How ‘Freeway Revolts’ Helped Create the People’s Environmental Law
By Teju Adisa-Farrar & Raul Garcia
In the summer of 1969 a banner hung over a set of condemned homes in what was then the predominantly black and brown Brookland neighborhood in Washington, DC. It read, "White man's roads through black men's homes."
Earlier in the year, the District attempted to condemn the houses to make space for a proposed freeway. The plans proposed a 10-lane freeway, a behemoth of a project that would divide the nation's capital end-to-end and sever iconic Black neighborhoods like Shaw and the U Street Corridor from the rest of the city.
Today, Brookland is not home to an interstate. The community's protest forced the government to cancel its construction plans. And the activists' efforts helped spur the passage of a law that gives all people the right to weigh in on projects that affect their communities — a right that is now under attack from the Trump administration and its allies.
Residents taking a stand in Brookland were the latest participants in the "Freeway Revolts," a multi-decade effort to force federal planners to consider the impacts of large development projects on communities and ecosystems. During and after World War II, 6 million Black people moved from the South to cities in the Midwest and California, drawn by employment opportunities and driven by the violence and poverty of the Jim Crow South. Following this demographic shift and growth in cities across the U.S., planners rewrote municipal zoning ordinances and separated residential, commercial and industrial development. These policies promoted urban sprawl and white flight, which fed the culture of automobile dependency.
The Freeway Revolts formed alliances across lines of race and socioeconomic status. In DC, wealthy white residents of Takoma Park and Georgetown allied with middle-class black and brown residents in Brookland. In Seattle, the Black Panthers aligned with the Sierra Club in opposition to highway widening proposals. In San Francisco, Latinx communities joined hands with white residents to protest the Central Freeway's devastation to homes and communities. These various communities realized how disruptive and destructive these large urban planning projects are to neighborhoods and communities.
Activists demonstrate against proposed freeway construction in San Francisco in 1960.
Image courtesy of San Francisco History Center
Lacking a voice in the development process, residents and community members in cities across the country used tactics that ranged from picketing, petitioning and leafleting to directly occupying facilities. In each case, however, the central message was the same: Government should not ransack homes, divide areas and introduce new sources of smog and noise pollution without the consent of those affected.
In many places, the protests forced city governments to change their plans, or even led to the removal of freeways that had already been built. At the federal level, the protests helped inspire a law that ensures the people get to weigh in on projects that affect their health, homes and neighborhoods: the National Environmental Policy Act (NEPA). This law has become one of the most important tools to protect communities and our environment — and now, it's under attack by the Trump administration.
In 1969, after over a decade of relentless pressure and public activism, Congress passed NEPA in a nearly unanimous vote. The aim of the law was to create a national environmental policy that equally weighed environmental impacts and the voices of communities when federal agencies developed infrastructure projects. NEPA was the first law to require the federal government to conduct an environmental impact study (EIS) when embarking on a project. It required the federal government to tell the public what it wanted to develop and establish time for communities to comment and offer environmentally friendlier or less disruptive alternatives; alternatives the government must consider under NEPA.
Community leaders heightened the national consciousness of the effects of environmental degradation on communities throughout the second half of the 20th century.
Photo courtesy of U.S. National Archives and Records Administration
Over the years, it is communities of color — whose efforts made NEPA possible — that have invoked the law when seeking justice. After all, more than half of the people living less than two miles from a toxic waste site in the U.S. are people of color. Children of color are disproportionately more likely to face the dangerous health effects of lead poisoning. Indigenous communities like the Navajo Nation have been face-to-face with toxic water thanks to the legacy of uranium mining in the Southwest. In the Northern Mariana Islands, indigenous and low-income U.S. citizens are using NEPA to compel the U.S. Navy to consider the effects that artillery, rockets and bombardment will have on their tropical homeland and sacred sites. According to Cinta Kaipat, a resident of the island Saipan, NEPA allows communities to "fight this fight without firing a shot. The military will sit up and hear our voices."
Right now, communities of color are using NEPA to challenge the Keystone XL pipeline, President Trump's illegal border wall, waste incinerators in Puerto Rico, intrusive transit plans in Los Angeles and pollution from the KCI Airport in Kansas City. The Northern Cheyenne Tribe in Montana successfully used NEPA to thwart Trump administration's plans to reopen coal-mining leases on public lands. Ill-conceived development along the I-70 Corridor near Denver stopped thanks to NEPA. It is community voices, not those of polluting and profit-driven corporations with armies of well-paid litigators and lobbyists that are most likely to be excluded or ignored in the decision-making process. And it is their voices that can help stop further division and destruction in our environments if they are made a part of the planning process.
