce air pollution laws. And a Black community in Randolph pushed back on a proposed natural gas generating station that residents say will worsen already toxic air.

What those incidents have in common, activists say, are historically disenfranchised communities negatively affected by pollution and climate change seeking environmental justice.

The concept has been gaining momentum for years in Arizona, where industrial and mining operations have left polluted legacies in lower-income urban neighborhoods and on tribal lands around the state.

It has recently gained the attention of local and national leaders, who last month wooed communities whose support they’ll need in the face of opposition from industry groups and elected officials skeptical of more regulation. Those leaders want to enact new laws that could put in place some of the most sweeping environmental laws in a generation. 

Rep. Raul Grijalva, D-Ariz., who chairs the House Committee on Natural Resources, toured the country to tout the benefits of a piece of legislation he hopes will help communities get a seat at the table for projects that impact their communities. So far, he's taken his message to numerous states, including New York, New Mexico and now Arizona.

Some lawmakers and environmental advocates hope the legislation will fill some of the gaps left by the now-stalled Build Back Better Act. While not a complete replacement, the Environmental Justice for All Act would make the process of starting federal projects a more equitable, holistic endeavor, supporters say. The bill would require federal agencies to increase inclusiveness and seek input from communities affected by environmental projects before they even begin. 

Meanwhile, protesters rallied at the Arizona capitol on Earth Day to call on leaders to act on climate change. State Rep. Morgan Abraham, former Sen. Kirsten Engel, and health advocates also called on President Biden to enact stronger air protections to reduce pollution from power plants.  

Activists say such actions are critical now. According to a recent report by the National Lung Association, over 6 million Arizonans live in areas with poor air quality, dangerous levels of particulate matter and ozone pollution.

At-risk groups, such as the elderly, lower-income residents and people of color are three and half times more likely to live in areas that received a failing air quality grade in the report compared to individuals who live in affluent communities. 

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Similar disparities exist for poor water quality. High concentrations of arsenic fluoride are frequently found in marginalized communities, especially tribal lands. Numerous mining projects, including lithium mines on Hualapai tribal land, threaten aquifers and sacred sites. 

"My history on the issue of frontline communities and environmental justice is very local. That's where it began for me," said Grijalva at an event in Tucson. "All we knew was that impacted communities ... were predominantly working-class and poor, predominantly of color."

Bill would give more people a voice

If Grijalva and other leaders have their way, a slew of new laws will make it easier for individuals affected by hazardous projects to weigh in and make it more difficult for future administrations to reverse course. An executive order is subject to the political whim of whoever is in power at the time, Grijalva noted.

To help craft something more permanent, he laid the groundwork for an environmental justice bill in 2015, when he led a Democratic Forum on Environmental Justice in Los Angeles. Since then, he has championed ways to combat environmental racism. Activists say his work, along with co-sponsor Rep. Donald McEachin, D-Va., has been instrumental in building support for environmental justice measures in Congress.

Grijalva and McEachin have spent the last two and half years putting together their latest piece of legislation, HR2021. 

Also included in the drafting process were advocacy groups and representatives of communities seeking environmental justice. The lawmakers received over 350 comments from leaders and individuals, who weighed in on what they felt their communities needed and how they think the federal permitting process could be improved. 

The result includes eight key principles. All of them are based on strengthening environmental laws and creating inclusive, collaborative community engagement that would allow private citizens to be involved with projects that impact their communities. 

The first tenet would restore a provision in Title VI of the Civil Rights Act to ban projects that adversely affect marginalized communities. The Act's second and, supporters say, most significant provision would require consideration of cumulative impacts for projects requiring permits under the Clean Air Act and Clean Water Act. 

Projects are currently reviewed as stand-alone activities, meaning a power plant is evaluated based on its use and discharge alone. But areas riddled with pollution, such as parts of south Phoenix, are often sites of multiple facilities and power plants, leading to cumulative impacts that are often overlooked. 

'We have time': Activists, elected leaders call for climate action at Earth Day rally

Another significant boost would come from a section that would require federal agencies to work with communities early in the National Environmental Policy Act (NEPA) process. This provision would ensure tribal representation in the planning phase, even for projects off reservations that still have the potential to impact tribal land. 

Other parts of the bill would provide $75 million in funding for grant projects related to environmental justice, support access to green spaces in underserved areas, and establish a Federal Energy Transition Economic Development Assistance Fund to help communities move away from fossil fuels. 

Despite what backers say are laudable goals, the bill's passage is not without challenges. In addition to getting buy-in from fellow Democrats, Grijalva will also need to gain support from Republicans, some of whose members have opposed greater recognition of environmental justice issues.

Some of the measures will likely be seen as red tape, according to a member of Grijalva’s team. Grijalva pointed out that there will be pushback on some of the provisions, including cumulative impacts, which could potentially hinder resource extraction. Industry groups could also pose a potential challenge to the bill’s passage, Grijalva said.

“The industry and its various forms, whether it is the manufacturing side, or whether it’s the American Petroleum Council, whether it is Dow Chemical, I think their thing is going to be, and they’re already saying this, is that it’s going to cost us, all this is going to cost consumers more,” said Grijalva of potential opposition to the bill. “The other thing will be that it will affect poor people worse, because of affordability. I mean, those are the things that they're already saying.”

