Environmental justice and the fight against toxic exposure

I firmly believe in environmental justice, the principle that people of all races and backgrounds should be equally protected by environmental laws. This belief has been a guiding force in my work as an environmental lawyer.

However, environmental justice goes beyond legal protection. It also emphasizes fair access to decision-making processes related to environmental issues, ensuring that everyone is treated equitably. Unfortunately, this principle often becomes critical in communities already burdened by other forms of injustice, where environmental inequities compound their struggles, turning it into yet another fight for survival.

The scope of environmental hazards

Environmental hazards are extensive and include industrial waste, pollution of air, water supply, and pesticide usage, all of which are harmful to human health. It is not as if these toxins are readily harmful, it’s the accumulated effect over lifetimes that is most devastating as a result of an ever-increasing vector of social problems.  

Common environmental toxins and their effects

1. Air pollution – the increased presence of particulate matter due to industrial emissions leads to the widespread presence of lung-related diseases such as asthma, chronic bronchitis, and so on.
2. Water contamination – heavy metals, nitrates, and per- and polyfluoroalkyl substances are some of the pollutants that negatively affect drinking water, rendering it unsafe for consumption for humans.
3. Industrial waste – Improper disposal of waste and materials can lead to carcinogens and neurotoxins blending in and contaminating soil and groundwater posing dire health risks.
4. Pesticides – the use of pesticides over an extended period has been known to cause cancer aiding in the disruption of the endocrine system as well as developmental disorders.  

Cumulative impact

The malignant effects of such factors do not restrain to indulging individuals alone; prolonged orientation into such factors also has community-wide ramifications with respect to health, lifting up the expenses associated with health care, depreciating the worth of assets all the while promoting the vicious system integrating wealth and ill health.  

Disproportionate impact on vulnerable communities

Environmental injustice can be observed predominantly in low-income areas and among people of color who tend to reside near factories, highways and sites like landfills. The situation is worsened due to structural impediments like insufficient regulatory action on the environmental law.  

Key statistics

• According to a report, it is estimated that children of color, especially Black children are exposed to higher levels of air pollution and this contributes to them suffering from asthma at a rate 1.5 times greater than white children.
• Recent studies reveal that cancer sufferers in communities surrounding industrial areas have increased between 20% and 30%, with the majority of this being caused specifically due to emissions from industries that are cancerogenic.
• Furthermore, in certain areas up to 40% of tribal households do not have access to safe water highlighting the fact that the water quality for Native Americans and Alaskan Natives is at a risk of being unsanitary.

Disparities such as these have emerged due to racism-embedded resource allocation practices of American urban planning for many decades that were later gentrified but without adequate political influence to enforce it.  

AFFF contamination: A real-world example

It is suggested that one of the biggest and immediate recipients of environmental injustice is aerial foam particularly PFAS foam, which forms Aqueous Film Forming Foam used for extinguishing fires.  

Community exposure

It is advised that AFFF foam degrades to cause pollution to the water sources surrounding military cantons and industrial important sites. Residents in these areas often consume contaminated water for years before discovering the risks. For instance:  

• Societies adjacent to military bases claim awareness of higher cancer rates due to instances of PFAS contact in drinking water.
• Farmers have experienced soil pollution that through altering their livelihoods and food sources.  

Legal action and accountability

Many hundreds of claimants have joined legal suits against the manufacturers of AFFF, blaming the companies for causing PFAS pollution. These lawsuits aim to secure compensation for victims and push for stricter regulations on the use of these hazardous chemicals.  

The fight for environmental justice

The fight for the environment has been organized over the years, and today we have various resources and work teams.

Grassroots activism

Local organizations play a pivotal role in advocating for affected communities. Groups like the Environmental Justice Foundation amplify voices, organize protests, and push for policy changes.  

Regulatory frameworks

The purpose of federal and state regulations, such as EPA action plans, is to ensure that cases of toxic exposure receive due focus. However, gaps in enforcement often leave communities at risk unprotected. There are moves to bolster these laws further, such as the prohibition of the use of PFAS in firefighting foams.  

Legal recourse for affected communities

Victims surely can file class action lawsuits against the responsible entities, go for federal restitution, or ask the local population to organize community cleaning activities. These avenues are critical for achieving justice and deterring future negligence.  

The broader implications of environmental injustice

Environmental hazards are not isolated issues—they intersect with broader societal challenges like inequality, public health, and economic instability. When communities are freed from the burden of toxic exposure, they experience:  

• Improved Health: Reducing chronic illnesses like asthma and cancer lowers healthcare costs.  
• Economic Growth: A better environment makes it possible to create businesses and improve the value of existing properties.
• Social Equity: Inclusion of marginalized groups leads to better-informed policies.  

Conclusion: A call to action

Environmental justice is not a “good to have”—it is the way to improve societies as a whole. Marginalizing exposure to toxins through better regulations, active communities, and cleanups are the ways to achieve this. 

I call on everyone—policymakers, activists, and individuals—to join the fight. By standing together, we can ensure that every community, regardless of its demographics, has the right to a clean, safe, and thriving environment. The time to act is now.

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