September 13, 2005
Dear Members of Congress:
We are writing to urge the protection of Americans
from both natural and man-made disasters. As life-long residents
of New Orleans, our hearts ache for friends and neighbors who may not
have survived Hurricane Katrina. As public interest attorneys who
serve African American communities located in the shadows of hazardous
industrial facilities and in flood-prone neighborhoods, we are outraged
by the failure of our government to ensure a healthy and safe
environment for people who need it the most.
The mission of Advocates for Environmental Human
Rights (“AEHR”), nonprofit public interest law firm, is to defend
and advance the human right to a healthy environment. AEHR
provides a broad range of litigation and public advocacy services to
communities, where the fundamental human rights to life, health, and
racial equality are systematically violated by governmental laws,
policies, and practices that facilitate and perpetuate severe
environmental degradation.
The convergence of the fourth year anniversary of the September 11th
terrorist attacks and the ongoing recovery efforts taking place in the
wake of Hurricane Katrina is a deafening wakeup call for change.
For both of these disastrous events, Americans awoke on the morning of
September 11th and the morning of August 28th to see citizens dying and
suffering. How many more tragic mornings are needed before
Congress takes action to protect the lives of all citizens?
Swift action is needed now more than ever to shape
an America that guarantees the basic human rights to life and
health. Such rights are not achieved by federal policies that
subject people of color and the poor to an unhealthy environment,
increase the dangerous impacts of climate change, and neglect the need
for safe and sustainable technologies that can avoid the potential for
catastrophic disasters occurring at oil and petrochemical facilities
and their transport systems.
Hurricane Katrina brings to light the confluence of
these policies on the lives of American citizens in New Orleans and
Gulf Coast communities. For several years prior to Hurricane
Katrina, our government has failed to take action on the warnings by
climatologists of the destructive potential of
hurricanes as a result of climate change. Our
government has not acted to ensure environmental justice in
the neighborhoods where African Americans and poor people live in the
midst of hazardous industrial and waste facilities. These
facilities have significantly contributed to the highly toxic
floodwater that has inundated New Orleans and surrounding areas.
The toxins in this floodwater now threaten the health of hurricane
survivors and rescue workers who swam and waded in this water.
The draining of the toxic floodwater into other water bodies will have
damaging effects on people, who are dependent on the fish shell fish
inhabiting the receiving waters. Nor has our government
effectively worked to secure the storage, transportation, and
manufacturing of toxic chemicals.
In the days following Hurricane Katrina, there were reports of
explosions on railcars transporting hazardous substances and a fiery
blaze at a chemical storage facility that engulfed the area in black
smoke. Clearly, a significant part of the aftermath of Hurricane
Katrina is a growing chemical disaster that could have been avoided,
but will now require costly and extensive environmental remediation.
According to public records there are approximately 150 Louisiana
chemical facilities in the path this storm. Many of these plants
have reported worst-case chemical disaster scenarios to the EPA that
each show more than 10,000 people at risk.
The recovery and rebuilding of New Orleans and Gulf Coast communities
require Congress to think and act broadly to ensure a sustainable and
healthy environment. Beyond reinforcing flood protection
infrastructure and improving emergency response, Congress must work on
avoiding chemical disasters that result from natural and man-made
causes.
As you consider legislation to secure inherently dangerous chemical
facilities from terrorist attacks and accidents we urge you to enact
legislation that requires industrial facilities to substitute harmful
materials with safer alternatives, replace polluting technologies with
those that eliminate toxic threats to workers and surrounding
communities. In addition, we urge you to prohibit the siting of
polluting facilities near residential neighborhoods, schools and other
sensitive areas. Anything less is a failure of our government to
meet its first priority: protecting human lives.
Further, we urge Congress to take immediate action to protect people of
color and poor populations, who bear a disproportionate burden of the
hazards of polluting industry in their communities. Moreover, we
urge you to ensure that the EPA implements the safe removal and
remediation of toxic contamination that is now present in the water and
land of New Orleans and Gulf Coast communities.
Very truly yours,
Monique Harden Nathalie Walker
Co-Director & Attorney Co-Director & Attorney
1050 South Jefferson Davis Parkway, Suite 333, New Orleans, LA 70125