The State of Environmenal Justice In America 2008 Is Ready

Conference Coordinator John Rosenthall, right, says everything is ready for The State of Environmental Justice in America 2008 Conference. We expect an exciting week of discussions about the current status of green equity.

Attendees and participants will be treated to a wide variety of subjects and the latest information related to environmental justice. Forums will address local, national and international environmental justice issues. Federal, state and local government perspectives will be represented at the conference. Private sector, NGO, and institutions of higher learning will be involved with dissemination of up-to-date data, anecdotes, research and development descriptions in the sectors affected by the environmental justice issue. There are also informational displays. The Howard University School of Law is happy to serve as host site for the second year and welcomes all participants.

So relax and network at this second annual conference. The planning committee has devised a stimulating program and we hope you all enjoy your attendance.

Interview: John C. Cruden, Deputy Assistant Attorney General

John C. Cruden, left, serves as the Deputy Assistant Attorney General in the Environment and Natural Resources Division of the U.S. Department of Justice. In that capacity, he is responsible for supervising a wide variety of environmental litigation, including civil enforcement actions in federal court for the key federal environmental statutes, including Clean Water Act, Clean Air Act, RCRA, Safe Drinking Water Act, and the Superfund law.

2008 EJ Conference, Inc.: What is the mission of the Environment and Natural Resources Division (ENRD) in the U.S. Department of Justice?

Mr. Cruden: The primary mission of ENRD is: (1) to represent the United States in enforcing the nation’s environmental and natural resources laws; and (2) to defend federal agencies that carry out policies and programs to implement these and other laws. ENRD has a docket of well over 7,000 pending cases and matters, with litigation in every judicial district in the nation. We are responsible for cases arising from more than 70 different environmental and natural resources laws.

2008 EJ Conference, Inc.: How does ENRD incorporate EJ into its mission?

Mr. Cruden: ENRD’s commitment to fairness and consistency in adopting, applying and enforcing all laws includes our strong position that no community should be subject to environmental harms stemming from illegal activity.

2008 EJ Conference, Inc.: What is your role in the 2008 EJ Conference?

Mr. Cruden: I am scheduled to make a presentation during the Conference’s plenary session on Thursday, May 22 along with representatives from EPA and the US Department of Energy.

2008 EJ Conference, Inc.: What message would you like those attending the Conference to take home?

Mr. Cruden: As we have described, environmental justice is an important part of the mission of the Environment and Natural Resources Division in the Department of Justice. ENRD addresses environmental justice concerns in our cases - both enforcement and defensive - and assists other agencies and communities through the Interagency Working Group under the Executive Order.

FULL INTERVIEW

Damu Smith

It has been two years since we lost this great environmental justice activist. Know that you are missed Damu. We need you now more than ever. (1952-2006)

Call for Environmental Justice Papers

The American Journal of Public Health (AJPH) intends to publish a themeissue that will feature current research and contributions ofenvironmental justice and community-based participatory research projects to the fields of environmental and occupational health. Key topics to be addressed include exposure assessment, especially as it relates to cumulative risk; environment-related diseases; communitybased approaches to improving exposure and disease surveillance for populations that are hard to track; and evaluation of partnerships designed to promote health research, education, and prevention/intervention programs for low-income, immigrant, and minority populations who may be disproportionately exposed to environmental and occupational stressors.

Research articles and briefs that address these issues and provideinnovative insights into the influence of economic and social factors on the health status of individuals exposed to environmental toxicants andoccupational hazards and their impact on public health will be considered. Papers that address novel models, approaches or theories on, but not limited to, capacity building; health communication strategiesthat consider culture, language, and literacy; policy change; andcommunity-based partnerships will be considered for Field Action Reports. Analytic essays on new research and communication strategies toaddress emerging environmental or occupational health problems will beconsidered for the Framing Health Matters; Government, Politics, andLaw; and Health Policy and Ethics forums. All manuscripts will undergothe standard peer review process by the AJPH editors and peer refereesas defined by AJPH policy. Submit manuscripts by August 1, 2008.

