Prisons Revealed To Be “Toxic Traps”

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An investigation released this month revealed a number of environmental hazards on the sites of two federal government prisons: ASUP Thomson in Illinois and ADX Florence in Colorado—facilities built to house prisoners in solitary confinement. Specifically, a number of organizations sent a letter to the Environmental Protection Agency (EPA) questioning why these facilities do not need a permit related to the presence of toxics and the associated environmental justice issues.

Background

According to the letter, of concern to human rights organizations is the history of permit approvals which have, arguably, been tainted by poverty discrimination policies, disproportionately affecting poor communities, as exemplified by certain prisons. Specifically, they argue that prisons should be more thoroughly inspected before their permits are approved.

The organizations argue that two particular facilities (ASUP and ADX), designed to hold people for 24 hours at a time without the opportunity to evade potential toxins and without being provided with the possibility of a safe evacuation, need to be more closely examined by the EPA.

Toxins Present

According to the EPA, the ASUP facility is built on soil that is contaminated with metals, explosives, pesticides, lead-based paint, and other chemicals. In addition, the groundwater and surface water are contaminated with these same chemicals. In 1995, environmental assessments found almost 300 areas of concern here. In addition, although the 4,6-dinitro-o-cresol dumped at the site by the U.S. Department of Agriculture (USDA) was cleaned up, a remedial investigation report completed by the Army indicated that there are still over a thousand metallic anomalies there. There are also a number of coal and nuclear power plants within a 15-50 mile radius of the facility. The ADX facility is also close to a Superfund site, as well as a uranium mine. That mine has discharged wastes into the Arkansas River, a source for the city’s water supply.

Federal Laws

Environmental laws mandate that the federal government conduct certain activities in order to prepare a site for a particular project. For example, the National Environmental Policy Act (NEPA) mandates that the government put together an Environmental Impact Statement (EIS) whenever a federal agency action significantly affects the quality of the human environment. In addition, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires that polluted locations such as Superfund sites be cleaned up of environmental and health hazards. Arguably, when it comes to the placement and construction of prisons, these environmental laws are not always complied with, creating certain environmental justice issues.

Harrell & Nowak

Everyone has a right to live in an area free from dangerous, debilitating environmental toxins, regardless of how much they make. Having spent years litigating against the bad actors and negligent parties who either do the polluting or do not adequately protect the public from that pollution, the attorneys of Harrell & Nowak can be your environmental hazards lawyers in New Orleans, Metairie, Kenner, and other areas throughout Louisiana. Contact us today for a free consultation.