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January 2006:
GreenFaith, NRDC, NY/NJ Baykeeper Force
Army Corps of Engineers to Revise Plans for New York/New
Jersey Harbor Dredging Project
In a decision announced on August 10, a
federal court judge ruled on a complaint initiated by GreenFaith
and its partners that a massive dredging project by the U.S.
Army Corps of Engineers violated the National Environmental
Policy Act by ignoring the impacts of dredging in the middle
of a Superfund site in Newark Bay. The area is laced with
dioxin, one of the most dangerous compounds known. Without
proper protections, dredging would spread the contamination
into surrounding waterways. “The court’s decision
is an ethical, first step in the right direction,” said
Rev. Fletcher Harper, Executive Director of GreenFaith. “Now,
the Corps needs to plan to dredge Newark Bay in a m ann er
that protects human health and the marine environment.” “The
court ruling sends a strong message to the Corps that it
c ann ot ignore the health and safety of our waters. We all
want the contaminated sediments removed, but simply plowing
through a toxic waste dump won’t solve the problem,” said
NRDC (Natural Resources Defense Council) attorney Larry Levine.
The judge’s decision resulted from
a January 2005 lawsuit filed in federal district court in
New York City by GreenFaith, NRDC and NY/NJ Baykeeper. GreenFaith
became involved following its 2003 Newark Environmental Justice
Tour, where local religious leaders learned about the high
pollution levels in the Bay. GreenFaith, NRDC and Baykeeper
are seeking to ensure that the giant underwater dig, which
is part of a 10-year, multi-billion-dollar project by the
Corps and the Port Authority of New York & New Jersey
to open the harbor to larger container ships, does not undermine
the Environmental Protection Agency’s (EPA) efforts
to study and clean up Newark Bay.
Singling out what she termed “disturbing” conduct
by the Corps, Judge Shira Scheindlin’s ruling establishes
that the Corps cannot simply ignore how its dredging may
interfere with the EPA-led Superfund cleanup in Newark Bay.
GreenFaith and its partners have been negotiating with the
Corps since October to seek to reach a settlement that would
allow dredging to continue while also protecting the Newark
Bay ecosystem.
Scientists have called Newark Bay one
of the world’s
worst dioxin-contaminated sites, with layers of polluted sediment
contributing to dangerous dioxin levels in blue crabs, fish,
and fish-eating birds. Dioxin levels recorded in Passaic River
and Newark Bay blue crabs are believed to be the highest ever
measured in aquatic animals worldwide. The New Jersey Department
of Environmental Protection has banned crabbing in and around
Newark Bay because of an “extremely high” cancer
risk and recommends strict limits on consumption of fish caught
in the area. Research has also uncovered high dioxin levels
in certain marine fish species caught by anglers throughout
the NY/NJ region.
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"Dr. Martin Luther King, Jr.’s
words, 'Injustice anywhere is a threat to justice everywhere,'
motivate me to include the struggles against environmental
racism and economic injustice in my lifelong commitment to
social justice activism. No group of people should be forced
to bear the disproportionate burdens of having incinerators,
landfills, sewage treatment plants, oil refineries, and other
polluters in their communities because of the color of their
members’ skin or income level."
Read more about Valorie Caffee
and her work
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