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This article originally appeared in Inside EPA Weekly Report on April 15, 2011. It is reprinted here with permission of the publisher, Inside Washington Publishers. Copyright 2011. No further distribution is permitted.
Click here to view article (pdf format): Report Attacks EPA Civil Rights Office As DOJ Fights Pollution Complaint
EPA, under the direction of Administrator Lisa Jackson, has released a redacted version of the Deloitte Consulting LLP Final Report on the Evaluation of the EPA Office of Civil Rights (OCR).
Rosemere Neighborhood Association (RNA) Title VI Complaint and subsequent Settlement Agreement between RNA and EPA of March 2010 figure prominently in the Report (See page 2 of Deloitte Report, link provided below):
This situation has exposed EPA’s Civil Rights programs to significant consequences which have damaged its reputation internally and externally. In the Rosemere Neighborhood Association case regarding the timeliness of a Title VI complaint response, it was found that “OCR’s failure to process the Retaliation Complaint in accordance with the timeline set forth in 40 C.F.R. S7.115(c)(1) constitutes agency action unlawfully withheld pursuant to the Administrative Procedures Act, 5 U.S.C. S706(1).” 5 OCR’s performance has also damaged its reputation within EPA. It was noted repeatedly in interviews with EPA staff and management that OCR has been viewed as an organization that performs poorly and does not offer specialized expertise.
Deloitte’s assessment reveals a bleak accounting of the anti-discrimination processes within the OCR, listing, among others, these issues:
CEQ Chair Nancy Sutley, EPA Administrator Lisa P. Jackson, NEJAC Chair Elizabeth Yeampierre, and South Carolina State Representative Harold Mitchell deliver opening remarks at the White House Forum on Environmental Justice, December 15, 2010 (Photo by Eric Vance, US EPA)
Rosemere has attended various meetings held by the Oregon Environmental Justice Task Force, and the Task Force has been supportive of Rosemere’s work. To date, Lisa Jackson, director of EPA, has refused to meet with Rosemere to discuss the 9th Circuit Case in Rosemere v. EPA, where the court found EPA had broken the law by failing to investigate Title VI complaints filed with EPA’s office of Civil Rights. Environmental Justice Communities around the nation have experienced the same failures by EPA, and have called for the Office of Civil Rights to be be revamped.
Professors Will Collin and Robin Collin of Willamette University attended the White House Forum on Environmental Justice in Washington DC as recipients of the national award to Oregon Environmental Justice Task Force. This was the first convening for the cause of Environmental Justice in a decade. Mrs. Collin was able to provide some important remarks on what is needed to support the Environmental Justice movement, as noted in Part 3 of the Youtube video [Read More...]
Please click on the arrow to begin the video.
Dvija Michael Bertish recently sat down with Jake Thomas, Web Editor & News Reporter of the Portland Observer on Portland Observer Hour, and discussed the history of Rosemere Neighborhood Association’s landmark environmental justice case as well as our dedicated work for environmental protection and improving the status of environmental justice communities. [Read More...]
PRESS RELEASE****PRESS RELEASE****PRESS RELEASE
ROSEMERE NEIGHBORHOOD ASSOCIATION SETTLES LANDMARK ENVIRONMENTAL JUSTICE CASE AGAINST EPA’S OFFICE OF CIVIL RIGHTS
Contact: Ralph Bloemers, Crag Law Center Tel. (503) 525-2727
Contact: Dvija Michael Bertish, Rosemere Neighborhood Association, Tel. (360) 281-4747
www.crag.org , www.rosemerena.org
(March 22, 2010) Judge Benjamin H. Settle, US District Court of Washington, entered a Stipulated Judgment in favor of the Rosemere Neighborhood Association on March 19, 2010. Rosemere is a non-profit community organization based in Clark County, Washington dedicated to environmental protection and improving the status of environmental justice communities. In entering the judgment, Judge Settle approved the final Settlement Agreement between Rosemere and EPA that concludes a seven year stretch of administrative Title VI complaints and litigation.
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.
Soon after, the city of Vancouver began an investigation into the internal operations of Rosemere and then revoked Rosemere’s status as a “recognized” neighborhood association. The city also stripped the neighborhood of its historical name, actions later deemed “suspicious” by EPA in an investigative report. Rosemere filed a second Title VI complaint with the EPA in December 2003 alleging retaliation by the city of Vancouver. Rosemere filed suit against EPA on two separate occasions citing EPA’s failure to accept, investigate, and issue findings on Rosemere’s complaints. Each time, EPA responded to Rosemere only after the litigation was filed and EPA sought to dismiss the cases as “moot.”
