Abstract

Excerpted From: Shelly Taylor Page and Patricia A. Broussard, Environmental Racism in America: Minority Communities as Dumping Grounds for Environmental Waste, 49 Southern Illinois University Law Journal 199 (Winter, 2025) (282 Footnotes) (Full Document)

Environmental racism is a disturbing issue affecting Communities of Color and individuals living in poverty alike. Global warming and governmental policies disproportionately affect individuals within the groups mentioned above. This stark imbalance raises serious ethical concerns that must be addressed to ensure the well-being of all citizens. Marginalized communities across the United States are undeniably at a marked disadvantage when it comes to environmental hazards. The presence of Superfund sites in these areas leads to limited access and inferior quality of air, food, and water supplies, creating an unjust society where essential resources are not readily available. As a nation, we must confront this inequity to ensure all citizens have access to clean and safe environments regardless of socioeconomic status or background.

The significance of this Article lies in its contributions to the historical atrocities and discrimination African Americans have faced for centuries in the United States. This Article highlights and describes in detail three prominent examples of environmental racism that have occurred within the United States: The Flint, Michigan Water Crisis, The Dakota Access Pipeline, and Louisiana's Cancer Alley. All three of these detrimental incidents have been large-scale issues that have affected members of low-income areas and areas inhabited by minorities.

Inequity based on race is a significant issue in many parts of the world, particularly concerning access to necessary resources and services. The United States has taken steps to rectify this inequity by passing legislation to increase access to these essential resources and services; however, continuing egregious instances of environmental racism, such as the Flint, Michigan Water Crisis, illustrate the disparities in our society. Environmental racism refers to the disproportionate exposure of minority communities, primarily Black and low-income Americans, to pollution, toxic waste, and other environmental hazards. These communities often live in areas with fewer regulations and weaker protections, such as near factories, landfills, or industrial sites. Such conditions lead to higher rates of health issues like asthma, cancer, and other illnesses due to constant exposure to poor air quality, contaminated water, or unsafe living conditions. For example, Black and low-income communities are more likely to live near highways or areas where industrial waste is dumped.

Institutional racism fuels this issue by shaping policies, zoning laws, and economic opportunities in ways that grossly disadvantage these communities. Historically, redlining and segregation forced Black families into specific neighborhoods, many of which were in undesirable or hazardous areas. Even today, zoning laws and real estate practices often push poor Black Americans into areas that lack resources or environmental protections.

Both environmental and institutional racism fosters an environment where marginalized communities have limited access to safe, clean, and healthy living conditions, resulting in poorer health outcomes. Policies that prioritize the interests of wealthier, white neighborhoods while neglecting or exploiting the environment of poor and Black communities perpetuate this cycle of harm.

This Article explores environmental racism policies and how they manifest in the lives of those most impacted by their effects. This research also explores the proposed legislation that can be implemented to lessen the impact of environmental racism. By analyzing relevant laws and other public policies that have contributed to Superfund sites and disasters, such as Flint, Michigan, we can better understand how systemic failures, government oversight, corporate accountability, and environmental regulation disproportionately harm marginalized communities. Specifically, these policies have a particularly harmful impact on Black and low-income populations, perpetuating environmental injustice and institutional racism. This analysis reveals the urgent need for reforms prioritizing environmental health equity and stronger protections for vulnerable populations.

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Despite increasing awareness in the United States, environmental racism persists as a critical issue of justice, having long-term negative impacts on communities across America. In recent decades, recognition and initiatives towards this fight have gained momentum; however, there is still much to do, with unprecedented political division, economic instability, and climate change effects being prevalent obstacles to progress.

Several states have taken positive steps toward creating an equitable environment for all, despite being a politically divided nation. From state legislation to initiatives by the Biden Administration, momentum is building behind environmental justice and combating racism in our communities. There is tremendous hope that the trends identified will continue regardless of external factors.

However, comprehensive policy reforms are necessary to address African Americans' disenfranchisement in education and higher education. Reforms should include increased funding for K-12 schools in underserved communities, equitable access to advanced coursework, and support programs that foster college readiness. Higher education institutions must also prioritize diversity and inclusion efforts, ensuring African American students feel valued and supported throughout their academic journeys.

Furthermore, addressing the economic barriers to education is crucial. Policies aimed at reducing student loan debt, increasing financial aid opportunities, and promoting financial literacy can empower African American students to pursue higher education without the fear of crippling debt. Miseducation and non-education are critical factors that sustain structural racism in society. To dismantle these systems of inequality, it is essential to advocate for educational reforms that prioritize inclusivity, equity, and access to quality education for all. By addressing the roots of miseducation and non-education, we can empower marginalized communities, foster a more just society, and challenge the structural forces that uphold racial inequity. Education must serve as a tool for liberation, helping individuals understand and navigate their realities while contributing to the collective fight against racism in all its forms.

The disenfranchisement of African Americans in education and higher education is a multifaceted issue rooted in historical injustices and systemic inequalities. While progress continues, significant barriers still hinder African American students' access and success. Addressing these challenges requires a collective effort from policymakers, educators, and communities to create an equitable educational landscape that empowers all students to achieve their full potential. Only then can we hope to dismantle the cycles of disenfranchisement and build a more just society for future generations. Our pursuit of progress will lead to more equitable, safe communities. We must strive for a future where every citizen is respected and provided with the same level of protection against negligence or exploitation regardless of their socioeconomic standing. Toxic waste dumps, which cause contamination and health risks, must become an unacceptable practice so that we can empower those most vulnerable within our society.

Solving food and structural food quality issues requires an integrated approach that includes policy reform, community action, economics, investment, and education. Combining these strategies can lead to sustainable changes that ensure equitable access to healthy food for all communities.

Cheryl Taylor Page (Shelly) is the Director for Experiential Learning at Southern Illinois University Simmons Law School in Carbondale, Illinois. She is the author of Human Trafficking (Carolina Academic Press, 2nd ed., 2023) and has taught Criminal Law, Criminal Procedure, and Evidence.

Patricia A. Broussard is an unapologetically African American Professor of Law at Florida A&M University College of Law. She teaches Constitutional Law, the First Amendment, and Advanced Topics of Women and the Law.