1. WATER INEQUALITY IN AN IMPAIRED ESTUARY: LEGACIES AND WATER HAZARDS IN CALIFORNIA’S BAY-DELTA RAOUL S. LIÉVANOS, M.A. ¹ ON BEHALF OF RESEARCH PARTNERS: DEBBIE DAVIS, ENVIRONMENTAL JUSTICE COALITION FOR WATER MIHO KIM AND CELIA DAVIS, DATA CENTER ¹ UNIVERSITY OF CALIFORNIA, DAVIS DEPARTMENT OF SOCIOLOGY & ATMOSPHERIC AEROSOLS AND HEALTH PROGRAM, DEPARTMENT OF LAND, AIR AND WATER RESOURCES June 2, 2009 Water Justice: Local and Global Perspectives An Environmental Justice Project Community & Young Scholars Event University of California, Davis

2. Organization of the Talk  Acknowledgements  Introduction  Research Strategy  Findings  Conclusion & Future Directions Title slide credits: Fish advisory sign photo by Raoul S. Liévanos.

3. Acknowledgements  Ford Foundation  Rose Foundation  UC Davis John Muir Institute of the Environment: Environmental Justice Project & Julie Sze, Trina Filan, and Fraser Shilling  UC Davis Center for Regional Change & Jonathan London  UC Berkeley Community Forestry & Environmental Research Partnerships  EJ Delta Research Collaborative:  Environmental Justice Coalition for Water  DataCenter  Bay-Delta Community and Regional Organizations (alphabetical order): Asian Pacific Americans News and Review; California Delta Chambers and Visitor's Bureau; California Indian Environmental Alliance; Catholic Charities of Stockton; Center for Environmental Health Central California Environmental Justice Network; Central Valley Asian-American Chamber of Commerce; Clean Water Action; Community Water Center; Farmworker Health Services; Hazardous Materials Program, Contra Costa County; Lao Khmu Association, Inc.; Nototomne Cultural Preservation; Public Health Services of San Joaquin County; Restore the Delta; Southeast Asian Assistance Center; Todos Unidos; Tracy Interfaith Ministries; and the United Cambodian Families.  UC Davis/UC Merced Atmospheric Aerosols and Health Program and the UC Toxic Substances Research and Teaching Program

4. Introduction “I don't know if I can support this study you are doing. I think looking at Delta water issues from a minority perspective is a limited approach to the local water issues we face. Our local major concern is the attempt to take Delta water south to LA which makes our local water quality worse. There have been lots of blatant lies saying that the Delta would be fine with less water. We know that isn't true. If the purpose of your study is to hinder the building of the Peripheral Canal that is something we support. Trying to support it from a minority ‘environmental justice’ position is interesting, but ultimately has little chance of success against the financial pressures coming from Southern California for Northern California water. The fight over water is historically a major battle in California. It needs a much tougher position than a minority perspective on poor water quality to win. This is just my opinion of course. Your study also fails to address the majority of those who live, work and play in the Delta and make their livelihood here which are not ethnic minority groups for the most part. In other words, I don't see that your study addresses the population most affected by poor water quality in the Delta. I'm not sure if your research angle really helps us, since it is centering on a minority perspective versus the bigger picture...” -- Delta Resident who declined to participate in this study

5. Introduction  “From a sociological perspective, it is never sufficient to point to the environment as having been protected. The question must always be asked, for whom and from whom?”¹  Environmental Inequality: “…addresses more structural questions that focus on social inequality (the unequal distribution of power and resources in society) and environmental burdens…[E]nvironmental inequalities include any form of environmental hazard that burdens a particular social group.”²  Water Justice: the ability of all communities to access safe, affordable water for drinking, fishing, recreational, and cultural uses.”³  Water Inequality: water hazards that burden a particular social group. ¹Schnaiberg (1980:5) quoted in Pellow (2002:1). ²Pellow (2000:582). ³http:www.ejcw.org.

6. Introduction  Recent National-Level Reassessment: those factors “uniquely associated with race, such as racial targeting, housing discrimination, or other race-related factors are associated with the location of the nation’s hazardous waste facilities.”³  Analyses of California 4 : Various forms of environmental inequality documented:  The San Francisco Bay Area (e.g., Environmental Breast Cancer Movement, TRI facilities and Est. Cancer Risks from Air Toxics Exposure)  Silicon Valley (e.g., High-tech industry exploitation of immigrant workers and the environment)  San Joaquin Valley (e.g., pesticide drift, facility siting, and water well contamination & cancer clusters); and  Southern California (e.g., TSDF & TRI facility locations, Est. Cancer Risks from Air Toxics Exposures, and “white privilege”) ³Mohai and Saha (2007:343). 4 Brown (2007); Cole and Foster (2001); Morello-Frosch et al. (2002); Nash (2006); Pastor et al. (2005); Pastor et al. (2007); Pellow and Park (2002); Pulido (1996, 2000); Harrison (2008, 2006).

