Professor Charles Tien March 30, 1998

CIVIL RIGHTS AND LIBERTIES-INTEREST GROUPS-BUREAUCRACY (AND THE ISSUE OF AIR POLLUTION)

By:

Caroline Mercier, Arnold Eugene, Li Yang, David Romero and Sladana Stefanovic

Among the different Civil rights and liberties Americans should be able to enjoy are the ones to breathe clean, good quality air, indoor (schools, homes, hospitals, offices, homes, sports complex, camps and churches) and outdoor, and live in areas safe from contaminated landfills, all very debated environmental policy issues. The United States Government at the federal as well as at the state and city levels is very much aware of the importance of the air pollution problem, in all of its aspects. They started to address them in 1955. With the passage of the "Air Pollution Control Act" under President Richard M. Nixon’s administration the CLEAN AIR ACT () which the states have to carry out. The statement "government by the people, of the people, and for the people" enables the citizens, free to express their concerns for a better America, to voice their rights, through elected officials and interest groups trying to keep American government responsive to the people, any time they feel that their powers and privileges, guaranteed and protected against arbitrary removal at the hands of government or other individual are at stake. Today, people are more and more understanding that the problem of air pollution is a daily reality that can pose a terrible threat to their health through symptoms reversible or irreversible, like migraine headaches, sore throat, nausea, skin rash, eye irritation, all due to exposition to harmful, hazardous substances. So, they are paying a much closer attention to this issue. Various government agencies like the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) are very much involved in this problem. The effects of air pollution in people’s life and government involvement in policy-making decisions in this matter will be the actual focus of this work.

Civil rights and liberties: definition-amendments (1,5,6,13,14)-conflicts: freedom of expression and order. It is well known by now that the Bill of Rights was not a part of the United States Constitution and that it was added after the Constitution was ratified, at the request of some of the framers concerns for rights and freedoms found in the 1st, 5th and 14th amendments. The freedom of expression gives them the right to declare without fear any threat they feel in relation with any grievance they may encounter on a daily basis like, for example, school children being ill because of asbestos soundproofing materials in the school; or, people in their own home, suffering from sudden ailments such as nausea, migraine headaches, skin rash, eye and nose irritation all due to the terrible, silent killing pollutants in the air; asbestos in the workplace also poses a great danger to worker’s health. Outline

Air pollution: definition and effects: Pollution is, since the beginning of time, the release in the environment, by human activities, of harmful substances (disturbing the relationship of all living things to their physical environment, and to each other, locally or over a large region) to any kind of life, including humans, plants, animals, insects, and small organisms that exist in the soil and water (Law 21). Kane Blake Frye thinks that pollution is the presence of harmful substances in the environment and that some of them occur naturally like acids, (volcanoes, hot springs) dust, pollens, and animal wastes (379). Most pollution's however are caused by people. So, what is it that causes air pollution? The main culprits are autos and industry. Most of it comes from the burning of fossil fuels (coal, petroleum and natural gas are called fossil fuels because they are made from the remains of plants and animals that lived millions of years ago). When people burn these fossil fuels, some substances are released into our atmosphere. "Researchers have found that every person in the United States uses over 10 tons of fossil fuel annually. We use them to heat our homes, stores and offices. The U.S. uses 1/3 of the world’s production of fossil fuels. Every bit of fuel that we use adds to the pollution of our air"(Frye 380). The Worldwatch Institute has estimated in 1988 that fossil fuel pollutants may cause up to 50,000 deaths per year.

There are two major types of air pollutants in the world - those that come mostly from stationary sources and those that come from mobile sources. The main sources of stationary pollution are power plants (which burn to make electricity) and manufacturing plants. The major mobile sources of air pollution are cars and other vehicles that burn gasoline. In fact, cars let off more than half of the pollutants that contaminate the air we breathe.

