{"id":239,"date":"2023-11-20T13:55:08","date_gmt":"2023-11-20T13:55:08","guid":{"rendered":"https:\/\/journals.law.unc.edu\/nccivilrightslaw\/?p=239"},"modified":"2023-11-20T13:55:08","modified_gmt":"2023-11-20T13:55:08","slug":"nc-residents-file-another-civil-rights-complaint-against-the-nc-department-of-environmental-quality-citing-environmental-racism","status":"publish","type":"post","link":"https:\/\/journals.law.unc.edu\/nccivilrightslaw\/2023\/11\/nc-residents-file-another-civil-rights-complaint-against-the-nc-department-of-environmental-quality-citing-environmental-racism\/","title":{"rendered":"NC Residents file another Civil Rights Complaint against the NC Department of Environmental Quality citing environmental racism"},"content":{"rendered":"\n

The North Carolina Department of Environmental Quality (NCDEQ) faces another civil rights complaint. Last April, the Vermont Law and Graduate School\u2019s Environmental Justice Clinic, on behalf of North Carolina nonprofits and residents, filed a complaint<\/a> with the Environmental Protection Agency (EPA) Office of Civil Rights under the Civil Rights Act of 1964, alleging that the NCDEQ\u2019s failure to adequately regulate the dry litter poultry industry illegally discriminates against communities of color in Robeson, Duplin and Sampson Counties.  <\/p>\n\n\n\n

What are dry litter poultry facilities? <\/strong> <\/p>\n\n\n\n

There are over 5,000 poultry farms<\/a> in North Carolina alone and all but 19 are dry litter facilities. \u201cDry litter\u201d<\/a> refers to the feces, urine, and other waste that occurs as a result of poultry farming. To clean the barns with the birds, farmers will use either dry or wet litter management systems.  In contrast to wet litter systems<\/a> that use a \u201cliquid water management system\u201d and require a state permit, dry litter facilities are allowed to dispose billions of pounds of waste onto farmland to fertilize the soil without needing<\/a> to acquire a state permit. A recent study<\/a> of contaminants found<\/s> in poultry waste found that it includes fecal bacteria, ammonia, nitrogen, phosphorus, nitrate, and tetracycline. The waste can sit for 90 days, and if there is rain, the litter can seep into waterways<\/a> such as streams, wetlands, lakes, and the drinking water supply, making it a danger to people in the surrounding areas.  <\/p>\n\n\n\n

Because of the lack of regulation of the poultry industry, these dry litter poultry facilities have not been held accountable. In addition to not requiring a permit, under North Carolina law, dry litter poultry facilities do not have to list<\/a> their locations or owner contact informations<\/s> in a public database.  <\/p>\n\n\n\n

Disproportionate impact on communities of color<\/strong> <\/p>\n\n\n\n

Communities of color in Robeson, Duplin, and Sampson counties are disproportionately impacted<\/a> by the harmful effects of dry litter poultry facilities. While there was a 17% increase in poultry production across the state in 2021, there was a 36% increase in those 3 counties alone<\/a>. Each of the 3 counties\u2019 population of Indigenous, Black, and Latinx residents is larger than their<\/a> White population. As more poultry facilities are expanding into Robeson, Duplin, and Sampson counties, the lack of regulation is creating a disproportionate impact on the surrounding neighborhoods mostly consisting of residents of color. <\/p>\n\n\n\n

The complaint against NCDEQ<\/strong> <\/p>\n\n\n\n

As an agency receiving federal funds, NCDEQ is bound by the Civil Rights Act of 1964. Title VI of the Act states<\/a> that \u201c[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.\u201d Under Title VI, an agency\u2019s failure to act<\/a> can be an exclusionary practice.  <\/p>\n\n\n\n

Here, NCDEQ is charged with violating Title VI<\/a> for failing to develop guidelines to protect communities of color from the harmful effects of dry litter poultry operators as well as failing to enforce existing rules governing dry little poultry facilities. <\/p>\n\n\n\n

A familiar story<\/strong> <\/p>\n\n\n\n

Civil rights complaints against the NCDEQ are not new. In 2014, the North Carolina Environmental Justice Network (NCEJN), the Rural Empowerment Association for Community Helpd<\/s>, and Waterkeeper Alliance, Inc. filed a complaint<\/a> with the EPA Office of Civil Rights alleging that NCDEQ\u2019s failure to regulate the swine industry disproportionately contaminated air and water in rural communities of color.  <\/p>\n\n\n\n

In response, the parties reached a settlement agreement,<\/a> NCDEQ pledged to regulate the hog industry through actions including requiring state permits and an online public list of swine facilities. The agreement also contains a provision<\/a> stating that \u201cDEQ is committed to ensuring compliance with Title VI and EPA regulations by evaluating whether policies and programs have a disparate impact on the basis of race. DEQ maintains an ongoing interest in integrating into DEQ programs better protections for human health, vulnerable communities, the environment and rights.\u201d  <\/p>\n\n\n\n

Yet, five years later, NCDEQ is accused of violating the same laws and regulations they committed to complying with. <\/p>\n\n\n\n

Call to action<\/strong> <\/p>\n\n\n\n

The complaint filed last spring lists four remedies requested:  <\/p>\n\n\n\n