Put simply, the National Environmental Policy Act is a tool to help uplift the people's environmental voice. That's why it's no wonder that the Trump administration and its allies want to stifle it, either by exempting certain proposals from oversight, limiting the length of public comment periods or eliminating public comment altogether.
Communities in the Northern Mariana Islands are using NEPA to challenge the U.S. Navy's plan to conduct live-fire training on the island of Pågan.
Photo courtesy of Dan Lin
The spirit that drove communities of color and neighborhood residents throughout the U.S. to hang banners, picket, sit in and stand up in the 1950s and 1960s is alive today. Even though several communities of color across the nation have been displaced and burdened by pollution because of freeway development projects in the 1960s, NEPA helps to fight against exclusionary and environmentally disruptive planning processes.
As we fight to end environmental racism, we cannot allow the Trump administration and its allies in Congress to retrench the people's tools for access to justice. We cannot allow them to limit public comments and continue to shut communities out of the NEPA process. It is through direct action and community engagement that NEPA came to be; safeguarding it gives people more power to be a part of the decisions that determine what happens in their communities.
"These findings confirm what most grassroots environmental justice leaders have known for decades." In my last @EcoWatch piece today, a groundbreaking study from @jdhill and @ctessum shows a racial gap betwen who causes and suffers from air pollution: https://t.co/l8pC0tHPis— Olivia Rosane (@orosane) March 12, 2019
Reposted with permission from our media associate Earthjustice.
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A stretch of coastline in the Philippine capital, Manila has received backlash from environmentalists. The heavily polluted Manila Bay area, which had been slated for cleanup, has become the site of a controversial 500-meter (1,600-foot) stretch of white sand beach.
Sand Makeup Crucial for Ecosystems<p>While UNEP/GRID-Geneva generally supports finding <a href="https://www.dw.com/en/not-enough-sand-for-construction-industry-despite-abundance/a-49342942" target="_blank" rel="noopener noreferrer">alternative sources of sand</a> so as not to disrupt ecosystems in rivers and oceans when extracting them, Vander Velpen stressed it was vital to use sand which closely matches the makeup of the native sand to protect beach fauna.</p><p>"If you change the core characteristics of the native sand, the original sand, you need to do an environmental impact assessment (EIA) to find out how it's going to impact the ecosystem and nearby ecosystems," he told DW.</p><p>But according to Torres, such an assessment was not done in Manila.</p>
Beautification Stunt Instead of Proper Cleanup?<p>Manila Bay's waters are heavily polluted by oil and trash from nearby residential areas and ports. A huge "No swimming" sign warns visitors to stay away from the ocean.</p><p>Philippines' <a href="https://denr.gov.ph/index.php/priority-programs/manila-bay-clean-up/25-priority-programs/1825-frequently-ask-questions-faqs-on-the-dolomite-and-the-beach-nourishment-project" target="_blank">Department of Environment and Natural Resources (DENR)</a> has denied dolomite sand poses any risk to human health and the ecosystem.</p><p>However, scientists of the University of the Philippines have come forward disputing the DENR's claims. A <a href="https://biology.science.upd.edu.ph/index.php/ib-statement-regarding-dolomite-in-manila-bay/" target="_blank" rel="noopener noreferrer">statement by the Institute of Biology</a> said that using crushed dolomite did not address any of the rehabilitation phases and instead was "even more detrimental to the existing biodiversity as well as the communities in the area," pointing to the case of water birds. "The dumping of dolomite in Manila Bay has effectively covered part of the intertidal area used by the birds thereby reducing their habitat."</p><p>At peak migration season, Manila Bay is home to 90 aquatic bird species, including species of international conservation concern that are facing a very high extinction risk in the wild. </p><p>Authorities should focus on protecting and conserving biodiversity, the Institute of Biology added. "Rehabilitating mangroves is an example of a nature-based solution that is cheaper and more cost-effective than the dolomite dumping project," the scientists said.</p><p>Moreover, <a href="http://www.msi.upd.edu.ph/" target="_blank" rel="noopener noreferrer">the Marine Science Institute</a> has warned that prolonged inhalation of finer dust particles of dolomite could "cause chronic health effects," leading to discomfort in the chest, shortness of breath and coughing.</p><p>They also warned dolomite sand grains would erode during storms and be carried out to sea, essentially being washed away.</p>