7. Introduction  Common Foci on the Bay-Delta Region:  Engineering, agricultural & resource economics, hydrology, etc.: Important & Informative, but biophysical and econometric bias 5  Risk assessments and ecosystem analyses: Advance our understanding of water quality and fish contamination problems, but often disconnected from region’s demographics and geographic communities 6  Previous sociological and historical perspectives: Ethnographic/historical look at region’s water politics and macro-level analyses of “state-making” & the origins of U.S. flood control policy, and fish consumption and advisory awareness among disadvantaged groups. 7 5 Lund et al. (2007); Lund et al. (2008). 6 Lydy and Austin (2004); Lam et al. (1994); Davis et al. (2003); Davis et al. (2008). 7 Gottlieb (1988); O’Neil (2006); Silver et al. (2007); Shilling (2003); Shilling, London, and Lievanos (In Press).

8. Introduction

9.  2 studies beginning to explicitly explore water inequality in the region:  Shilling (2003): Located zip code areas w/highest frequency of anglers in river locations w/high mercury concentrations (>0.3 parts per million) in fish tissue, but no comparison was made to areas outside these locations.  Silver et al. (2007): African Americans and Asians (Vietnamese and Cambodians) and those not aware of fish advisories in the region are potentially at the highest risk for eating contaminated fish from the Delta. Does not look at the relationship between the spatial distribution of water hazards and community demographics.

10. Research Strategy  Questions:  What is the social and spatial distribution of water inequality in the Bay-Delta?  What are the perspectives from potentially impacted communities on this water inequality  Approach  Geographic Information Systems (GIS) to assess “plausible exposure zones” to surface water hazards (4-mile buffer) ¹ and select tracts with 50% or more of their area within the buffer to reliably capture the tracts and demographics within the buffers.  Ethnographic observations, interviews, focus groups ¹See Harner et al. (2002) for the discussion of U.S. EPA’s reasoning for the 4-mile buffer. ²See Mohai and Saha (2007) for more on this method called, “50 percent areal containment” method.

11. Research Strategy  Key Primary Data and Methods  “Snow Ball Sample” ¹ for 16 interviews and 3 focus groups with community members and environmental health and justice organization representatives in the region (N=45): Race and ethnicity: 40% Latino, 27.5% Caucasian, 22.5% Asian/Pacific Islander, 4.5% African American, 4.5% Native American; Country of origin: 36% born outside U.S. in countries such as Mexico, El Salvador, Peru, the Philippines, Hong Kong, Cambodia, and Laos; Current residence: 49% live in San Joaquin, 29% in Contra Costa, 13% in Sacramento Counties with 7% living in Stanislaus or Alameda counties who commute to the Delta for work; Median age of those who gave it (N=39) was 52 years old; Average length of residence of participants at current residence: 14 years with only 4 individuals at their residence for less than a year; Income: 47% had an annual household income under $34,999, 25% between $50,000 and $74,999, and 19% between %75,000 and $149,999 (N=32).  Data read and coded in Nvivo 8 – qualitative data analysis software – and double checked between the members of the research team ¹ (Lofland et al. 2006).

12. Research Strategy  Key Secondary Data and Methods  Inventory of Surface Water-Toxic Releasing Facilities in California in 1999 with hazard scores ¹ (U.S. EPA’s Risk-Screening Environmental Indicators Version 2.1.5 (9/2007)  January 1, 2009 release of Geodata (U.S. EPA’s latest  List of “Impaired” rivers, streams, and major water bodies as of 2006 (California State Water Resources Control Board (SWRCB 2008a; 2008b)  1970-2000 Population and Housing Data from the U.S. Census Bureau (courtesy Seattle Regional Office)  Spatial Analysis (ArcInfo V.9.3).  Statistical Analysis (SPSS V. 17): Independent Sample T-Tests (comparison of means of those contained within the buffers against those outside the buffers) Logistic Regression (find strongest predictors of proximity to water hazards) ¹Hazard scores = pounds of toxic emissions x the oral toxicity weight of toxins emitted

13. Organization of the Findings  Qualitative Themes:  Mistrust in Government and Authority  Stuck between a Fish and a Hard Place  GIS and Statistical Analysis:  Description of the social and spatial distribution of water inequality in the region  Predictors of water inequality: indirect bias, direct bias, and legacies of bias