This special, on-line issue on Environmental Justice and Occupational Justice will be published electronically rather than physically. It will still undergo the same peer review rigor as any professional publication.The purpose of the special issue is to demonstrate the advancement of EJ and OJ since the early 1990s, and how projects in these areas have contributed to the fields of environmental health and occupational health. Hopefully, this special issue can serve as a means to clearly show the state of EJ and OJ. The submission date is August 1, 2008.
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Questions - contact--Liam O'Fallon, NIEHS Liam R. O'Fallon Program Analyst Division of Extramural Research and Training National Institute of Environmental Health Sciences National Institutes of Health U.S. Department of Health and Human Services P.O. Box 12233 (MD EC-21)Research Triangle Park, NC 27709(T) 919.541.7733 (F) 919.316.4606 (E) ofallon@niehs.nih.gov (W) www.niehs.nih.gov /science-education/Overnight Deliveries:79 TW Alexander Drive Bldg 4401, Room 3457 Research Triangle Park, NC 27709

Partnership for Environmental Health and Asthma Campaign

Title: Partnership for Environmental Health and Asthma Campaign - The Community Coalition for Environmental Justice

Abstract: Formed in April 2006, The Partnership for Environmental Health and Asthma (PEHA) provided community-based environmental education projects for the Rainier Beach area in Seattle, Washington. PEHA is a south Seattle-based community group that spearheaded a No-Idling campaign to address air quality in our neighborhoods. The PEHA project is a campaign of The Community Coalition for Environmental Justice (CCEJ). CCEJ is Seattle’s first environmental justice group. Convened by Black and Asian Pacific women in 1993 with support from a diverse group of organizations and individuals, CCEJ created a broad-based coalition that includes impacted residents, community activists, environmental groups, agencies and others to make environmental justice a major priority in Seattle.

CCEJ is a multi-issue, grassroots, multiethnic, nonprofit, 501 © 3 whose mission is to achieve environmental and economic justice in low-income communities and communities of color. CCEJ works to achieve our mission through grassroots organizing, direct action, policy advocacy and building community capacity to balance unequal distributions of power.

Secret Charles, MA
Toxic Beauty Outreach Specialist
CCEJ

Abstract: Building Community Capacity

Title: “Building Community Capacity through Environmental Education and Outreach Activities”

Abstract: Too many low income and underserved communities are impacted with environmental hazards, and community members are eager to understand what’s in their communities and how these hazards are connected to their health. The Environmental Justice Partnership (EJP) is a non-profit grassroots community organization which has evolved from being a research project to becoming a 501(c)(3) organization. The EJP’s mission is to build community capacity through conducting environmental education and outreach activities. These activities include venues like Chat & Chews, Toxic Tours, Community Research Advisory Boards, EJP Newsletters, EJP Day at the Market, Educational and Outreach Products developed with students from the Maryland Institute College of Art, and partnering with the Baltimore Region Environmental Justice in Transportation Project. These venues increase communities’ ability to become knowledgeable about environmental hazards while embracing true partnerships with researchers in all stages of the research planning, execution and dissemination of the findings.

Leon C. Purnell, President
Environmental Justice Partnership, Inc.
Baltimore, MD

Designing Chemical Safety Models for Community Organizations

Abstract Title: Designing Chemical Safety Models for Community-based Organizations

Overview: Katrina and 9/11 highlighted the importance of planning for and preventing accidental and intentional releases as well as limiting the impact of natural disasters on all populations, but especially low income communities. While few could predict a hurricane like Katrina or a terrorist attack like 9/11, one can assess risks and vulnerabilities in local communities and develop appropriate mitigating protocols and procedures to reduce human health and ecological impacts.

Objectives: Provide the environmental justice community with useful tools to reduce the risk of chemical exposure resulting from natural disasters as well as accidental and intentional releases into the environment. Offer tools for increased collaboration between community-based organizations, state and local preparedness officials, and business and industry.

Methods: Using the Computer-Aided Management of Emergency Operations (CAMEO) suite and standard exercise tools, we will demonstrate the location of facilities, populations and other receptors, and how to limit the impacts of releases. CAMEO is a suite of software applications used widely to plan for and respond to chemical emergencies. It was developed by EPA’s Chemical Emergency Preparedness and Prevention Office (CEPPO) and the National Oceanic and Atmospheric Administration (NOAA) Office of Response and Restoration to assist front-line chemical emergency planners and responders. CAMEO can be used to access, store, and evaluate information critical for developing emergency plans. In addition, CAMEO supports regulatory compliance by helping users meet the chemical inventory reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA, also known as SARA Title III) and Clean Air Act 112r.

Results: Provide attendees with useful tools to plan for, prevent and respond to chemical accidents and intentional releases.

Conclusions: Low income and minority populations can support and contribute to emergency preparedness consistent with ongoing environmental and public health planning exercises.

