justice
FOR IMMEDIATE RELEASE
Contacts:
Chris Winter
CRAG Law Center
Dvija Michael Bertish
Rosemere Neighborhood Association
ROSEMERE NEIGHBORHOOD ASSOCIATION WINS LANDMARK ENVIRONMENTAL JUSTICE CASE AGAINST EPA’S OFFICE OF CIVIL RIGHTS
Ninth Circuit Court of Appeals Criticizes EPA for a “Pattern of Delay” in Implementing Title VI of the Civil Rights Act
(September 18, 2009) Rosemere Neighborhood Association (”Rosemere”) is a non-profit community organization in Clark County, Washington, dedicated to environmental protection and the pursuit of improvements to low-income environmental justice communities.
In February 2003, Rosemere first filed a Title VI administrative complaint with EPA’s Office of Civil Rights (”OCR”) alleging that the City of Vancouver, WA had discriminated in the provision of municipal services in violation of the Civil Rights Act of 1964. Rosemere alleged that Vancouver failed to use EPA funds to address fairly long-standing problems in low-income and minority neighborhoods in West Vancouver.
On April 22, 2009, Clark County’s Board of Health (also known as the Clark County Commissioners) presented community awards to various organizations and individuals that have worked toward improving public health and safety. RNA was awarded a certificate of honorable mention as a “Community organization advocating for health promotion, disease prevention, and social justice through water quality advocacy and monitoring and improving neighborhood livability.” A total of ten community awards were given, including medical and dental caregivers, and health educators.
Click here to view the 2008 Public Health Community Award recipients and RNA’s Health Award Certificate in full view (pdf format).
On April 14, 2009, oral arguments were made in the Rosemere Neighborhood Association’s (RNA) appeal in its federal lawsuit against the Environmental Protection Agency (EPA) for failure to conduct an appropriate investigation into allegations of retaliation. RNA filed a Title VI Environmental Justice complaint with EPA in February 2003 alleging that the City of Vancouver had discriminated in the provision of municipal services in violation of the Civil Rights Act of 1964. Specifically, the Title VI complaint alleged that the city had discriminated against Environmental Justice neighborhoods by failing to address failing septic systems, the lack of a comprehensive sewer network, contaminated ground and surface waters, poor air quality, industrial pollutants, urban blight and decay, and long-range planning that fails to alleviate these stresses. RNA contends the EPA failed in its fiduciary duties to properly investigate the Title VI complaint which has led to ongoing legal proceedings.
On April 8, City inspections of a local stormdrain system that borders Rosemere found a dangerous cross connection with sewage lines. The problem was identified using specialized remote cameras in the stormdrain system. Unfortunately, the cross connection occurs at the Southwest Regional Office of the Washington State Department of Ecology. This means that raw sewage from a large and heavily staffed state office dedicated to environmental protection has literally been discharging to Burnt Bridge Creek for at least a dozen years.
On March 11, 2009, The Washington State Department of Ecology convened the technical advisory committee for the Total Maximum Daily Load study currently underway for Burnt Bridge Creek. This creek begins as a spring in East Vancouver, and flows 13 miles westward into Vancouver Lake. Monitoring stations have been established at various locations along the stream path. The study includes tributaries — Cold Creek, Petersen Channel and Burton Channel. Burnt Bridge Creek suffers from failures of various water quality standards, and the purpose of this study is to determine how to remedy the problems and improve water quality.
In August, 2007, RNA and Columbia Riverkeeper submitted a formal Citizen Petition for the Environmental Protection Agency (EPA) to conduct a Preliminary Assessment to consider Vancouver Lake a superfund site due to contamination from substances like PCBs. The Citizen’s Petition scored sufficiently for EPA to to move to the next step, which is a site inspection study. Contractors for the EPA arrived in Vancouver to gather around 30 sediment samples that will be shpped out of state for analysis at federally contracted laboratories.
Asian clams collected at Frenchman’s Bar, Vancouver
Asian clams collected at Frenchman’s Bar, Vancouver
Recent water quality monitoring efforts in the Columbia River have relied upon the analysis of clam tissue to determine the levels of dangerous toxins that have been absorbed by aquatic organisms. In Vancouver, high levels of PCBs, a cancer-causing agent, have been identified in clam tissues taken from samples in front of Alcoa at the Port of Vancouver, and downstream toward the mouth of the flushing channel to Vancouver Lake.
This editorial was published by the Columbian newspaper:
Sunday, December 14, 2008
By Dvija Bertish, Rosemere Neighborhood Association and Lauren Goldberg, Toxics and Conservation Director, Columbia Riverkeeper
The recent story regarding the City of Vancouver’s move to increase protections for our local creeks and rivers from the stormwater that carries thousands of pounds of heavy metals, pesticides, and oil from city streets should be welcome news to everyone who values clean water, salmon or the chance for your family to enjoy a swim in a local river or lake.
Posted 12:15 AM, April 13, 2008
Submitted to The Columbian, April 1, 2008
Last November 2007, the Columbian published an article “Tussle Over Trestle”. Local citizen, Ed Swindell, noted that a collapsed creosote laden railroad trestle was probably polluting Burnt Bridge Creek and it should be removed. This initiated finger pointing between Clark County and BNSF Railway over whose mess this was. Neither was inclined to claim property ownership.
2007 NEWSLETTER
SEPTEMBER 2007 NEWSLETTER
PROPOSED COAL-BURNING POWER PLANT
On September 20, 2007, representatives of Columbia Riverkeeper, Willapa Audubon Society, and the Rosemere Neighborhood Association, along with a number of other concerned citizens, attended a public hearing held by Washington’s Energy Facility Site Evaluation Council to voice their opinions about Energy Northwest’s proposed Integrated Gasification Combined Cycle (IGCC) power plant in Kalama, WA. The council took comments from the public on Energy Northwest’s greenhouse gas “sequestration plan” (view the plan at http://http:www.esfec.wa.gov/pmec.shtml).
