Dignity Rights and Environmental Justice Symposium Widener University Delaware Law School Wilmington, DE April 13, 2018

Environmental Justice and Cumulative Impacts Nicky Sheats, Esq., Ph.D. Director, Center for the Urban Environment, John S. Watson Institute for Public Policy of Thomas Edison State College and member of the New Jersey Environmental Justice Alliance

Environmental Justice, Cumulative Impacts and Dignity Rights Nicky Sheats, Esq., Ph.D. Director, Center for the Urban Environment, John S. Watson Institute for Public Policy of Thomas Edison State College and member of the New Jersey Environmental Justice Alliance

Game Plan Cumulative impacts, race and class; Cumulative impacts and dignity rights; NJ EJ Alliance cumulative impacts statewide policy; NJ EJ Alliance statewide policy vs EJ bill from Sen. Booker’s office.

Cumulative Impacts: How do we address multiple pollutants emitted by multiple sources of pollution in a community and their interaction with each other and social vulnerabilities?

A Preliminary Screening Method to Estimate Cumulative Environmental Impact Presentation by the New Jersey Department of Environmental Protection to the Environmental Justice Advisory Council December 2, 2009

Indicators: NATA diesel (1999) NATA cancer risk NJDEP benzene estimates Traffic (all) Traffic (trucks) Density of major regulated sites Density of known contaminated sites Density of dry cleaners Density of junkyards

Dignity Rights What are the implications for dignity rights?

Problem: We attempt to regulate pollutant by pollutant through individual standards. But there can be detrimental health effects even if no individual standard is violated.

NJ EJ Alliance Cumulative Impacts Policy: Municipal Policy: Model Ordinance Statewide Policy: Integrating cumulative impacts into NJDEP and EPA permitting

Statewide Policy: Identify EJ and overburdened communities

No net increase of pollution emissions in neighborhood. New Permits: No net increase of pollution emissions in neighborhood. By either: No emissions Offsets in neighborhood > emissions

Permits Up For Renewal: Net decrease in pollution emissions in neighborhood. By either: Reduced emissions Offsets in neighborhood > emissions

Overburdened EJ Communities: Eligible for incentives and resources that would: Attract non-polluting industry Attract the use and development of renewable energy and energy efficiency Attract suppliers of fresh food Increase open space Increase environmental enforcement

Need To: Add goals and a timetable to policy. Add detail to “net decrease in pollution” and “net decrease in pollution emissions”. Define Overburdened

EJ Bill From Sen. Booker’s Office If due to potential cumulative impacts there is not a reasonable certainty of no harm……

Color Scheme

END Nicky Sheats, Esq., Ph.D. 609-777-4351 ext. 4280 nsheats@tesc.edu