Deborah Brown, Chief, RCRA, EPCRA and Federal Programs, Environmental Protection Agency, Region I

Interview With Jeffrey M. Allison, Savannah River Project

Mr. Jeffrey M. Allison, left, was appointed Manager of the U.S. Department of Energy’s (DOE) Savannah River Operations Office (SR), Aiken, South Carolina, in March 2003. He is a career member of the Senior Executive Service with more than 24 years of experience in engineering, safety, health, process development, and management of DOE’s nuclear operations, including chemical processing facilities, and laboratories.

EJ Conference, Inc. What is the Savannah River Site (SRS)?

Mr. Allison: The SRS is a DOE Environmental Management (EM) program owned, 310-square mile site with about 11,000 employees and a $2 billion budget. SR’s current mission is to solve critical cleanup challenges with smart solutions; secure nuclear materials for safe consolidation, reuse or disposal; and transform the site for our nation's future. Today, SRS leads the DOE Complex in cleanup of the nuclear waste legacy, which is yielding important results for the site and the nation, such as:

Turning radioactive liquid waste to a solid, safe form;
Emptying and closing waste tanks with key support from regulators and the community;
Closing-in on completing the safe disposal of solid waste;
Protecting groundwater with early actions using unique technologies; and
Completing cleanup of large contaminated areas with smart approaches

EJ Conference, Inc. How has Environmental Justice (EJ) changed over the last 10 years at SRS?

Mr. Allison: Due to the culture during the Cold War era (1950s – 1980s), and the nature of our mission, SRS was under a shroud of secrecy for national defense reasons. However, in the mid 80s and after the Cold War ended, we began an active public outreach program to communicate the mission, vision, and goals. Given the many years of silence, SRS initially struggled to gain credibility and stakeholders’ trust. Continuing to broaden the EJ Program by collaborating with the Medical University of South Carolina and the National Small Town Alliance, has allowed us to communicate with more people.

FULL INTERVIEW

National Environmental Justice Advisory Committee Meeting

The 2008 NEJAC Meeting is scheduled for June 10 - 12, 2008 at the Washington Court Hotel on Capital Hill, 525 New Jersey Avenue, NW, Washington, DC 20001.

The next meeting of the National Environmental Justice Advisory Council (NEJAC) will be used to discuss and receive comments about:

(1) strategies to identify, mitigate, and/or address the disproportionate burden on communities of air pollution resulting from goods movement activities; and

(2) key issues related to the integration of environmental justice considerations in EPA's programs, policies, and activities, including green business and sustainability, natinally-consistent EJ screening approaches, and development of a State EJ grant program.

The NEJAC meeting will convene on Tuesday, June 10, 2008 at 1:00 p.m. and adjourn on Thursday, June 12, 2008 at 3:00 p.m. On Tuesday, June 10, 2008, members of the public will have an opportunity to provide comments about both topics during the public comment period. NEJAC was established to ensure that the U.S. Environmental Protection Agency (EPA) receives the viewpoints of diverse stakeholders on issues related to environmental justice. The NEJAC Executive Council consists of up to 26 members representing community groups; business and industry; state, local and tribal governments; and both environmental and nongovernmental organizations.

P UBLIC COMMENT: The Public Comment Period is scheduled for Tuesday evening, June 10, 2008 from 6:30 p.m. to 9:30 p.m. All speakers during the public comment period are limited to five minutes. To allow as many organizations as possible the opportunity to present their concerns, only one representative per organization should provide comments.

PRE-REGISTRATION: Please pre-register if you wish to attend the public meeting. There are three ways to pre-register, including: -- Pre-register online at www.nejacregistration.org -- Complete the pre-registration form, available at www.nejacregistration.org. Once completed, return the form by: fax: (781) 676-4005 or mail: Ms. Julianne Pardi, ICF International, 33 Hayden Avenue, 3rd Floor, Lexington, MA 02421. -- Request a hardcopy form by calling the toll-free NEJAC information line at (866) 390-5178 or e-mail your request to nejac@icfi.com. Return the completed form by mail to the address above. If you have any questions, please call the toll-free NEJAC information line at (866) 390-5178 or e-mail at nejac@icfi.com. Individuals who require special arrangements can contact Ms. Julianne Pardi, ICF International by: telephone: (866) 390-5178, fax: (781) 676-4005, or e-mail nejac@icfi.com.

