Black Community In West Virginia Takes Legal Action Against EPA Over Hazardous Air Pollution

A citizens’ group in West Virginia has taken legal action against the Environmental Protection Agency (EPA), accusing it of failing to safeguard predominantly Black communities in West Virginia, Louisiana, and Texas from harmful, cancer-causing chemicals.

 

According to a 2021 report by Mountain State Spotlight and ProPublica, predominantly Black communities across the U.S., such as Institute in West Virginia, bear a disproportionate health burden from industrial pollution. The report found that the cancer risk from industrial air pollution in majority-Black census tracts was more than twice that in majority-white areas.

 

Despite the EPA proposing stricter air pollution rules for chemical plants and other industrial facilities earlier this year, these new regulations would not apply to the main ethylene oxide polluters in West Virginia due to their classification under a different industry category in EPA regulation.

 

Pam Nixon, a former resident of Institute and member of People Concerned About Chemical Safety, expressed her community’s feelings of neglect by the EPA. She emphasized that justice will only be served when all communities are treated equally and everyone can breathe clean air without it impacting their family’s health.

 

The lawsuit highlights that the EPA failed to meet a legal deadline to update federal emissions standards for facilities producing polyether polyols, chemicals that result in the emission of carcinogens including ethylene oxide. These facilities are significant pollution sources that disproportionately affect communities of color and lower-income areas.

Keep Reading!

"Institute, located in one of only two majority-Black census tracts in West Virginia, faces an excess cancer risk from industrial air pollution 36 times higher than what the EPA deems acceptable."

a black and white photo of a smoke stack

Institute, located in one of only two majority-Black census tracts in West Virginia, faces an excess cancer risk from industrial air pollution 36 times higher than what the EPA deems acceptable. This is largely due to the nearby Union Carbide plant, a major player in West Virginia’s “Chemical Valley,” which produces ethylene oxide used in various products like antifreeze, pesticides, and sterilizing agents for medical tools.

 

A 2021 ProPublica analysis ranked the Institute plant 17th out of over 7,600 facilities nationwide that increase estimated cancer risk in nearby communities. Dow Chemical, owner of Union Carbide, has not responded to requests for comment.

 

The lawsuit also draws attention to elevated cancer risks in “Cancer Alley” along the Mississippi River between Baton Rouge, Louisiana, and New Orleans, as well as around Houston, Texas. Both regions have clusters of polyether polyol production facilities.

 

The Louisiana Environmental Action Network and the Sierra Club have joined the West Virginia organization in its lawsuit against the EPA. The EPA is legally required by the Clean Air Act to review and update emission standards for hazardous air pollutants every eight years. However, according to Adam Kron, an attorney for Earthjustice representing the environmental groups, no substantive revisions have been made to these emission standards since 1999.

 

SOURCES:

  1. “Black Community In W. Va. Sues The EPA Over Toxic Air Pollution” 1
  2. “Overlooked by the EPA, a Black West Virginia community sues over air pollution” 2
  3. “West Virginia Operations | Locations | Dow Corporate” 3
  4. “Union Carbide Buys Back Troubled West Virginia Plant” 4
  5. “How We Created the Most Detailed Map Ever of Cancer-Causing Industrial Air Pollution” 5
  6. “The Most Detailed Map of Cancer-Causing Industrial Air Pollution in the U.S.” 6
  7. “EPA Proposes Air Pollution Reforms for Industrial Facilities – ProPublica” 7
  8. “Cancer Alley – Wikipedia” 8
  9. “JEFFOL® Polyether Polyols – Example” 9
  10. “Polyols and Alkoxylates – Chemicals – Carpenter Co.” 10
  11. “EPA faces air emissions suit over polyether polyol production rules” 11
  12. “IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA – US EPA” 12
  13. “Sierra Club Files Lawsuit Against EPA to Hold Louisiana Accountable for Air Pollution | Sierra Club” 13

Please note that these sources were accessed as of 2023, and the information might have been updated or changed since then.

 

Browse More Articles!
Scroll to Top