14. Institutional Recreancy: Mistrust in Government and Authority Assistance with data analysis from Trina Filan “All the hype that has been created around a catastrophe that could happen in the Delta, a seismic catastrophe etcetera…there has never been a major seismic event in the Delta, in the history of the Delta. So, granted we have a lot more information now on what faults are, and who am I to, to question [experts on the Delta]….[T]o me it feels like an excuse, uh, [to] change the whole region, for economic benefit. Um, so…I guess to me, the whole effort seems very, very orchestrated.” (Personal Interview, 2008) “[W]hen you use the Katrina example, ok, this is what’s really frustrating to me…If you’re going to spend $21 billion on a bypass that is further going to sink the islands to create more local flooding, where in the world are we gonna have any money left to keep up with levee maintenance and protect the levees? And the Katrina-type failures, are…if they’re gonna happen they’re gonna happen in San Joaquin county. South Sacramento and San Joaquin county, ok? …[T]hey’re already taking, FEMA’s already deserted five levees, ok? If that is really a concern then why isn’t out of all this planning fixing those levees first most important.” (Personal Interview, 2008) “[Y]ou have this, you know, this hierarchy…the land owners, these various different professionals and all, and their main concern is really themselves and protecting their own interests rather than, you know, some general plan to help for the good of all, the whole. Do you see what I mean? And that’s what I see as a problem.” (Personal Interview, 2008)

15. Institutional Recreancy: Mistrust in Government and Authority Assistance with data analysis from Trina Filan “And I was wondering okay, what do I do if something happens? And see, in terms of emergency preparedness…a lot of it is very generic, as far as I’m concerned. You want to be able to know what you can do and where you can go, and you want to have some means of knowing to get out….[T]here was never any notice that if you hear that siren go off for whatever you need to go out of there, you are in real danger, particularly down in the Delta where there are a lot of farm laborers….That seems to me to be a very critical issue. You can’t just let people drown like rats...you know what I mean?... …It seems like the Department of Water Resources holds water in all of these dams until it reaches a very critical level [then t]hey just start massively dumping water down into the rivers…and it really raises that river level, and it really speeds up the flow of the water in all. So, that’s about the water they are pushing and the velocity that it gains because they are dumping so much water out and all. And like I said I don't understand the philosophy. I guess they’re thinking, ‘Well, we can't afford to lose this water,’…but…you start throwing these massive volumes of water down that creates really critical safety issues for everybody….[Y]ou know, you have purportedly a weakened levee system already, and you’re putting added pressure on it by all this water at the bottom…and so, you know, that has got to be putting a lot of stress on the levees, and you’re creating a condition that could easily turn into a disaster” (Personal Interview, 2008).

16. Between a Fish and the Hard Place: Negotiating Place Attachment and Risky Subsistence Fishing spots as a “my place of solace out there in that water,” where they “sit there…relax and [have] time away from everybody” (Personal Interview, 2008). “If you have less money to buy food, you fish more. If you have less work and money, then you will go to the dollar store for food which has food that is worse for you.” (Focus Group, 2008). “Water affects us when the factories send waste into the river and ocean. This affects fish and all of us because it contaminates the water. There is a drain next to where I fish with liquid that comes [from] I don’t know where. I don’t know what factories are around there” (Focus Group, 2008).

17. Between a Fish and the Hard Place: Negotiating Place Attachment and Risky Subsistence “[I]t makes my family and I feel sad that our elders and our youth will no longer be able to enjoy the clean water that our ancestors did. My brothers no longer fish to eat as they have seen the deformities and sickness come from the water. Now they fish for the sport of it…[Whatever] Sacramento's decision[s] are on the State's water management will impact our people in many ways. It will impact fishing areas if the water is diverted to other areas, it will dry up our sloughs, gathering areas, and much more.” (Personal Communication, 2008) “[I]t’s not an easy thing to live in two different worlds…I leave [home]. I go to work. I’m in their world. I live by their rules. I act like them, ok, to a certain extent. I go out the door, I come home, I’m in my own world, you know? I do what native people do. I act like a Native. I feel like a Native. I eat like a Native, you know? And, it’s not easy juggling my life like that, but that’s how I have to live because…most people…cannot relate.” (Personal Interview, 2008) “[R]ight now, the only policy option is to tell people to eat different fish or less of the contaminated fish. So, it’s totally on the consumer, and it’s their personal responsibility to not accumulate toxins. And that’s pretty much where it stands. And that’s not acceptable.” (Personal Interview, 2008)

