UO Student Series: Beyond Toxics and the Battle for Clean Air in Eugene
There isn’t one solution to this issue, but in taking as many actions as possible, Eugene residents can move towards protecting the public health from toxics.
**This post is from a member of Professor David Frank’s class at the University of Oregon. In the coming weeks, we’ll share several more of these posts from young Oregonians. Go Ducks!**
Xitlali Torres is Planning, Public Policy, and Management major, interested in environmental justice and climate change planning. She is a member of the Energy Justice Leadership Institute of the Oregon Just Transition Alliance and a student research assistant at the University of Oregon's PNW Tribal Climate Change Project.
In 2018, Arjorie Arberry-Baribeault’s 13-year-old daughter, Zion Grace, was diagnosed with Hodgkin’s Lymphoma, a rare cancer of the lymphatic system. A small-business owner in Eugene, Oregon, Arjorie’s life was turned upside down as her daughter struggled with multiple harsh cancer treatments over the next three years. Two years after Zion’s diagnosis, her best friend’s son was diagnosed with the same cancer. They grew up together, went to the same schools, and played in the same parks—could this be a coincidence?
Arjorie was didn’t wait for answers but instead sought them out: “The fact that both of our children were diagnosed with the same exact cancer wasn’t a coincidence and I had to know what happened…” She believes her daughter’s cancer could be a result of chemical pollution and the carelessness of manufacturing facilities in her neighborhood.
Toxics and Activation
The neighborhood where Arjorie and her friend had raised their children is known to be within an industrial corridor in the City of Eugene – home to 35 manufacturing facilities. In 2019 alone, 684,159 pounds of toxic chemicals were released into the environment of West Eugene – 96% of all chemicals released in the city. Many of these chemicals have been linked to multiple cancers, asthma, heart disease, among other adverse health effects. One such chemical, dioxin, has no safe level for humans but was found in the ground soil near facilities.1 Dioxin received its notoriety as a contaminant from the dangerous herbicide Agent Orange used during the Vietnam War. Eugene is not a battlefield, but many of its residents are still struggling from a different kind of attack—one in the form of long-term exposure to dioxin. Even a simple walk in the park is unbearable for some residents due to the odor of the emissions; just a few minutes in the outdoors can cause headaches and nausea. Those fighting the war against excessive exposure tend to be communities of color and those in the working class, making this issue one of environmental justice.
Arjorie got connected with a local organization called Beyond Toxics that has advocated against pollution since 2004, and she soon joined the team. She felt a transformation in working against the pollution that she believes was the reason for her daughter’s illness. Reflecting on her work, she said, “I truly believe that fighting the causes of environmental pollution impacting families is my purpose.”
On December 31, 1970, President Nixon signed the historic Clean Air Act into law. This was the United States’ first major environmental piece of legislation. It was designed to regulate air emissions and improve public health. And, it worked. The Act prevented more than 200,000 premature deaths in its first 20 years. So why are facilities still allowed to emit so many pounds of harmful chemicals into the air near the homes of some of Eugene’s most vulnerable residents?
The mechanisms in place to punish facilities for emitting more than they are permitted are weak—too infrequently enforced and with insufficient penalties. One facility, J.H. Baxter, has been fined almost $36,000 in fines since the 90s, but these fines are a mere slap on the wrist for a company that makes far more in revenue. The facility was labeled a "significant non-complier" by the DEQ in 2011, yet continues to run. The DEQ and the Lane Regional Air Protection Agency (LRAPA) ask for public input, for people to file pollution complaints. They say that they are important and make a difference, but the public’s trust that their agencies are working for them has dwindled. The lack of communication between the agencies and their constituents creates a vicious cycle.
What is being done, and what can be done to protect the right of Eugene residents to a clean environment?
Enforce the laws with greater scrutiny. To improve federal policies like the Clean Air Act, Oregon launched Cleaner Air Oregon in 2016. It takes determination and manpower to enforce the law that prioritizes and protects public health from emissions in the state.
Agencies need to have better communication with each other, and the public. In Eugene, a multi-agency coalition involving the DEQ, LRAPA, Beyond Toxics, West Eugene residents, and others has opened discussions to assess the effects of living near industrial facilities and guide the implementation of Cleaner Air Oregon. Supporting diverse participation in holding companies’ accountable builds trust.
Give more serious punishments. Manufacturers shouldn’t be able to get away with decades of non-compliance through inconsequential settlements. They should be required to clean up their messes, accurately report their activities to be frequently assessed by outside parties, and pay for the damage they have done to communities.
Create and join lawsuits. In Eugene, two class-action lawsuits have been filed in the past month against the aforementioned company, J.H. Baxter. Lawsuits can prompt investigation, raise awareness, and get compensation for those whose lives have been affected.
Demand transparency. If nothing else, the right to know what kinds of substances are being emitted and used in your area should be a standard. For example, Eugene implemented a "Toxics Right to Know Database" in 1996 to require certain manufacturers to provide information to the public about their use of hazardous substances. This could be implemented statewide, but knowledge can only do so much.
Encourage and equip residents to do research and get involved. Every resident should understand their own city’s industry and emissions. And, once one resident knows, they can spread that knowledge to neighbors. Then the entire community can let their agencies and representatives know that protection from toxic chemicals is important (and vote for those officials who agree).
There isn’t one solution to this issue, but in taking as many actions as possible, Eugene residents can move towards protecting the public health from toxics emitted by industries right in residential neighborhoods. Zion Grace survived her cancer, but her friend is still fighting today. If these solutions are implemented, tragedies like theirs could be avoided.
Oregon Department of Environmental Quality (ODEQ). (2019). Staff Report Recommended Remedial Action for J.H. Baxter & Co. Facility Eugene, Oregon.