DOJ Probe into Illegal Dumping in Houston, TX
The U.S. Department of Justice (DOJ) launched an environmental justice investigation into how the city of Houston handles unlawful dumpsite complaints and related service requests from Black and Latino residents in Northeast Houston. The investigation will be led by the Civil Rights Division in conjunction with the U.S. Attorney’s Office for the Southern District of Texas to examine if city police and other departments discriminate against these communities in violation of federal civil rights laws.
Wealth inequality, the legacy of redlining, lack of zoning and regulation has led to communities of color in Texas being disproportionately located near industrial areas and experiencing environmental and public health risks.[1] In Houston, predominantly Black neighborhoods are home to all five city-owned landfills, six of the city’s eight incinerators and three of four privately owned landfills.[2] The DOJ probe was prompted by a complaint filed in January from Lone Star Legal Aid alleging the City of Houston’s failure to adequately and equitably respond to illegal dumpsite concerns has threatened the health and safety of Trinity/Houston Gardens Super Neighborhood 48. The complaint cites no proactive approach to controlling the unlawful dumping of household furniture, trash, medical waste, and dead bodies has been given despite over six years of requests being made by community members.[3] This ongoing situation has led to devaluation of Black and Latino held property which could also amount to civil rights violations.
In early May, the DOJ launched a new comprehensive environmental justice enforcement strategy to guide the newly established Office of Environmental Justice (OEJ). The OEJ will prioritize cases that will have the greatest impact on communities “most overburdened by environmental harm.”[4] The investigation will focus on the City’s Solid Waste Management Department, Department of Neighborhoods, 311 Houston Service Helpline System and police department– all integral to receiving and responding to community concerns of illegal dumping. If evidence of discrimination is found, it will be in violation of Title VI of the Civil Rights Act of 1964 which prohibits recipients of federal financial assistance from discriminating based on race, color or national origin. This investigation is a notable case of a federal agency focusing its enforcement efforts on a municipal solid waste issue.[5] Consequently this investigation could potentially lead to more environmental justice cases generating across the nation.
[1] https://www.texastribune.org/2021/11/15/EPA-Regan-Houston-pollution-visit/
[2] https://www.houstonchronicle.com/opinion/editorials/article/Editorial-Houston-has-a-trash-problem-It-17333199.php
[3] https://www.lonestarlegal.org/news/2022/01/trinity-and-houston-gardens-file-title-vi-civil-rights-complaint-regarding-city-of-houston/
[4] https://www.justice.gov/opa/pr/justice-department-launches-comprehensive-environmental-justice-strategy
[5] https://www.wastedive.com/news/doj-houston-environmental-justice-illegal-dumping-turner/627990/