18. GIS and Statistical Analysis  Description of Water Inequality  Impaired Rivers and Streams  Impaired Major Water Bodies  Surface Water-Toxic Release Facilities  Surface Water Hazard Zones  Predictors of Water Inequality  Models testing three hypotheses: Indirect Bias Direct Bias Legacies of Bias

19. Impaired Rivers and Streams

20. * = % Employed in precision production, transportation, & labor occupations Table 1: Statistical Significance of Means (Independent T-Tests) Variable1970198019902000 % People of Color.000.002.184 % Black Non-Hispanic.003.000 % Other Non-Hispanic.016.088.494.703 % Hispanic.295.532.163.011 % College Grad..042.509.277.880 % Blue Collar Worker.001.136.015.820 Med. Family/HH. Income ('99$).003.176.956.505 Med. House Value ('00 $).742.561.159.139 Pop. Density (Pop./Mi^2).123.122.088.128 Note: Sample sizes vary from 126 to 143 for contained, 709 to 740 for not contained tracts based on the variable. Equal variances assumed for each comparison of means.

21. Impaired Major Water Bodies

22. * = % Employed in precision production, transportation, & labor occupations Table 2: Statistical Significance of Means (Independent T-Tests) Variable1970198019902000 % People of Color.000 % Black Non-Hispanic.000 % Other Non-Hispanic.000 % Hispanic.042.009.001.000 % College Grad..111.156.290.463 % Blue Collar Worker.050.017.018.006 Med. Family/HH. Income ('99$).000 Med. House Value ('00 $).017.000.067.252 Pop. Density (Pop./Mi^2).000 Note: Sample sizes vary from 292 to 302 for contained, 543 to 581 for not contained tracts based on the variable. Equal variances assumed for each comparison of means.

23. Surface Water-Toxic Release Facilities

24. * = % Employed in precision production, transportation, & labor occupations Table 3: Statistical Significance of Means (Independent T-Tests) Variable1970198019902000 % People of Color.000 % Black Non-Hispanic.000 % Other Non-Hispanic.000 % Hispanic.000 % College Grad..000 % Blue Collar Worker.000 Med. Family/HH. Income ('99$).000.002 Med. House Value ('00 $).000.058.651 Pop. Density (Pop./Mi^2).000 Note: Sample sizes vary from 286 to 305 for contained, 549 to 578 for not contained tracts based on the variable. Equal variances assumed for each comparison of means.

25. Surface Water Hazard Zones

26. * = % Employed in precision production, transportation, & labor occupations Table 4: Statistical Significance of Means (Independent T-Tests) Variable1970198019902000 % People of Color.000 % Black Non-Hispanic.000 % Other Non-Hispanic.044.002.000 % Hispanic.000 % College Grad..000 % Blue Collar Worker.000 Med. Family/HH. Income ('99$).000 Med. House Value ('00 $).000.001 Pop. Density (Pop./Mi^2).000 Note: Sample sizes vary from171 to 178 for contained, 664 to 705 for not contained tracts based on the variable. Equal variances assumed for each comparison of means.

27. Predictors of Water Inequality: Impaired Waters Table 5: Logistic Regression Results of Four-Mile Proximity to Water Hazards in the 6 County Bay-Delta Region Using 50% Areal Containment Method Impaired Rivers and StreamsImpaired Major Water Bodies Variable Model 1: Indirect Bias Model 2: Direct Bias Model 3: Legacy Model 4: Indirect Bias Model 5: Direct Bias Model 6: Legacy Race/Ethnicity % Black Non-Hisp..072***.088*** % Other Non-Hisp.0.016#.062** % Hispanic0.066***.046*** Change % Black Non-Hisp., '80-'00.046***.032**-.034** Change % Other Non-Hisp., '80-'00.070***.071***-.089** Change % Hisp., '80-'00.095***.058** Economic (ln)Med. HH. Income0.924**1.196***-1.733***-2.464*** (ln)Med. Housing Value-1.507** Change Med. HH. Income, '79-'99 (1,000 '99 Dollars)-.023#.047*** Change Med. Housing Unit Value, '80-'00 (1,000 '00 Dollars).004*.006**-.004**-.005* Sociopolitical % College Grad..062***.039*** % Blue Collar Worker-0.024# Change % College Grad., '80-'00.022# Change % Blue Collar Worker, '80-'00.032** Urban Properties (ln)Pop. Density0.271***.383***.302** Change Pop. Density, '80-'00 (1,000 Pop./Mi^2)-.121*-.264***-.192** Zoning and Spatial Features Tract Intersects Primary Delta Boundary1.856# Tract Intersects Secondary Delta Boundary-1.939***-2.113***-1.899***3.469***4.096***3.533*** Tract in Alameda County-2.548***-2.553***-2.938***4.839***6.120***5.229*** Tract in Contra Costa County-2.002***-1.903***-2.321***3.424***4.909***4.200*** Tract in Sacramento County2.421***3.007***2.611*** Tract in San Joaquin County2.837***4.032***3.769*** Tract in Solano County-2.928***-2.416***-2.910***4.189***5.131***4.388*** Constant2.341***-9.109*-13.818***-2.808***30.599***18.867*** Nagelkerle R^20.2400.2260.2900.3260.4640.503 -2 Log Likelihood625.444637.817595.572878.618759.128720.112 Model X^2 (df)130.180*** (df = 9)122.524*** (df = 9)160.052*** (df = 13)232.037*** (df = 10)354.873*** (df = 10)390.543*** (df = 16) Sample Size864868864 868864 Notes: Data from the U.S. Census Bureau (1970, 1980, 1990, 2000). Significance levels: *** p <.001., ** p <.01, * p <.05, # p <.10.