Pollutants from stationary sources are particulate matters, sulfur oxides and smog. Particulate matter (tiny particles of dust, ash and other substances that contribute to the pollution of the air) are the most visible form of air pollution to humans. They irritate our eyes, throat and lungs and they may contribute to diseases. Sulfur oxides (produced by the burning of coal and fuel oil in factories and power plants) are sharp smelling, colorless gases that irritate our eyes, throat and lungs. Some studies suggest that they may cause emphysema, asthma and bronchitis. Frye states that many places now forbid the burning of high-sulfur fuels and many factories now use special chemicals to combat pollution. These chemicals remove the sulfur oxides from smoke before it is released into the air (382). Smog [smoke)+(fog] is a low-lying and perceptible layer of polluted air. The city of London was very well known for its sulfur-dioxide smog, because it plagued Europe for centuries. They burned soft coal, which gave off sulfur dioxide for their heating. When the sulfur dioxide mixes with the foggy air and particulate, dense smog results. When sulfur-dioxide smog is breathed in it can paralyze the hairlike structures that keep breathing passages clear. Particles stay in the human body and inflame sensitive tissues. Breathing them becomes painful for everyone. It kills people with chronic respiratory problems. The strain of breathing the heavy smog can also make heart problems worse. But now that most cities have stopped using soft coal, London-type smog rarely happen.

Pollutants from mobile sources are the result from our heavy reliance on cars, buses and trucks to satisfy our transportation needs. Transportation is both one of the largest drains on the fossil fuel resources and one of the largest sources of pollution in the world. Pollutants from mobile sources are carbon monoxides, hydrocarbons and nitrogen oxides. Carbon monoxide is a colorless, odorless and tasteless gas, that is produce when gasoline is burned in internal combustion engines. Carbon monoxide can affect breathing, hearing, vision and thought. It also deprives the blood of oxygen, which can lead to brain damage. If people are exposed to a very high level of carbon monoxide, they can lose consciousness and die. Very high levels of carbon monoxide are found where there is a lot of traffic, in both open and enclosed places (ex: garages). Hydrocarbons are another form of automobile exhaust pollutants that are harmful to us. Some hydrocarbons are linked with various types of cancers. The hydrocarbon benzene is known to be a cause of leukemia. Besides resulting from the combustion of gasoline, benzene evaporates into the air every time a car is being filled up at a gas pump. Some industries also let off benzene into the air, making it dangerous for workers in plants that use or produce this hydrocarbon. The government has now placed limits on the amount of benzene that workers can be exposed to on the job. The other air pollutants formed by automobile exhausts are nitrogen oxides. These gases are known to react with hydrocarbons in the presence of sunlight, to form photochemical smog. This is the famous kind of smog for which Los Angeles is known. Los Angeles lies in a valley where the air circulation is poor and where the skies are sunny and the humidity low, occasionally, a layer of cool, ocean air comes in under the normally warm air above the city, and creates a temperature inversion. Motor vehicle emissions rise through the cool air, but cannot penetrate the warm layer, which acts like a lid on the L.A basin. The action of the sunlight on the trapped pollutants makes other pollutants. One of them is ozone, which can cause irritation of the eyes and nose, and also thought to cause pulmonary fibrosis, which forms scar tissue in the lungs.

Pollution can also come from spray cans. Fluorocarbon gases were used for years in spray cans to help force out their contents. When let out of the can, the gas floats into the air and releases chlorine, which destroys the ozone (the layer of the atmosphere that contains a large amount of ozone, a form of oxygen; it absorbs ultraviolet rays and keeps the Earth from losing heat). When the ozone gets near the ground, it is dangerous, but, high in the sky, it is a lifesaver because it screens out harmful ultraviolet (UV) rays from the sun and keeps them from harming the Earth. A reduction and damage to our ozone layer could lead to a change in the world’s climates. It also gives people skin cancers. These dangers posed by the fluorocarbon spray cans in 1974, made Americans react strongly. The government now limits the use of these gases in spray cans. This action is a good illustration of the growing awareness between scientists, consumers and the government agencies of the dangers of air pollution.

Certain chemicals also form air pollution in our societies. They are asbestos and lead. They are both naturally occurring minerals. Asbestos is used to form fibers that are fireproof and indestructible. Asbestos is found in cement pipes, shingles, floor tiles and insulating materials. Being around asbestos is dangerous. People who breathe in the dust can get asbestosis (a deadly lung disease). Studies have shown that people who smoke and inhale the asbestos dust have a higher risk of getting lung cancer and cancers of the intestines, than those who are near it but do not smoke. It is known that most of our homes and cars contain some asbestos in the insulation, water pipes and brake linings. Authorities and consumers are trying to stop their use of asbestos. The government has now banned the spraying of asbestos fireproofing materials on new buildings. They have also prohibited the use of asbestos soundproofing materials in schools and other public buildings. They are now also regulating the asbestos dust in the workplace. Lead is another form of chemical pollution that has always been in the environment in low concentrations. Autos have increased the amount because it is used as an additive in most gasoline's. Lead is also used in paints, glassware's, pipes and many other things. If too much lead enters the human body, lead poisoning can occur which can damage the nervous system. Being pressured by people, oil companies are now making unleaded gasoline. Hopefully, this will reduce the amount of lead in the atmosphere.

