Analyze

“...Toxic Wastes and Race at Twenty (Bullard et al., 2007) revealed that communities of colour and poor communities were still being used as dumping grounds for all kinds of toxic contaminants. The authors discovered evidence that the clustering of environmental hazards, in addition to single sources of pollution, presented significant threats to communities of colour. Furthermore, the research showed that polluting industries frequently singled out communities of colour in siting decisions, countering the “minority move-in hypothesis”: the claim that people of colour voluntarily move into contaminated communities rather than being targeted in situ by dirty industries.” (122)

“Bullard (1990) has highlighted the problem of “Black Love Canals” throughout the United States, where issues of environmental injustice are deeply connected with environ- mental racism. For example, Bullard highlights the case of toxic DDT water contamination in the African American community of Triana, Alabama. In 1978, in the midst of the national media attention focused on Love Canal, residents in Triana raised complaints over ill-health effects and contaminated fish and waterfowl. Lawsuits in Triana against the Olin Corporation continued throughout the 1980s. Although the case is noted within environ- mental justice histories (see Taylor, 2014), it is not widely recognized or commemorated.” (126)

“Underpinning the slow, structural violence (see Galtung, 1969; Davies, 2019) of unequal and unjust toxic exposures is the problem of “expendability” … Pellow (2018) proposes that indispensability is a key pillar of critical environmental justice studies (alongside intersectionality, scale, and state power). This idea builds on the work of critical race and ethnic studies scholar John Marquez (2014) on “racial expendability” to argue that, within a white-dominated society, people of colour are typically viewed as expendable.” (127)

“National and international media headlines followed the Flint water crisis story as it unfolded, but, after the initial shock, Flint faded from media attention. It shifted from being a spectacular disaster to a case of slow violence. This paral- lels the dynamics of public memory surrounding many toxic disasters, struggles, and legacies.” (128)

The author’s main argument is two-fold. Acute environmental disasters (e.g., Chernobyl, BP Horizon Spill, Hurricane Katrina) that garnered public attention leave behind legacies of increased support for environmental action and legislation, although the public attention span is often too short for lasting change. At the same time, these disasters have received a disproportionate amount of public attention compared to the many more slow-moving toxicity disasters that affect people in more systematic but often less visible ways. Examples of this disparity include the contrast between the 1984 Bhopal disaster coverage, and the persistent toxicity in the area in the time since then in the form of industrial waste and infrastructure that is not maintained. It is additionally important to note that the cases that don’t receive much attention often affect marginalized groups (by race, socioeconomics) disproportionately.

1) "About 2,000 tons of asbestos and 424,000 tons of concrete were used to build the towers, and when they came crashing down they released dust laden with toxins."

2 "But as early as Sept. 13, Mrs. Whitman and the agency put out press releases saying that the air near ground zero was relatively safe and that there were "no significant levels" of asbestos dust in the air. They gave a green light for residents to return to their homes near the trade center site"

The article contains quotations attributed directly to the judge, so I would presume she was either present for the ruling or accessed the case brief. This would also be where Ms. Preston could obtain direct quotations from the plantiff's arguments. Additionally, the article includes statements from the EPA, public officials, and Senator Rodham Clinton; these would either be from official public releases or interviews by government personel. 

The article debriefs a ruling by Federal District Court Judge Deborah A. Batts on a class action lawsuit against the EPA. It details the claims made by the plantiffs' surrounding EPA officials' misconduct after 9/11. Specifically cited are Christie Whitman, who chaired the EPA  during the attacks, and several other EPA officials.

Judge Batts: Deborah A Batts, sitting judge of the Manhattan Federal District Court at the time of these proceedings. She handed down the ruling that allowed the pursuit of the class action lawsuit.

Christie Whitman: Former EPA "leader" (chair) at the time of the 9/11 attacks. She and several other officials (unnamed in this article) are accused of misleading the public about air quality surrounding the tower site.

EPA: Environmental Protection Agency. Federal agency charged with matters pertaining to the environment, particularly those that concern public health. The EPA often aids in creating standards for environmental safety (including pollution and airborne particles).

The article's primary focus is the failure of a government agency in the wake of the 9/11. The EPA's inadequate response to air pollution and subsequent public misguidance led to a multitude of public health issues. While the article does not explicitly detail the issues stated in this lawsuit, it does mention the EPA's failure to properly formulate and enact a plan to clean up materials released into the air.

1) EPA: what are the exact duties and responsibilities of the EPA after a disaster? While we mostly consider it to focus on pollutants and environmental conservation, both this article and FEMA training seem to indicate it holds a much larger role in emergency situations.

2) Christie Whitman: a former governor of New Jersey and Administrator of the EPA from 2001-2003, Whitman served during the 9/11 attacks. Despite pointed personal criticism about her time in the EPA (including legal action), Whitman historical demonstrated a pattern of moderatism, often putting her at odds with the administration she served. It would be interesting to see where in the 9/11 lapse emerged-- whether it be from judgement, misinformation, or disinterest.

3) 9/11 Health Effects: The release of millions of asbestos and concrete particles into the air certainly increases the odds of chronic respiratory issues for NYC populations. I would be interested in whether any other chronic issues or epidemics have been noted as a result of pollution from the Towers' collapse

Preston's article mentions the EPA still had not formulated and enacted a plan for cleanup-- it should be noted the year of publication was 2006. She claims "After an expert panel failed last year to settle on a method for organizing an E.P.A. cleanup, the agency said it would proceed anyway with limited testing and cleaning". Moreover, in the 10 years since publication, several studies have indicated increased public health risks and chronic illness prevalence in populations near the disaster zone. It seems the approach of sit-and-wait did nothing but exacerbate the issue, leading me to believe this will serve as a symbol in any future pollutant-laden disasters.

“Mrs. Whitman and the agency put out press releases saying that the air near ground zero was relatively safe and that there were "no significant levels" of asbestos dust in the air. They gave a green light for residents to return to their homes near the trade center site”

“By these actions," Judge Batts wrote, Mrs. Whitman "increased, and may have in fact created, the danger" to people living and working near the trade center.”