28. Predictors of Water Inequality: Surface Water-Toxic Hazards Table 6: Logistic Regression of Four-Mile Proximity to Water Hazards in the 6 County Bay-Delta Region Using 50% Areal Containment Method TRI Surface Water FacilitiesSurface-Water Hazard Zones Variable Model 7: Indirect Bias Model 8: Direct Bias Model 9: Legacy Model 10: Indirect Bias Model 11: Direct Bias Model 12: Legacy Race/Ethnicity % Other Non-Hisp..060***.094***.030***.040*** % Hispanic.041***.045***.034***.065*** Change % Black Non-Hisp., '80-'00-.017# Change % Other Non-Hisp., '80-'00.057***-.041#.035** Change % Hisp., '80-'00.032**.059*** Economic (ln)Med. HH. Income-1.291***-.655#-.791** (ln)Med. Housing Value-1.765**-1.067*** Change Med. Housing Unit Value, '80-'00 (1,000 '00 Dollars)-.004**.009***-.005** Sociopolitical % College Grad.-.028**-.070***-.063*** % Blue Collar Worker-.034#-.071**-.057** Change % College Grad., '80-'00.063***.029*.089*** Change % Blue Collar Worker, '80-'00.037**.041** Urban Properties (ln)Pop. Density.173#.259** Change Pop. Density, '80-'00 (1,000 Pop./Mi^2)-.137*-.202*** Zoning and Spatial Features Tract Intersects Secondary Delta Boundary1.277***1.059***1.257***.692**.499# Tract in Alameda County2.932***2.462***2.382***.493*.746** Tract in Contra Costa County1.665**1.681***1.798***.731** Tract in Sacramento County-1.276#-2.160***-2.655***-3.049***-3.326*** Tract in San Joaquin County1.012# Tract in Solano County1.193#.746#.789# Constant-3.036***12.056***26.811***-2.198***10.136**6.630 Nagelkerle R^20.3940.4800.5220.2290.2830.339 -2 Log Likelihood828.269751.033708.211739.858705.391665.602 Model X^2 (df) 291.260*** (df = 10) 371.940*** (df = 10) 411.317*** (df = 17) 136.355*** (df =7) 172.651*** (df = 6) 210.612*** (df =11) Sample Size864868864 868864 Notes: Data from the U.S. Census Bureau (1970, 1980, 1990, 2000). Significance levels: *** p <.001., ** p <.01, * p <.05, # p <.10.

29. Conclusion: Envisioning an Environmentally Just and Sustainable Bay-Delta  Build trust and respect with local communities in the Bay-Delta Region  Require disciplinary and credential diversification within Bay-Delta science programs and governing entities.  Institute a full research program on environmental inequality in the Bay-Delta that coordinates with current efforts of the Cumulative Impact/Precautionary Approach Workgroup in California Environmental Protection Agency’s Environmental Justice Program  Democratize California water for historically marginalized and environmentally overburdened communities through the use of multilingual, non-internet-based outreach and education methods.  Bay-Delta policy should be informed by the state’s public and tribal trust responsibilities.  Ensure fair and efficient disaster preparedness and flood protection for vulnerable and environmentally overburdened communities.  Promote just and sustainable local and state economies and land uses within the Bay- Delta and other areas connected to vital drinking water sources throughout California.  Increase financing for any and all efforts that will ensure and environmentally just and sustainable Bay-Delta.

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