One factor that does work in his favor, he said, is science. Years of data and experience have shown that high levels of pollution, contaminated water and toxic land disproportionally affect at-risk communities, which tend to have fewer resources to mount strong opposition campaigns against polluters.

'The status quo is not OK'

To find support, Grijalva met with leaders in Tucson at the end of April to hold a public briefing on the bill at the El Pueblo Neighborhood Center. The event offered a way for the public to learn more about the measure and brought local leaders out.

"Black, indigenous, low income, and communities of color are at the forefront of environmental injustice," said Tucson Mayor Regina Romero, who attended the event. "And this particular bill, the environmental justice for all bill, is absolutely necessary and something that I as mayor ... truly understand and want to make sure that this bill passes and becomes national law."

By the end of April, Grijalva had met with other leaders and advocates to host a roundtable to discuss the need to address environmental injustice in the Latino community. According to a survey by the Pew Research Center, a Washington, D.C.-based think tank that provides data on social issues and public opinions, at least 81% of Latinos in the survey think urgent action is needed to address climate change. 

In Arizona, studies indicate that Latin communities are more likely to feel the effects of extreme heat, with poorer neighborhoods being on average 4 degrees warmer than their leafier, more affluent counterparts. 

At a separate event in Washington, D.C., Grijalva joined Abraham, Engel, and public health advocates to urge President Biden and the EPA to put in place new laws that would help reduce air and water pollution from Apache Generating Station in Cochise County.

"I stand before you as a mom, a former state legislator, a former staff attorney at EPA and a concerned citizen, to say that the status quo is not OK," said Engel. "Climate change driven by the current rates of fossil fuel burning is draining our reservoirs of water, burning our forests, reducing the size of our crops and draining our pocketbooks with high utility bills. 

On Earth Day, hundreds of activists gathered in front of the Arizona Capitol. City council members from around the state, including Phoenix's Yassamin Ansari and Tempe's Lauren Kuby, were on hand. Tribal leaders and advocacy groups were also out in force to stress the need for urgent action to address climate change and environmental injustice. 

Hazel Chandler, an Arizona field coordinator for Moms Clean Air Force, an advocacy group that pushes for stronger clean air protections, was among the crowd. The organization hosted a table, held signs and handed out swag emblazoned with its logo.

When asked about her hopes for the proposed laws, Chandler stressed the need to bring equitable solutions to communities of color throughout the valley. Trees in areas that lack shade, cool corridors and better transportation are some of the programs she thinks could use a boost to get off the ground. 

"Hopefully if this justice bill passes, there's a big great opportunity to speed up some of those programs," said Chandler. 

Her colleague, Columba Sainz, also a field coordinator for Moms Clean Air Force, shared some of the same sentiments and also stressed the need for urgent action. 

"I would like my community to have access to that $75 million for Environmental Justice grant programs to address environmental public health issues," said Sainz. "And also, to fund and research in grant programs are focused on health equity, in personal products, childcare. And also, to help establish federal energy transition."

Federal agencies set new policy standards

While Grijalva and other Arizona leaders were calling for more action, President Joe Biden announced plans to expand support and investments in underserved communities. 

He directed over 90 federal agencies, including both the Environmental Protection Agency and the Justice Department to develop equity plans to address "systemic barriers." As a result, some agencies, like the EPA, have accelerated the rate at which they process civil rights complaints. Several agencies also have additional funding to handle equity issues and backlogged caseloads. 

For example, the Department of Justice and EPA recently announced the restoration of a program that the previous administration canceled to advance environmental justice. They are resurrecting the Supplemental Environmental Projects program as a result of one of Biden’s executive orders. As a part of this initiative, polluters can undertake an environmental project that benefits local communities to help rectify previous harms.

Previous examples include reducing lead paint hazards, installing air filtration systems at schools in heavily industrialized areas and enhancing the emergency response capabilities of local fire departments, said an EPA news release. Such measures are used to evaluate the enforcement of environmental violations.

Grijalva stresses that the bill is still under construction. He’ll continue his tour, heading to Detroit, Albuquerque and New Orleans next. The participation of communities in crafting the final version will be key in making sure the legislation is as comprehensive as possible.

He'll also need to gain support on the Senate side. Last year, Sen. Tammy Duckworth, D-Ill., crafted a senate version of the bill. But with such a slim majority, Democrats will need to reach across the aisle, and, so far, no Republicans have indicated support for the bill.

"It's in the Senate now," Grijalva said. "We're heartened to know that Senator (Mark) Kelly is working on that ... and look forward to the legislation he comes up with so that we can sit down, reach a consensus with House legislation and the Senate legislation and pass something."

Lindsey Botts is an environmental reporter for The Arizona Republic/azcentral. Follow his reporting on Twitter at @lkbotts and Lkbotts on Instagram. Tell him about stories at lindsey.botts@azcentral.com

Environmental coverage on azcentral.com and in The Arizona Republic is supported by a grant from the Nina Mason Pulliam Charitable Trust. Follow The Republic environmental reporting team at environment.azcentral.com and @azcenvironment on Facebook, Twitter and Instagram.

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