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By Darius Spearman (africanelements)
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Imagine living with raw sewage backing up into your home or pooling in your yard. This isn’t a hypothetical scenario; it’s the reality for many Black families in Lowndes County, Alabama—a landmark 2023 settlement aimed to resolve this crisis once and for all. However, the Trump administration recently terminated this agreement, calling it an “illegal DEI and environmental justice policy” (AfroTech). This decision effectively halts a crucial first step in using federal civil rights law to fight environmental injustice (Inside Climate News; Environmental Health News; Planetizen).
The administration cited a purported January 20, 2025, executive order as the reason for ending federal Diversity, Equity, and Inclusion (DEI) programs (AfroTech; Department of Justice; Planetizen). They framed the move as being in the “national interest,” prioritizing this vague concept over addressing documented racial inequities in basic sanitation. Consequently, this action casts serious doubt on the future of federal support for these suffering communities.
Trump DEI Policy Alabama: Settlement Scrapped
The decision to end the settlement wasn’t made in a vacuum. It directly stems from the administration’s stance against diversity, equity, and inclusion (DEI) initiatives. The Department of Justice explicitly cited President Trump’s executive order targeting federal DEI programs as the justification for terminating the Lowndes County agreement (AfroTech; Department of Justice). This move positions the fight for basic sanitation in Black communities as a casualty of a broader political battle against equity-focused policies.
By labeling the settlement an “illegal DEI and environmental justice policy,” the administration essentially reframed a public health and civil rights issue as a matter of political ideology (AfroTech). This ignores the documented history of neglect and the specific environmental challenges faced by these majority-Black areas. Rather than viewing the settlement as a remedy for discrimination, it was painted as an improper use of federal resources. This decision, therefore, prioritizes the dismantling of DEI frameworks over the tangible needs of citizens exposed to hazardous conditions.
Reasons Cited for Settlement Termination
Alabama Black Belt Sewage Crisis: A Lingering Problem
For generations, residents in Alabama’s Black Belt, particularly Lowndes County, have endured a devastating sewage crisis (Inside Climate News; Environmental Health News). Failing septic systems and a near-total lack of adequate wastewater infrastructure mean that many families live with daily exposure to raw sewage. Waste often discharges directly into yards or even backs up inside homes, creating constant health hazards (AfroTech).
This isn’t just about faulty pipes; it’s deeply intertwined with the region’s environment and economy. The area’s dense, impermeable clay soil makes traditional septic systems largely ineffective and very expensive to install or repair (Inside Climate News; Planetizen). Combined with high poverty rates, families are often unable to afford the specialized, costly systems needed. Consequently, these sanitation disparities persist, highlighting a stark contrast between conditions in these rural, majority-Black communities and more affluent, often whiter, urban areas.
Defining Diversity, Equity, and Inclusion (DEI)
DEI (Diversity, Equity, and Inclusion): This term refers to policies and practices aimed at creating fair and just systems where everyone, especially those from historically marginalized groups, feels represented, supported, and treated equitably. In the context of sustainability and the environment, DEI means ensuring that communities facing the brunt of problems like pollution or lack of infrastructure are central to finding solutions (Earth Day).
DEI efforts focus on amplifying voices, particularly Black and BIPOC voices, investing in environmental justice, and making sure underserved communities benefit from climate action and environmental policies (Earth Day). Many organizations and institutions integrate DEI to foster better decision-making and address intersecting environmental, economic, and social inequities (Greenly; UCLA Sustainability; Witty Works).
Understanding Environmental Justice Rural Sanitation
The situation in Lowndes County is a textbook example of environmental injustice. Environmental justice is the principle that all people, regardless of race or income, deserve equal protection from environmental harms and equal access to environmental benefits. Crucially, it addresses the systemic racial and economic biases that lead to disproportionate burdens, like pollution exposure or inadequate infrastructure, falling on marginalized communities (Earth Day).