In September 2009, the Ninth Circuit reversed the District Court’s ruling to dismiss Rosemere, citing EPA’s “consistent pattern of delay.” The appellate court substantiated the claim that Rosemere is in “realistic danger of sustaining a direct injury as a result of the agency’s [EPA's'] disregard of its own regulations.” Chris Winter, an attorney with the Crag Law Center, a Portland-based public interest law firm, represented Rosemere in all three cases against the EPA. “For years, EPA’s Office of Civil Rights ignored civil rights complaints from all across the country. This case sheds light on a long-standing national struggle for justice.”
Dvija Michael Bertish, Rosemere’s Director of Environment and Conservation, said “We will continue to push the Office of Civil Rights to do the job it was supposed to do years ago, and insist that EPA clean up its act.” In the Settlement Agreement, EPA’s Office of Civil Rights admits that its actions were unlawful when it failed to process Rosemere’s complaint of retaliation against the City of Vancouver. The Stipulated Judgment and Settlement Agreement require the EPA to take action on any additional Title VI complaints submitted by Rosemere over the next five years in accordance with regulatory timelines. The Stipulated Judgment and Settlement Agreement also require EPA to report quarterly to the Rosemere Neighborhood Association for the next five years and specifically track the status of all Title VI administrative complaints submitted to and investigated by EPA.
To view documents, click on these links:
Stipulated Judgment Rosemere v EPA
Signed Settlement Agmt Rosemere v EPA
Ninth Circuit Court Decision Rosemere v EPA
Stormwater Outfalls
FOR IMMEDIATE RELEASE: February 18, 2010
Contact: Jan Hasselman, Earthjustice, (206) 343-7340 ext. 25
Clark County Challenged for Weak Stormwater Controls
Clean water advocates put county on notice illegal loopholes must be closed
Vancouver, WA–Clean water advocates, represented by Earthjustice, today formally put Clark County on notice it could be sued under the federal Clean Water Act for on-going failure to protect fish, drinking water supplies, and rivers, and comply with laws limiting stormwater pollution.
The 60-day notice letter says Clark County’s inadequate pollution standards will generate illegal stormwater pollution that will harm salmon, streams, groundwater and other natural resources. Damage to rivers and streams from the new development will force taxpayers, rather than the developers, to pay for the impacts of urban stormwater runoff, including flooding, property damage caused by erosion, and threats to the county’s drinking water supply.
Stormwater is a toxic mix of grease, metals, pesticides, herbicides, bacteria and nutrients. When dirty stormwater runs off parking lots, buildings, and other urban development, it carries with it toxic metals, particularly copper and zinc, which harm salmon and other aquatic life. Large unnatural flushes of runoff during storm events also cause damaging erosion in streams that destroys salmon habitat and that gets worse with each additional storm.
The National Research Council, an independent institute created by Congress which produces peer-reviewed studies, recently issued an exhaustive report on the impacts stormwater runoff and warned of its long-term, costly impacts. According to the National Research Council, “[s]tormwater runoff from the built environment remains one of the great challenges of water pollution control, as this source of contamination is a principal contributor to water quality impairment of waterbodies nationwide.” Urban Stormwater Management in the United States, National Research Council (Oct. 15, 2008)
“There needs to be a level playing field for all cities and counties,” said Earthjustice attorney Jan Hasselman, who is representing the groups. “Every other jurisdiction in Western Washington is required to meet updated standards for reducing stormwater impacts, but Clark County got a special deal that hurts taxpayers and clean water.”
The letter emphasizes the advocate’s interest in finding solutions that don’t require litigation. “We’re asking Clark County to come to the table to discuss what can be done to reduce stormwater pollution and comply with the law,” said Brett VandenHuevel, the Executive Director of Columbia Riverkeeper.
Earthjustice attorneys Jan Hasselman and Janette Brimmer are representing Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center in the notice. Earlier this month, Earthjustice filed an appeal on behalf of these groups asking the Washington State Pollution Control Hearings board to throw out a lopsided agreement between Clark County and the Washington Department of Ecology that allowed Clark County to maintain its inadequate stormwater standards.
Federal law required Clark County to adopt new rules governing runoff from development by August of 2008. Rather than comply with Clean Water Act requirements, the county knowingly adopted a significantly weaker flow control standard for new development. While Ecology initially sought to bring an enforcement action against the county for failing to adequately manage stormwater pollution, it later agreed to let Clark County retain the insufficient standards that don’t meet the requirements of clean water laws.
For a pdf version of the 60- Day Notice, click here.
