EPA to investigate charges of environmental racism at Brooklyn gas projects

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Federal officials are launching a civil rights investigation into fossil fuel projects in Brooklyn, where construction of a gas pipeline has sparked accusations of environmental racism.

The Environmental Protection Agency will examine whether the state’s Department of Environmental Protection violated federal laws when it failed to consider the impact of National Grid’s North Brooklyn Pipeline in an environmental review of related plans to modernize the utility’s Greenpoint hub, according to a letter obtained by THE VILLE.

At the heart of the issue: National Grid’s proposal to modernize its installation to add two new vaporizers to gasify liquefied natural gas fuel at low temperature, or LNG. National Grid also plans to extend the pipeline to this facility, carrying gas for processing and storage.

Lawyers representing several Brooklyn community groups filed a complaint in August with the US Department of Justice, the Environmental Protection Agency, the Department of Energy and the Department of Transportation.

The complaint alleges that the location and operation of the pipeline and related projects discriminate against communities of color along the nearly seven-mile route, in violation of federal and state environmental and civil rights laws .

“We have always said that this [pipeline] The project is having a disproportionate impact on communities of color, but now we have a federal agency that is going to be investigating, legally, how this project is doing this, ”said Britney Wilson, lawyer and director of Civil Rights and Disability Justice Clinic at New York Law School. “This is an important first step, and it is really important that this breed specific analysis and investigation be done. “

National Grid depot in Greenpoint, Brooklyn Ben Fractenberg / THE CITY

According to the letter, the EPA’s External Civil Rights Compliance Office will look into the matter – focusing specifically on the role of the DEC.

Jeff Wernick, a spokesperson for DEC, said the state agency subjects all environmental permit applications to “a transparent and rigorous review process that encourages public input at every stage” – respecting the federal and state public health and environmental standards.

National Grid spokesperson Karen Young said the project was “fully compliant with all applicable laws and regulations.”

“We hope that the EPA will come to this conclusion as a result of its investigation and dismiss the complaint,” she added.

Eyed Civil Rights Act

The federal government will examine whether the state discriminated “on the basis of race and national origin” when the DEC discovered that National Grid’s plans to expand its liquefied natural gas facility at Greenpoint no. ‘have no negative environmental impact, according to a letter sent Thursday by the EPA. lawyers representing community groups.

The lawyers had challenged the DEC’s finding, noting that the agency’s environmental review did not take into account the pipeline, which they said is a related and interdependent part of the facility’s overall expansion.

So far, the pipeline is operational from Brownsville to East Williamsburg. A final phase towards Greenpoint is underway, pending further examination.

DEC’s failure to assess the impact of the pipeline on communities by excluding it from environmental review, lawyers argued, amounted to a breach of the agency’s obligation to protect communities of color as the ‘demand civil rights laws.

National Grid installs a pipeline on Manhattan Avenue in Brooklyn on February 13, 2020.Ben Fractenberg / THE CITY

But DEC says it has not received an application for the pipeline, and that it has not approved or refused any permits for the expansion of the facility at this point.

The EPA will also review whether the DEC is in compliance with non-discrimination requirements to ensure accessibility for people with disabilities and who speak languages ​​other than English.

This stems from the allegation of the complaint that many members of the community were unaware of the pipeline before construction began. DEC has held three hearings on the Greenpoint facility expansion project as part of the final phase of the pipeline, but has not held more on the route elsewhere, DEC confirmed. The complaint argues that the agency should have done so, so that New Yorkers potentially affected by the pipeline could have weighed in.

“I’m really excited to finally have more information on what happened,” Wilson said.

A year of protests

The civil rights complaint called on the federal government to investigate not only the DEC, but the State Department of Civil Service and the National Network as well. The complaint alleged that the company had misled the public about the nature of the pipeline project and that the DPS had improperly approved it.

The civil service ministry denied having misled residents. The EPA says it cannot investigate DPS and National Grid because the entities do not receive money from the agency and therefore do not fall under its jurisdiction.

But the Federal Department of Justice, the Department of Transport and the Department of Energy could still undertake investigations into the DPS and the National Grid, according to the letter from the EPA.

National Grid says the pipeline project is necessary to ensure its customers have access to gas for cooking, heating and hot water. Construction of the pipeline, which began in May 2017, remains unfinished.

Brooklyn residents have been protesting the pipeline for over a year, saying the project flies in the face of state and city climate goals of reducing reliance on fossil fuels that emit greenhouse gases when burnt.

Brooklynites have been protesting the pipeline and more for over a year.Samantha Maldonado / THE CITY

Opponents argue that the pipeline will lead to prolonged dependence on gas, resulting in unnecessary environmental and health damage that will disproportionately affect communities already vulnerable to high pollution rates.

The state’s law on climate leadership and community protection mandates an 85% reduction in greenhouse gas emissions by 2050 and carbon reductions, meaning the state will need to electrify itself and will have to largely get rid of gas to mitigate climate change.

As part of a series of initiatives to decarbonize the construction industry – including Local Law 97, which places emission caps on buildings from 2024 – Mayor Bill de Blasio has pledged to ban gas connections in new buildings by 2030. The administration is negotiating a bill with city council that would achieve this goal, potentially sooner.

Brooklyn Borough President Eric Adams, likely successor to de Blasio, has indicated he supports decarbonization efforts, but questioned the feasibility of those delays and does not want to penalize building owners for noncompliance.

Meanwhile, enemies of the liquefied natural gas depot have pushed back National Grid’s plans to expand it and possibly transport LNG to the site – activities that the utility says are also necessary for energy reliability.

In September, lawyers representing local community groups in North Brooklyn filed a petition in the state court of appeals to stop trucking-related construction at the site until an environmental impact review was completed. .

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