Research, like that from Dr. Robert Bullard, has long shown how BIPOC communities historically bear the brunt of environmental risks, often due to the placement of toxic facilities or neglect of essential services (Earth Day). The raw sewage crisis in Alabama’s Black Belt, stemming from failed infrastructure and lack of investment, perfectly illustrates this injustice. Furthermore, addressing these issues involves advocating for policies that prioritize the needs and rights of underserved communities, ensuring equitable access to essential resources such as clean water and safe sanitation (Piedmont Environmental Council).
What is Environmental Justice?
Environmental Justice: This concept tackles the unfair distribution of environmental burdens based on race and income. It highlights how marginalized communities, often Black and BIPOC communities, face higher exposure to pollution, toxic waste, inadequate infrastructure (like sanitation systems), and climate change impacts (Earth Day). It also involves ensuring these communities have a voice in decisions affecting their environment.
Examples like the Flint water crisis or the siting of waste facilities predominantly in minority neighborhoods demonstrate environmental injustice (Earth Day). Achieving environmental justice means correcting these systemic inequities and ensuring fair treatment and meaningful involvement for all people regarding environmental laws, regulations, and policies (Piedmont Environmental Council).
Federal Civil Rights Environmental Law Tested
The terminated settlement was more than just a local agreement; it was historic. It marked the first time federal civil rights law was used to specifically address environmental justice issues related to sanitation (AfroTech; Inside Climate News; Environmental Health News; Planetizen). This groundbreaking approach, initiated under the Biden administration, offered a potential new avenue for communities facing similar neglect nationwide.
The conditions in Alabama’s Black Belt had already drawn international attention. A 2017 United Nations report by Philip Alston, then the special rapporteur on extreme poverty, explicitly linked the sewage crisis to systemic racism and state inaction (Inside Climate News; Planetizen). The federal settlement represented a long-overdue acknowledgment and attempt to rectify this deep-seated injustice using civil rights enforcement. Consequently, its termination is not just a setback for Lowndes County, but it also potentially dims the prospects for using this legal tool elsewhere.
Community Leaders Condemn Wastewater Settlement Termination
The decision to end the settlement drew sharp criticism from those who have been fighting for sanitation justice for years. Catherine Coleman Flowers, a MacArthur Genius Grant recipient and founder of the Center for Rural Enterprise and Environmental Justice, has long highlighted the crisis in Lowndes County. She emphasized that this is a universal issue requiring broader federal action on rural sanitation, not something to be dismissed under a political label (AfroTech; Inside Climate News; Environmental Health News).
U.S. Rep. Terri Sewell, who represents the district including Lowndes County, forcefully condemned the termination. She stated plainly that the settlement addressed a critical public health crisis impacting her constituents, not DEI preferences (Inside Climate News; Environmental Health News). Furthermore, Barry Brock of the Southern Environmental Law Center described the administration’s decision as both “arbitrary and inhumane,” stressing the real-world consequences of revoking commitments for basic sanitation infrastructure (Environmental Health News). Rep. Sewell vowed to continue fighting for the necessary resources despite this setback.
Voices of Opposition: Reactions to the Termination
What Happens Now? Environmental Justice Uncertain
With the federal settlement terminated, the path forward for addressing the Lowndes County sewage crisis is unclear. Alabama state health officials have indicated that they will continue to install some septic systems using existing funds (Environmental Health News; Planetizen). However, they also stressed the limitations of their resources and authority to implement the kind of comprehensive, long-term solutions the region desperately needs.
The Department of Justice, meanwhile, has not offered any alternative plan to ensure adequate access to sanitation, either in Alabama or nationwide (Inside Climate News; Environmental Health News). This lack of clarity leaves advocates and residents uncertain about the federal government’s commitment to tackling environmental justice issues in rural communities. Consequently, the termination raises serious questions about whether systemic problems, such as the one in Lowndes County, will continue to be ignored or deprioritized under the banner of opposing DEI.
ABOUT THE AUTHOR
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
