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Industrial Zoning in Austin, USA


Description:

In 1928, the City of Austin’s Master Plan designated East Austin (the area east of what is now Interstate Highway 35) as the area where industries, African Americans and Mexican American communities would relocate. Prior to this re-zoning, African American and Mexican American communities were throughout Austin. Implemented in 1931, the new Master Plan resulted in East Austin being the home of numerous polluting facilities and industries including the Tank Farm, the Holly Power Plant, Browning Ferris Industries (BFI), Matheson Tri-Gas Company, and Pure Casting Facility.

Mandated racial segregation, historic zoning patterns and changing economies have created many of the environmental justice problems in East Austin. The Texas Commission on Environmental Quality (TCEQ) is responsible for environmental permits for all facilities in the City of Austin. Unfortunately, the TCEQ does not believe it has authority to consider environmental justice concerns in the permitting process [1], thus perpetuating the zoning issues in East Austin. In response to the burden created by this “inappropriate land use and zoning” that placed Austin minorities next to toxic plants, a group of six Chicano and Chicana East Austin residents formed PODER in 1991. Since its formation, this group has helped to relocate or close many of the polluting facilities and has worked to change zoning and land use in their community. In 1992, PODER discovered that the companies at the Tank Farm had violated air emissions regulations and groundwater policies. They sponsored a “Toxic Tour” of the area – attended by elected officials as well as neighborhood association representatives and school leaders – and brought to light soil and groundwater contamination present at this site. Through community organizing, PODER was successful in relocating and shutting down this facility in 1993 and subsequently received their first media recognition with international coverage.

PODER also helped to relocate a recycling plant owned by BFI – one of the leading solid waste handlers in the nation – that accepted recyclables from over 350,000 households. Adding to the list of accomplishments, PODER helped to close the Holly Power Plant – which emitted chemicals contributing to ozone. This facility was surrounded by a chain link fence with a KEEP OUT sign guarding a landscape of smokestacks, metal towers and high voltage power lines in the midst of single-family homes and a school. The power plant had noise levels exceeding federal standards for residential areas, was the largest stationary source of nitrogen oxide which contributes to ozone, and was the source of many fires. Mobilization around this issue was led by PODER’s Young Scholars for Justice who conducted community health surveys and voiced community concerns through the media.

Even with all of these successes, the biggest triumph according to one of the founders is teaching and mobilizing the community to advocate for justice. This community identified the problems and knew they had to succeed in changing the zoning laws or no change would come to East Austin. Through endless meetings, presentation of maps showing injustices, and encouraging residents to contact their city councilors urging them to vote to approve their new zoning plan, PODER succeeded in 2003 by getting over 600 parcels down-zoned from industrial to residential and to restrict any more industry from going there. This was only possible because of the passionate involvement of the community. Their story was made known to the nation and the world through international media coverage after relocating and shutting down the Tank Farm in 1993 that relieved residents of over 35 years of toxic chemical emissions causing chronic illnesses. This property is currently being redeveloped into a public space for residents to enjoy.

Strong community pressure is what ultimately led to change in East Austin. The City of Austin responded to community concerns by rezoning properties, adopting a neighborhood approach to planning, enacting overlay ordinances, and expanding public participation [1]. While many single family homes were down-zoned in the new plan, currently operating industries can continue uninterrupted and PODER continues to work to change this. Also a continuing battle for this community is the fight against gentrification resulting from a newly attractive neighborhood. Rising property taxes and land uses are creating a new kind of land-use debate, one that PODER intends to play a major role in.

Basic Data

Name of conflict:Industrial Zoning in Austin, USA
Country:United States of America
State or province:Texas
Location of conflict:Austin
Accuracy of locationMEDIUM (Regional level)

Source of Conflict

Type of conflict. 1st level:Industrial and Utilities conflicts
Type of conflict. 2nd level:Urban development conflicts
Other industries
Oil and gas refining
Specific commodities:Crude oil
Natural Gas
Chemical products
Household recyclables

Project Details and Actors

Project details

Six major American oil companies were owners of the tank farm: Mobil Oil Company, Star enterprise (owned by the former Texaco), Chevron Co., Coastal States Crude Gathering Company, Citgo Petroleum Corporation, and Exxon S.A. The tanks, covering an area of 52 hectares, were used for stocking millions of gallons of petroleum products. There were five schools within a one mile radius from the site.

