Media contact: Sasha Lewis-Norelle, Frontline Communities Protection Coalition, sashaln@copalmn.org, 608-338-4056
St. Paul – Judge Kimberly Middendorf heard testimony on Tuesday, September 1 from environmental justice organizations and frontline community members who expressed unanimous disappointment with the shortcomings of the Minnesota Pollution Control Agency (MPCA)’s recently released draft rules for implementing the Cumulative Impacts law. This law was passed three years ago through the work of frontline community members seeking to require that the disproportionate, cumulative harms they have suffered as a result of decades of exposure to industrial pollution and other compounding stressors be addressed fairly in air permitting decisions.
Throughout the rulemaking process, community members and organizations have submitted hundreds of comments supporting the Frontline Communities Protection Coalition (FCPC)’s specific suggestions for strong rules. The coalition urged the MPCA to strengthen: benchmarks for requiring a cumulative impacts analysis and determining substantial adverse impact; pathways for permit denial; and requirements for community benefit agreements, engagement, and influence over decision-making.
On Friday, August 28, the MPCA announced only minor adjustments in response, which did not include FCPC’s key recommendations. During yesterday’s public hearing, Monse Perez Barrios, appearing on behalf of COPAL and FCPC, thanked the MPCA for their work and emphasized the need to adopt recommendations from FCPC and impacted residents, stating, "the regulatory framework before you remains deeply incomplete.” Frontline community members and organizers testified in support of strengthening the rules, shared their personal experiences with environmental injustice, and highlighted the stakes:
"When agencies fail to act responsibly or proactively, communities pay the price,” said Josefina Gerónimo, who described living in a Minneapolis environmental justice area. “There are days when we cannot open our windows… Children in our neighborhood are not always able to play outside. People cannot reliably walk, jog, or exercise outdoors. Even simple things…are affected by pollution and industrial activity around us.”
Andres Vargas, environmental engineer and children’s soccer coach, testified, “a child playing soccer does not experience pollution one permit at a time. They experience industrial emissions, traffic pollution, noise, heat, and other environmental stressors together, as part of the environment in which they live and play.”
Justice Jones, representing Community Members for Environmental Justice, provided personal experience with the health harms of air pollution, stating, “I come from a family that has experienced cancer, respiratory issues, and skin conditions that are both caused and exacerbated by the toxins that come from this corridor. ”
Hannah Resendiz Olson, a public health professional representing Health Professionals for a Health Climate, supported these concerns, highlighting the health harms of environmental racism. “Health and environmental impacts must be a priority through the rulemaking process to ensure protection from further irreparable harm.”
The post-hearing public comment period closes September 21 at 4:30 p.m. Per the MPCA, comments can be submitted electronically, mailed, faxed, or delivered in person.