FOR IMMEDIATE RELEASE
February 1, 2010
Contacts:
Jan Hasselman, Earthjustice, 206-343-7340 ext. 25
Dvija Michael Bertish, Rosemere Neighborhood Association, 360-281-4747
Brett VandenHeuvel, Columbia Riverkeeper, 503-348-2436
Mark Riskedahl, Northwest Environmental Defense Center, 503-768-6673
Clean Water Advocates Fight For Stronger Stormwater Controls in Clark County
Lawsuit filed to protect salmon and close illegal loopholes
Lacey, WA.–Local residents and clean water advocates today filed a challenge to Clark County’s on-going failure to protect rivers, streams and comply with laws limiting stormwater pollution.
The public interest law firm Earthjustice filed an appeal on behalf of three local conservation organizations asking the Washington State Pollution Control Hearings Board to throw out a recent agreement between Clark County and the Washington Department of Ecology. Local residents and clean water advocates argue the state authorized inadequate development standards that will generate illegal stormwater pollution.
“Clark County’s refusal to comply with state stormwater requirements is unfair to other cities and counties that are working hard to clean up our polluted waterways,” said Earthjustice attorney Jan Hasselman, who is representing the groups. “When it comes to clean water, everyone needs to do their share.”
Stormwater contains toxic metals, oil, grease, pesticides, herbicides, bacteria and nutrients. Last year, the Environmental Protection Agency released a startling report on toxics in the Columbia Basin, which identified stormwater as a leading cause of toxic pollution in the Basin. When stormwater runs off parking lots, buildings, and other urban development, it carries with it toxic metals, particularly copper and zinc, which harm salmon and other aquatic life.
Under a lopsided deal reached in early January, Ecology agreed to allow Clark County to retain inadequate stormwater standards for new development in exchange for a promise to implement county-funded stormwater mitigation projects.
However, Clark County is already required to implement these projects under federal law. Additionally, the agreement allows Clark County to mitigate new development anywhere in the county, up to three years after the development occurs.
“Clark County’s approach to stormwater is a bad deal for clean water and species like salmon because developers will continue to use outdated and inadequate building standards,” said Dvija Michael Bertish of the Rosemere Neighborhood Association, one of the appellant groups. “It’s also a bad deal for taxpayers because it transfers the burden of mitigating stormwater from developers to the public.”
“From subsistence to recreational fishing, so many people in our area rely on fish from local streams and rivers,” explained Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “Given the direct harm of stormwater toxics on salmon, we need our state and Clark County to comply with the law to protect the salmon and the people who rely on them.”
Federal law required Clark County to adopt new rules governing runoff from development by August of 2008. Rather than comply with Clean Water Act requirements, the County knowingly adopted a significantly weak flow control standard for new development. While Ecology initially sought to bring an enforcement action against the county, it later agreed to let Clark County retain the insufficient standards.
“Clark County is allowing development that does not change the rate of stormwater flow even though this flow continues to damage creeks and rivers,” said Dennis Dykes, an expert hydrogeologist who has reviewed the Clark County’s proposal. “The stormwater ordinance and the proposed flow control program are not protective of water quality and endangered species like salmon. There is simply no scientific basis for allowing continued degradation of one watershed in exchange for a plan to do something beneficial somewhere else.”
The appealing groups include Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center. They are represented by attorneys Jan Hasselman and Janette Brimmer of Earthjustice. A copy of the appeal is available by contacting Jan Hasselman, 206-343-7340 ext. 25.
A copy of the EPA’s toxics report for the Columbia is available here at http://yosemite.epa.gov/r10/ecocomm.nsf/Columbia/SoRR/
About the Pollution Control Hearings Board
The Pollution Control Hearings Board acts like a court for appeals of state environmental regulations. The three board members hear appeals from orders and decisions made by the Department of Ecology and other agencies as provided by law. The Board’s function is to provide litigants a full and complete administrative hearing, as promptly as possible, followed by a fair and impartial written decision based on the facts and law. The Board is not affiliated with the Department of Ecology or any other state agency. The Board consists of three members, who are appointed by the governor and confirmed by the State Senate for staggered six-year terms.
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For a pdf version of this Press Release, click here.
To view the Notice of Appeal to Washington State Pollution Control Hearings Board, click here.
From The Oregonian, read article here.
From The Columbian, read article here.
From the Lake Stevens Journal, read article here.
From Inside Washington Publishers, September 28, 2009. Appears here with permission of the publisher.
Click here to view article (pdf format): Jackson Orders Agency to Speed Civil Rights Claims Reviews
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 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. [Read More...]