Type of populationUrban
Affected Population:25,000-30,000
Start of the conflict:01/01/1991
Company names or state enterprises:Browning Ferris Industries (BFI) from United States of America - Located within East Austin community
ExxonMobil Corporation (Exxon) from United States of America
Chevron Corporation from United States of America
Texaco Petroleum Co. from United States of America
CITGO from United States of America
Coastal States from United States of America - Located within East Austin community
Austin Energy from United States of America - Electricity provider and operated the Holly Power Plant
Citgo Petroleum Corporation from United States of America
Energy Renewal’s Partners LLC. from United States of America - owner of the former Holly Power Plant_ http://energyrenewalpartners.com/portfolio-items/holly-street-power-plant-demolition-travis-county-texas/
Matheson Tri-Gas Company from United States of America
Pure Casting Facility from Australia
Browning-Ferris Industries from United States of America
Relevant government actors:City of Austin, the Texas Commission on Environmental Quality (TCEQ)
Environmental justice organizations (and other supporters) and their websites, if available:PODER, Nahui Ollin/Healthy Communities and Climate Justice Project, Sierra Club

Conflict & Mobilization

IntensityMEDIUM (street protests, visible mobilization)
Groups mobilizing:Local ejos
Neighbours/citizens/communities
Women
Ethnically/racially discriminated groups
Youth
Forms of mobilization:Community-based participative research (popular epidemiology studies, etc..)
Media based activism/alternative media
Official complaint letters and petitions
Public campaigns
Street protest/marches

Impacts

Environmental ImpactsVisible: Air pollution, Fires, Loss of landscape/aesthetic degradation, Noise pollution, Soil contamination, Oil spills, Surface water pollution / Decreasing water (physico-chemical, biological) quality
Health ImpactsVisible: Other environmental related diseases, Other Health impacts
Other Health impactsMany chronic illnesses, nose bleeds in children

Outcome

Project StatusIn operation
Conflict outcome / response:Environmental improvements, rehabilitation/restoration of area
Institutional changes
Strengthening of participation
Project cancelled
Withdrawal of company/investment
Proposal and development of alternatives:Rezoning and changing land use designations
Do you consider this an environmental justice success? Was environmental justice served?:Yes
Briefly explain:PODER achieved many EJ successes since it began in 1991. Their most notable success has been mobilization of the community to get involved in the process of fighting for change. They realized a huge victory in early 2000s with a new neighborhood plan and down-zoning of many properties from industrial to residential. A continuing battle now is getting the polluting industries out and preventing the negative effects of gentrification that is now increasing property taxes and threatening the affordability of homes for long time residents.

Sources & Materials

References to published books, academic articles, movies or published documentaries

[1] PODER (People Organized in Defense of Mother Earth) organization website
http://www.poder-texas.org/

[2] A Texas twosome takes on polluters, and wins - Sierra Club 2003-09
http://vault.sierraclub.org/sierra/200309/profile_printable.asp

[3] Justice for All: Promoting Social Equity in Public Administration by Norman J Johnson and James Svara - 2011, p.200-201

[4] Environmental Justice in East Austin by Beth Cortez- Neavel in 2010
http://theaustintimes.com/2010/01/environmental-justice-in-east-austin/

[5] PODER presentation to community members urging action
http://www.undoingracismaustin.org/wp-content/uploads/2014/07/PODER-East-Side-Story-Part-1.pdf

[6] Austin's growing population is gentrifying the city's East side and hurting Austinities in the process - Daily Texas Online March 2014
http://www.dailytexanonline.com/opinion/2014/03/30/austins-growing-population-is-gentrifying-the-citys-east-side-and-hurting

Residents look to revive Austin's shrinking black community - CNN article July 2015
http://www.cnn.com/2015/07/30/living/black-austin-population-feat/

Why It Matters That Austin’s Black Population is Being Pushed to the Suburbs - January 2015
http://www.texasmonthly.com/the-daily-post/why-it-matters-that-austins-black-population-is-being-pushed-to-the-suburbs/

Cast Away - Pure Castings, Zavala Elementary, pollution, jobs ... and the neighborhood, The Austin Chronicle, 28/09/2009
http://www.austinchronicle.com/news/2009-08-28/826137/

Related media links to videos, campaigns, social network

The Relocation of the BFI Recyling Plant (Austin,TX)
https://www.youtube.com/watch?v=8HtznmGfHxE

PODER mobilization against the Tank Farm and the Holly Power Plant
https://www.youtube.com/watch?v=ziOISV3uZ-I

Other documents

Holly Power Plant Decommissioning Report Fall 2015
https://file.ejatlas.org/docs/1395/Holly_Power_Plant_Decommissioning_Progress_Report_Fall_2015.pdf

Shutting down the Holly Power Plant
https://file.ejatlas.org/docs/1395/Environmental_Justice_-_Shutting_Down_Holly_Street_Power_Plant__Austin_TX._.mp3

A Proximity and Environmental Justice Report of Industrial Lands in Austin, Texas Final report by Kimberly Koch
https://file.ejatlas.org/docs/1395/A_Proximity_and_EJ_Analysis_of_Industrial_Lands_in_Austin_Texax_by_Kymberlie_Koch_Final.pdf

How Environmental Justice Relates to Land Use Planning and Zoning A Report by the National Academy of Public Administration in 2003
https://file.ejatlas.org/docs/1395/How_EJ_Relates_to_Land_Use_Planning_and_Zoning__A_report_by_NAPA_2003.pdf

Meta information

Contributor:Bernadette Grafton and Paul Mohai, [email protected] and [email protected], University of Michigan School of Natural Resources and Environment
Last update18/08/2019
Conflict ID:1395

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