Having spent my career in environmental and occupational health policy, I am well aware of the many gaps in federal protections from pollution and toxic chemicals. Yet when I started advocating for my local community and schools to reduce use of pesticides and hazardous disinfectants and limit children’s time outdoors on high air pollution days, I gained a new, personal perspective on the severe shortcomings of federal law.
I realized I had to look for assistance at the state level. This personal experience led eventually to my new book from Island Press, A Healthy Union: How States Can Lead on Environmental Health.
The book examines leading state environmental health policies and what makes them successful, identifies policy solutions that are working, and documents steps that advocates and policymakers can take to move more states in the right direction.
History of federal fragmentation
When it comes to protecting people from environmental drivers of disease, the federal shortcomings go back decades. In the early 1900s, the federal government took on a major role in conserving natural resources and open spaces, but only a limited role related to public health.
This pattern continued into the 1970s. When the U.S. Environmental Protection Agency (EPA) was established, public health programs at other federal agencies – including those protecting air and drinking water quality – were moved to the new agency. This consolidation was intended to strengthen safeguards, but ended up sidelining the public health aspects of environmental protection instead.
Growing partisan divisions, along with industry influence, further contributed to a slowing of federal environmental health laws and regulations.
States step up
Several states stepped into the breach early on, and more have continued to do so. Many of these best-practice policies have been extensively analyzed.
Two early policies derive their strength from a strong partnership of state agencies, a university institute or extension program, and industry. For example, under the Massachusetts Toxics Use Reduction Act (enacted in 1989), the state develops a list of hazardous substances, and companies that manufacture or use them above a certain threshold are required to do toxics use reduction planning, such as making changes in products or processes.
The state’s Office of Technical Assistance provides in-person, on-site guidance, and the Department of Environmental Protection collates data. The unique Toxics Use Reduction Institute at the University of Massachusetts Lowell provides training, case studies, community grants – and even a lab where potential safer substitutes for toxic chemicals can be tested. Industry, with its on-the-ground operational knowledge, is a key partner.
A 1991 Texas law that requires all schools to implement Integrated Pest Management follows a similar recipe for success. State agencies play a key role, and Texas A&M University’s AgriLife Extension Service conducts in-person training in every corner of the state for both schools and pesticide applicators.
Both states’ laws include enforcement mechanisms, as well as provisions for steady funding that don’t depend on the vagaries of state budgets. These are just two of the many examples I found of states stepping up — see Part 2 for additional stories.
Elements underlying success
My book identifies eight actions that can increase a state’s success in enacting environmental health policies. One of the main takeaways is that environmental health education – understanding how pollution affects health and increases costs, and what to do about it – underlies every successful state policy. This can start as early as elementary school, with programs like the U.S. EPA’s Air Quality Flag Program.
Other policy solutions include enacting local initiatives, which can provide data and information to assist advocates to then push for such a policy to be adopted at a higher level of government.
Strong environmental health protections at the federal level are essential. In the meantime, the power of states to create healthy communities, and successful state policies that serve as models for others to follow, offer cause for optimism.
For more information, see Part 2 and also the webinar CHE Café: How states can lead on environmental health.
Susan Kaplan is an environmental health lawyer, professor, and writer. She has held policy positions in federal and state government, served as assistant director of an energy policy group at Harvard University’s Kennedy School, and taught environmental health policy in the public health programs of the University of Illinois Chicago and Northwestern University.