Rehabilitation vs. Reclamation<p>Environmentalists say covering up the beach doesn't address the real issues of the bay. Torres and others believe the best way to clean up Manila Bay is not to add anything, but rather remove trash and pollution.</p><p>"There have been studies saying much of the waste comes from already collected waste — so these are open dump sites along the coast that get washed up because of the rain," Torres said.</p><p>She criticized the authorities for continuing to push reclamation projects she says are at odds with each other. These projects will affect large areas of mangrove forests, she said, and experts warn that this, in turn, exacerbates coastal erosion.</p><p>"If you've removed the areas that helped trap the sand, like mangrove forests, then the likelihood increases that you will have to nourish a beach. Same as building right up to the waterfront," said Vander Velpen of UNEP/GRID-Geneva.</p>
Plenty of Sand in the Sea?<p>The question of Manila's contentious white beach echoes larger questions about sand mining worldwide. <a href="https://unepgrid.ch/storage/app/media/documents/Sand_and_sustainability_UNEP_2019.pdf" target="_blank">Global sand consumption has tripled</a> over the past two decades, UNEP/GRID-Geneva has found. A huge chunk of it is now taken up by construction.</p><p>"Many operate on the assumption that natural sand is endless in its supply," said Vander Velpen.</p><p>Sand scarcity is a concern shared by Stefan Schimmels of <a href="https://www.fzk.uni-hannover.de/fzk_start.html?&L=1" target="_blank">Forschungszentrum Küste</a> who's done extensive research on shore nourishment to stop coastal erosion. And as climate change and rising sea levels are threatening coasts, demand for sand will grow even more.</p><p>A large study, the <a href="http://www.stencil-project.de/wp-content/uploads/2019/10/STENCIL_SWOT_Analyse_191026.pdf" target="_blank">Strategies and Tools for Environment-Friendly Shore Nourishments as Climate Change Impact Low-Regret Measures (STENCIL project)</a>, focused on the German island of Sylt, a popular vacation spot.</p><p>About 1 million cubic meter of sand per year is used to maintain the coastal area of Sylt, STENCIL project head Schimmels said. That's about 100 million 10-liter buckets of sand.</p><p>When sand was extracted off the coast of Sylt, underwater craters were formed. "You can still detect these craters even decades later," Schimmels told DW.</p><p>"Also when you add a couple of meters sand onto the beach — you essentially bury all things that do creep and fly," he said. "How quickly will they recover?" Schimmels said more research was needed as there was still too little known about long-term effects on the environment. </p>
Criticism Piling Up<p>As for Manila's artificial white sand, it looks like some might have already been blown away by a recent storm. DENR claims it wasn't washed away, but said that grayish sand, stones and other material had simply piled up over the dolomite sand. People in Manila have tweeted photos showing how the storm has ravaged the beach. </p>
<div id="adc0b" class="rm-shortcode" data-rm-shortcode-id="98f9390db6bb81cb421aaf0bb9d9a6fb"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318816633280851969" data-partner="rebelmouse"><div style="margin:1em 0">Exactly one month after giving excited netizen a glimpse of Manila Bay white sands, look what happened now after ju… https://t.co/X0Z9i0bPB0</div> — M*A*S*H (@M*A*S*H)<a href="https://twitter.com/Magtira_Matibay/statuses/1318816633280851969">1603265362.0</a></blockquote></div><p>Authorities have been called tone-deaf for spending around 389 million pesos ($8 million) on a beach nourishment project in the middle of a raging pandemic.</p><p>An image of cake iced with the words "It really hurts - that's [worth] 389 million pesos?" has since gone viral.</p>
<div class="rm-shortcode" data-rm-shortcode-id="4387aad52ea316e4db7330052318ca2f"><div class="fb-post" data-href="https://www.facebook.com/theweekendpatisserie/posts/144564207350008"></div></div><p>"It's just a waste of precious resources," Torres said. </p><p>The environmental activist now also worries that she might be labeled a terrorist for speaking out under the <a href="https://www.dw.com/en/philippine-anti-terrorism-law-triggers-fear-of-massive-rights-abuses/a-53732140" target="_blank" rel="noopener noreferrer">Philippines' controversial new anti-terrorism law</a>. She says she could be arrested for inciting fear when talking about environmental dangers.</p>
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