Another form of pollution that people are concerned about is acid rain. Scientists have found out that sulfur dioxides (pumped into the air by coal from power plants) and nitrogen oxides (from internal combustion engine exhaust) combine with the oxygen in the atmosphere to produce sulfuric and nitric acids. These acids mix with water and falls acid rain. In some cases, rain has been as acid as a weak solution of vinegar. It damages forests, crops poisons lakes and streams, killing fish and other aquatic life and eats away at buildings and damages historical monuments and statues. This has already happened to hundreds of lakes in North America and Scandinavia. It damages the crops and mineral content of the soil. In August 1980, the United States and Canada agreed to study acid rain and work together to stop it from spreading. In August 1984, the state of New York passed the first law in the nation that was going to cut down on acid rain. The law required New York to reduce emissions of sulfur dioxide by about 12% by 1988 and 30% by 1991.

The most common form of indoor air pollution that is suffered by most people, especially younger children is second-hand smoke. A recent report by the Environmental Protection Agency has estimated that second-hand tobacco smoke kills about 3,700 Americans per year. A recent survey by Industry Week magazine found that nearly 3/4 of the 6,000 work companies had established a policy that either prohibits smoking in the workplace or restricts it to designated areas that nonsmokers can avoid. About 15% of the companies surveyed that still did not have a nonsmoking policy considered getting one.

The Interest Groups are the lobbyists carrying public opinions an organized body of individuals sharing same political goals and trying to influence public policy decisions. Organizations such as the tobacco industry, automotive companies, and other manufactures have been limited by the federal government in order to limit pollution. Both the public and government with have made a conscience effort in the last 30 years. With the development of Earth Day, there is now an involvement of local community organizations (neighborhood associations), local and national environmental support in reducing pollution.

Above all, the major contributor to air pollution is man, caused by, burning fossil fuels power cars, buses, airplanes, cigarettes smoking, and all the smokes and fumes full of sulfur dioxide and nitrogen oxides, released into the atmosphere. Toxic fumes in the atmosphere return to us as the form of acid rain mentioned above. Air pollution in general can causes symptoms such as, burning eyes and nose, itchy and irritated throat, skin rash, breathing trouble, brain and nerve damage, skin cancer, cataracts, birth defects, and even death.

As stated before, indoor air pollution has significant damage effects on health. The levels of pollutants may be 2, 5,to 100 times higher than that of the levels outdoor. It is confined air because of reduced ventilation, synthetic building materials and furnishings, use of chemically prepared cleaning products (personal and house). It ranks among the top five environmental risks to public health. The Environmental Protection Agency’s mission is to protect Americans from human health risks and the environment.

The government is that legitimate institution established by the American people through their elected officials (representatives and state legislatures, electoral suffrage, president, senate, Supreme Court of Justice), to avoid abuse of power, lawlessness, and chaos in a country where the citizenry holds such different beliefs and values. It maintains order that guarantees life and liberty and also provides public goods and promotes equality, for the welfare of all. In 1963, the US government passed the "Clean Air Act" providing federal grants to local air pollution agencies for control programs and giving legal authority, for the first time, to the federal government to deal with interstate air pollution problems. It was amended in 1965 encouraging automakers; for example, to start developing low pollution unleaded gas engines. In 1967, the "Air Quality Act" was passed strengthening the enforcement powers of local, state and federal agencies. Congress monitors the carrying out of the laws by federal agencies. States legislatures see for state agencies carrying out air pollution control laws. It will be just a matter of time and of enforcement, the reduction of air pollution.

Bureaucracy: definition- and agencies, -Department of Health, Education, and Welfare (HEW), authorized by the 1967 legislation, designated air quality regions and enforced air quality standards upon states. The Public Health Service, part of HEW, began air pollution research and provided some technical assistance to states and local governments with the passage of the 1955 "Air Pollution Control Act" (K.J. Law 42 43).

Over all pollution has become a serious issue to be address. The people must demand congress to enforce stricter rules on manufactures, whether it be, demanding their use of recycle material, or the use of nontoxic chemicals or materials.

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