Senate Passes Genetic Information Nondiscrimination Act

The Senate voted 95-0 to approve the Genetic Information Nondiscrimination Act (H.R. 493), which prohibits discrimination on the basis of genetic information with respect to health insurance and employment. The legislation now goes back to the House, which passed in the House of Representatives on April 25, 2007 by a roll call vote of 420 Ayes, 3 Nays, 9 Present/Not Voting. President Bush supports the legislation.

Title I - Genetic Nondiscrimination in Health Insurance: (Excerpt) Prohibits a group health plan from requesting or requiring an individual or family member of an individual from undergoing a genetic test. Provides that such prohibition does not: (1) limit the authority of a health care professional to request an individual to undergo a genetic test; or (2) preclude a group health plan from obtaining or using the results of a genetic test in making a determination regarding payment. Requires the plan to request only the minimum amount of information necessary to accomplish the intended purpose.

Title II - Prohibiting Employment Discrimination on the Basis of Genetic Information: (Excerpt) Prohibits, as an unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee from discriminating against an employee, individual, or member because of genetic information. Prohibits, as an unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee from limiting, segregating, or classifying employees, individuals, or members because of genetic information in any way that would deprive or tend to deprive such individuals of employment opportunities or otherwise adversely affect their status as employees.

Jody Platt Garcia and Corey Turner from the University of Michigan and the Genetics Equity Network, did an excellent job of coordinating educational outreach and support for this legislation. GEN also provided testimony before Congress in support of the bill. (The Washington Post) (2006 Howard Univ Conference)

EJ Conference 2008 Plugged on NPR on Earth Day

Listen Now

African American Environmentalist Association (AAEA) President Norris McDonald appeared on National Public Radio (NPR) on Earth Day (April 22) and discussed environmental and environmental justice issues. During the program he discussed the upcoming State of Environmental Justice in America Conference 2008.

The theme of the program was, "How Does 'Going Green' Impact Black America?" NPR writes:

"The environmental movement has become increasingly mainstream, but on this 38th anniversary of Earth Day, we take a look at how it affects African Americans. For people struggling to survive a tough economy, do they have time to care about being "green"? We get insight from Monique Harden, co-director of Advocates for Environmental Human Rights, and Norris McDonald, president of the African American Environmentalist Association."

Abstract: Household pesticides As An Environmental Justice Issue

Title: Household pesticides as an environmental justice issue: A review of the problem’s history and present policies and community action

Abstract: Health researchers have found evidence of class and racial disparities in household pesticide exposure since the late 1960s. Many explain these differences with reference to poor housing conditions, which force residents to choose between living with vermin and high levels of (often futile) chemical use. This paper traces the evolution of public policy and community action approaches to reducing indoor pesticide exposure. Residents have resisted spraying campaigns imposed by housing managers, but have also resorted to individual pesticide use. Recent lawsuits make the case that agencies such as Housing and Urban Development and the Environmental Protection Agency fall short of their duty to promote low-toxicity pest control methods. Activists have pressured housing agencies to involve residents in redesigning pest management campaigns and improve housing conditions overall. The paper argues that approaches which empower residents to take greater control of their housing conditions will produce the most sustainable and genuine results.

Dawn Biehler, University of British Columbia

Photo Courtesy The Early Show

Abstract: Arctic Contaminants Action Program

Title: “Arctic Contaminants Action Program (ACAP) Indigenous Peoples Community Action Initiative to Address Local Sources of Contamination in the U.S. and Adjacent Coastal Russian Arctic Communities”

Abstract: High levels of persistent organic pollutants and heavy metals have caused serious concern about health effects on the Arctic indigenous populations. These pollutants accumulate in the Arctic and are biomagnified in the food chain. Studies show that contaminants are found in alarming concentrations in the blood of indigenous peoples.

US EPA, Office of International Affairs, through the Arctic Contaminants Action Program, together with the Gwich’in Council International and Russian Association of Indigenous People of the North, developed an “Indigenous Peoples Community Action Initiative” to implement risks reduction measures associated with human exposure to contaminants, through management of toxic and hazardous wastes by the indigenous communities.

A focus of this Initiative is improving human health, training, information sharing and developing strategies for solutions through development of models to address environmental legacies at the community level. This paper discusses ongoing work in indigenous communities as model actions to achieve Environmental Justice.

