Assignment #6

http://www.azcentral.com/news/articles/2008/08/15/20080815pierceletter15.html?&wired

In July 2004 the Arizona Department of Environmental Quality filed a lawsuit against Honeywell Inc for violations between 1974 and 2004. ADEQ alleged violation of Arizona Water Quality Control Act, Arizona Hazardous Waste Disposal Act, and Arizona Underground Storage Tank Act for acts which included dumping illegal substances into the sewer system, failing to cleanup fuel leaking from underground tanks (that eventually seeped into the groundwater), and failing to disclose these violations for multiple years. These damages were instituted at a Honeywell factory near the Sky Harbor airport in South Phoenix. This suit settled in 2008 with Honeywell agreeing to pay a $5 million civil penalty fee and a $1 million supplemental environmental project. It is the award of this $1 million SEP which I believe to be an environmental justice abuse.

As part of the settlement Honeywell agreed, at the State of Arizona’s suggestion, to direct the $1 million SEP towards the Western Climate Initiative to combat global warming. The Western Climate Initiative is collaboration between 7 US Governors from the states of Arizona, California, Montana, New Mexico, Oregon, Utah and Washington and 4 Canadian Premiers from British Columbia, Manitoba, Ontario and Quebec. Their mission is, “to identify, evaluate, and implement collective and cooperative ways to reduce greenhouse gases in the region, focusing on a market based cap-and-trade system” (http://www.westernclimateinitiative.org/). While this is an important and noble undertaking, it would be difficult to presume the funds from the Honeywell indiscretions would directly benefit the people of South Phoenix, whose groundwater has been seriously polluted.

This is determined to be an environmental justice issue because South Phoenix is composed largely of poverty stricken minority groups. Instead of directing the SEP towards cleanup of the South Phoenix area the State of Arizona decided to allocate the funds to a project that was an initiative of then Governor Napolitano. Although it can be argued that since South Phoenix is part of AZ which is part of the WCI and therefore the residents of South Phoenix will still benefit from the SEP payment, I disagree. While the WCI claims to be a regional organization I refute that a group that spans 2/3 of a continent should be classified as “regional”. The SEP was also not directed at a specific project managed by the WCI, but was to simply be given over for WCI to use as they see fit.

When questioned about the SEP Governor Napolitano responded that the settlement was, “both legal and effective”. (http://www.tucsoncitizen.com/ss/government/97322.php) But, according to the Environmental Protection Agency, “There must be a relationship between the underlying violation and the human health or environmental benefits that will result from the SEP”. (http://www.epa.gov/compliance/civil/seps/) The only relationship between the groundwater pollution from Honeywell and the SEP to the WCI is that both the violation and the payment are environmental in nature. It seems that the EPA guideline is meant to act as a repair or restitution for the damage inflicted by the offending party. Instead of following this principle it appears the State felt they could disregard the damage done to the neighborhood of South Phoenix and use the $1 million for a special project.

One cause of this environmental injustice is political power. Rinquist stated, “Political power is a function of wealth, education, group organizational skills, frequent participation in the political process, and so forth”. (Vig 249) South Phoenix is not a neighborhood of particularly high wealth, education, or organizational skills. I believe it is particularly this reason that Arizona felt the environmental needs of South Phoenix could be ignored and the SEP payment gained at the neighborhoods expense could be used for other purposes. If this pollution would have occurred in Paradise Valley, where this is a much different demographic I believe Arizona would have suggested a SEP directed towards the cleanup of the pollution.

Another related point is market rationality. This pollution would not have occurred if the Honeywell facility were not located in South Phoenix. This location can easily be attributed to market conditions. The plant makes airplane engines and it makes sense to be located next to the Phoenix Sky Harbor airport, which is in South Phoenix.