Reposted from: https://projects.newsdoc.org/climatenyc/earth/
By: Stephanie Lemesianou
Seventeen-year-old Anna Buretta knew exactly what she was fighting for when stationed outside New York City Hall. Holding a megaphone in one hand and a cardboard sign in the other, she was leading a chant, surrounded by her peers from Fridays for Future New York City, a youth climate action group. When a man twice her age and size began questioning her knowledge, she decided to confront him.
Her choice of defense was naming a legal agreement.
“This is about the Fossil Fuel Non-Proliferation Treaty,” she said.
Inspired by her sister who’s an environmental activist, Buretta joined the organization almost a year ago and initially began working on climate legislation outreach. Now, she feels like she found her place in the climate movement through strike-planning. She believes that in order to enact proper change, protests need to have a clear message and purpose.
“When you have a bill, you have a really concrete goal for your protest and you know exactly what you’re fighting for and there’s no confusion,” she said.
Across the state of New York, environmental, justice and community groups are working on educating people about climate laws and how to participate in the implementation process. Increasingly, ordinary community members find themselves on the front lines of fossil fuel projects and climate change actions, citing existing laws and demanding that they be enforced. Under Gov. Kathy Hochul’s new administration, climate campaigners have been testing the waters to see how far community action can affect state-level decision-making and enforcement of legislation.
According to Ruhan Nagra, the director of the Environmental Justice Initiative and the senior clinical supervisor at the University Network for Human Rights, environmental and climate law is moving in a direction that’s much more community focused. This is evident in New York’s landmark law, the Climate Leadership and Community Protection Act.
“I think the environmental justice protections built into the CLCPA are very significant, and absolutely a result of all of the grassroots organizing that’s happened in order to make these sorts of climate justice laws a reality,” she said.
The CLCPA was signed into law in July 2019 by former Gov. Andrew Cuomo. It requires New York to reduce greenhouse gas emissions from all sectors of the economy 40% by 2030 and more than 85% by 2050 from the 1990 levels. It also states that New York has to achieve 100% zero-emission electricity by 2040 and 70% renewable energy by 2030.
In daily life, these targets could translate into a significant reduction in local pollution, respiratory illnesses, energy consumption and utility bills. They can also mean equal access to clean energy solutions and the creation of new green jobs.
“I have to agree that the climate law is groundbreaking,” said Amanda Sachs, the legislative and climate associate from Environmental Advocates NY. “Not only does it have the boldest goals of any state in terms of targets, but it really prioritizes equity.”
To meet the objectives set out in the law, a 22-member committee was formed called the New York State Climate Action Council. Led by the Department of Environmental Conservation and the New York State Energy Research and Development Authority, it is responsible for producing a Scoping Plan. Their meetings, agendas and presentations are all accessible to the public online.
In October, the DEC denied air permits for NRG’s Astoria Plant and the Danskammer Plant, stating that the proposals were not in compliance with the requirements of the CLCPA. Climate activists and elected officials who opposed the projects were hopeful that this could set a precedent for future permits.
“Our community drew a line in the sand against new fossil fuel infrastructure and won. Let this be a statement of what our policy should be as we fight the ravages of the climate crisis,” said State Senate Deputy Leader Michael Gianaris in a public statement about the Astoria Plant.
Alice Hu, a climate campaigner with New York Communities for Change, was part of the No Astoria NRG Plant Coalition.
“In the world that we live in we definitely need to make sure that politicians know that they’re gonna be held accountable if they don’t follow this law and they don’t follow the science, they don’t think about the wellbeing of public constituents,” she said.
Hu mostly works with members from low-income communities of color, organizing around issues of housing, labor laws and immigration laws. Part of her organization’s climate education is about making people realize that the climate crisis can also affect their day-to-day lives.
“We’re a coastal community and we’re also an unequal city, so when you have those two things combined you realize who is hit most hard, who is affected the most,” she said.
Recognizing and defining within the legal framework who is affected the most is a tough decision assigned to the Climate Justice Working Group. The 13-member advisory group is part of the CLCPA law and consists of environmental justice advocates who directly engage with ordinary community members statewide through direct work.
They are in charge of identifying and distinguishing disadvantaged communities who are marginalized and vulnerable to co-pollutants and greenhouse gas emissions, but also communities who would benefit most from investment allocations. The CLCPA requires that these disadvantaged communities receive at least 35% of overall benefits spending on clean energy and other projects such as housing, transportation and economic development.
This is no easy task, as every decision could greatly affect how effective the policy will be in reaching the communities who are most in need.
“As we recognize the fact that climate change and environmental issues disproportionately affect the most marginalized people, we realize that actually these are human rights issues,” said Nagra.
With the pandemic, the stakes are even higher for defining disadvantaged communities.
On Nov. 13th, community groups from the NY Renews coalition, including members of the Climate Justice Working Group, attended a rally outside of Hochul’s New York Office. Community members and elected officials called for the passing of the make sure the link covers the full act Climate and Community Investment Act, a bill that will also create a revenue distribution system that prioritizes disadvantaged communities.
“We have seen the impact that the pandemic has had on low-income communities of color… We have already seen the destruction that climate change and environmental degradation has had on the health of our patients,” said Nella Pineda-Macron from the New York State Nurses Association at the rally.
The work of the Climate Justice Working Group is an example of how community activism and collective action can inform climate legislation. With decades of experience, the members are using their resources to bridge the gap between underrepresented constituents who are affected by climate pollution and other socioeconomic factors.
“I wish that heads of grassroot organizations and environmental justice communities were tapped on more. I know they’re stretched thin but they just do incredible work,” said Sachs.
For laws like the CLCPA and the CCIA, language and definitions are very important. Legal language can affect how a climate law is enforced or even understood. Sometimes broader language is preferable, based on what needs to be considered or covered in a law.
In the November elections, an overwhelming number of New York voters approved an amendment to the New York Constitution, stating that “each person shall have a right to clean air and water, and a healthful environment.” While this successfully passed and became an inalienable right in the constitution, some voters were confused by the broad language.
The broad language in the New York Constitution amendment is purposeful, in order to ensure that government-decision making considers all types of environmental impact, from water contamination to access to green space.
“It’s very new, so we’ll see what decisions are made which will set a precedent for what these terms actually end up meaning,” she said.
Following the development of climate legislation from conception to enforcement can be an overwhelming process for ordinary community members but even for those involved in the climate movement.
“I think it’s really hard to keep on top of all the bills and all the legislation and literature surrounding the climate crisis, it can be very overwhelming … and I actually find that many News sites actually don’t do a great job covering climate change and climate laws,” said Buretta. “I’m certainly not as educated as I should be, but it’s a constant standard that you have to hold yourself to, you know?”