Eleonora Barnes, EPA, OIA

Abstract: Artisanal Gold Mining in Senegal, West Africa

Title: Artisanal Gold Mining in Senegal, West Africa - The Reduction of Environmental Mercury Emissions Using Improved Technology and Training Office of International Affairs

Abstract: Approximately a quarter of the world’s gold supply comes from artisanal or small scale gold mining. It is also a significant source of mercury release into the environment in the developing world. Miners combine mercury with gold to form an amalgam. The amalgam is heated over an open flame to burn off the mercury, and gold is left at a purity of 70 to 80 percent. Mercury amalgamation results in 30% of the world’s anthropogenic mercury releases, affecting up to 15 million miners, including 4.5 million women and 600,000 children.

We are promoting the use of simple and cost-effective retorts to capture and reuse mercury during the mercury burn-off stage. The use of this technology will decrease the occupational exposure to mercury, its release into the environment, and its harm to communities and public health. This project was implemented in Senegal in 2006 to introduce miners to this retort technology.

Wendy M. Graham, EPA

Environmental Justice in Israel

Abstract Title: Environment, Planning and Society in Urban Space in Israel

The Environmental Justice Committee (EJC) was initiated 4 years ago by the umbrella organization of the environmental NGO's in Israel. The Environmental Justice Committee acts as conduit for social and environmental grassroots activities. EJC is also constructing environmental justice as a new thematic perception of environmentalism and developing it as a scientific discipline in Israel. The experience in the United States in the field of Environmental Justice is very relevant to the ability to promote Environmental Justice in different levels of activities (public, political, academic) in Israel.

Environmental Justice Report
(Issued at the Israeli parliament special event on the 6th of November).

Developed by Ms. Carmit Lubanov

The Environmental Justice Committee, Life & Environment and at Cohn Institute for History and Philosophy of Science and Ideas – Tel Aviv University (Link)

Abstract: Opportunities in the Nuclear Energy Industry

Abstract Title: Environmental Justice & Nuclear Power: Business Opportunities in the Nuclear Energy Industry

Abstract: The workshop will examine how African American businessmen and women can participate in the anticipated nuclear power plant construction renaissance. The workshop will bring together representatives from the nuclear power industry, entrepreneurs, and other stakeholders interested in assuring that America will have the power it needs to satisfy our society. It will also describe how minorities can participate.

Blacks do not generally own companies that provide energy products and services, particularly in the nuclear power industry. Blacks do not own any of the energy infrastructure in the U.S. There are many reasons for this lack of participation, but one glaring reason is the very large amount of money needed to participate in an ownership capacity in the energy sector. This workshop will examine how companies could benefit by serving as mentors to minority entrepreneurs and investors. It will also show how minority entrepreneurs, investors and other stakeholders can be helpful in assuring the success of these huge investments. Such partnerships could bring fresh perspectives and unique opportunities to both partners.

America is poised to launch a renewal of nuclear power plant construction, which will involve billions of dollars for each plant. There are huge opportunities to participate in this renaissance if minority entrepreneurs and investors are aware of the products and services needed. Of course, it would also help to have contacts in companies that will be building new plants. There are also many ancillary opportunities because of the nature of the business. These include transportation of nuclear waste by truck, rail and barge, security, construction of casks for transport of spent fuel to Yucca Mountain, electricians, physicists, metal and concrete workers, plumbers, computers, electronics, and more.

The workshop will also examine potential constraints to participation and how these problems can be overcome. Although nuclear power is not normally included as providing green jobs, this workshop will clearly describe how this industry will be creating such employment and how it can be leveraged to create opportunities in other areas, such as emissions trading. Finally, the workshop will describe how these opportunities in the nuclear area can also complement new developments in conservation, efficiency, coal, carbon dioxide and transportation fuels.

Developed by Norris McDonald

OPERATE NUCLEAR PLANT NOW

Seattle Mayor Greg Nichols Issues Executive Order On Race

Seattle Mayor Gregory Nichols, right, issued Executive Order 05-08 on Inclusive Outreach and Public Engagement that directs City departments to perform outreach and public engagement in a manner that reflects the racial and cultural diversity of Seattle. The Executive Order directs City departments to develop a common approach to outreach and public engagement and coordinate implementation Citywide.

Executive Order 05-08 further directs the Seattle Office for Civil Rights and the Department of Neighborhoods to co-lead implementation of this policy. The Executive Order was issued on April 4, 2008.

The Inclusive Public Engagement Policy states that, "The City of Seattle is committed to ending institutional racism and creating a city that is enriched by its diverse cultures, with civic participation by all community members."

Inquiries regarding the Executive Order should be directed to the Race and Social Justice Initiative Manager in the Seattle Office for Civil Rights at (206) 684-4500.

Executive Order 05-08

Attachment A: Inclusive Public Engagement Policy

City of Seattle

Abstract: GIS Applications in EJ Research and Activism

Title: Workshop: Geographic Information Systems Applications in Environmental Justice Research and Activism

Abstract: Since the incipience of the modern Environmental Justice Movement, cartography and map interpretation have played significant roles. The 1983 U.S. General Accounting Office study “Siting of Hazardous Waste Landfills and Their Correlation with Racial and Economic Status of Surrounding Communities,” and the 1987United Church of Christ report “Toxic Waste and Race in the United States” were both largely based upon spatial analysis of the correlation between toxic hazards and geographic regions occupied by people of color groups.

The pivotal 1992 National Law Journal article “Unequal Protection” included regional demographic analyses to reveal that the U.S. Environmental Protection Agency (EPA) had been posing much higher fines for polluters in “white areas” than for polluters in “minority areas.” Dueling applications of geographic information systems (GIS) maps were the focal point in the seminal “Select Steel Case” during the late 1990s at Flint, Michigan. The EPA Region V “Environmental Justice Assessment Process Flowchart” specifically mentions using GIS as a means to determine the status of “environmental justice communities.”

Drawing from over 20 years experience with GIS, the presenter will detail the evolution of GIS and geospatial technology from the beginnings of the movement to the present. Cases studies will be described in order to demonstrate effective applications of GIS-based approaches in environmental investigations. Options for making software available to grassroots organizations will be shared, in addition to the numerous mapping tools now available online to support environmental justice investigations. Opportunities for free and/or low-cost GIS training will be noted.

David A. Padgett, Associate Professor of Geography, Tennessee State University

Are Green Jobs The New Environmental Justice?

Recent conferences sponsored by traditional environmental groups and minority-led groups in Pittsburgh and Memphis have touted the coming of green jobs as a result of building solar and wind projects to mitigate global warming. Hopefully this will happen, but history says it will be an uphill climb. Unions joined with a couple of mainstream green groups in sponsoring one of the conferences, but none of the environmental groups are union. There is talk of mainstream green groups and environmental justice groups cooperating to create green jobs, but not even a handful of African Americans work as policy professionals at traditional environmental groups. One would think that would be a logical place to start in creating green jobs for low-income people and members of minority groups, particularly since their combined budgets total $6 billion annually.

Congress just passed The Green Jobs Act of 2007 this past December, but the Comprehensive Employment and Training Act (CETA) had similar goals back in the 1970s. The presidential candidates are also chatting up 'green jobs' as the mechanism for solving the twin problems of low-income/minority job needs and global warming. In addition, renewable energy tax incentives were renewed by the Senate last week and now move to the House for consideration. Renewables will need all the help it can get because solar and wind currently generate much less than 1% of our nation's electricity needs. So hopefully the big corporations and the little entrepreneurs will get together and pump up renewables in the name of jobs creation and climate change mitigation. The economy is also heading south right now so any job creation will be a good thing. However, these should be real jobs that are produced for real people and not just inspirational rhetoric in the name of environmental justice, climate change and mainstream environmental group fundraising.

Abstract: Legal Session #1

Title: Community Benefits Agreements (CBA): Opportunity or Trap for Community Groups?

A community benefits agreement, or CBA, is a private contract between a developer and a community coalition that sets forth the benefits that the community will receive from the project. Common benefits include living wages, local hiring and training programs, affordable housing, environmental remediation and funds for community programs. CBAs ensure that development is equitable and benefits all members of the community, eventually contributing to stronger local economies, livable neighborhoods and increased public participation in the planning process.

While CBAs are strongly supported by many stakeholders, they are not always perfect vehicles to promote social justice issues. Practical problems from organizing large and diverse coalitions of community groups to negotiating with legally and politically sophisticated developers can make CBAs unwieldy tools in many cases. Moreover, CBAs have yet to stand the test of judicial review. This session will explore the opportunities and shortcomings of CBAs in more detail, providing examples of successful, and not-so-successful CBAs, and discussing some of the problems that may arise during the community organizing, negotiating and implementation phases. Finally, questions about the enforcement of CBAs and their legal validity will be addressed.

Patty Salkin Developed Session
Associate Dean and Director
Government Law Center of Albany Law School