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Supreme Court to Decide Pollution Standards for Black Communities

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Jacqui Patterson, director of the NAACP Environmental and Climate Justice Program, speaks to press outside the Supreme Court. (Jazelle Hunt/NNPA News Wire Service)

Jacqui Patterson, director of the NAACP Environmental and Climate Justice Program, speaks to press outside the Supreme Court. (Jazelle Hunt/NNPA News Wire Service)

 

By Jazelle Hunt
NNPA Washington Correspondent

WASHINGTON (NNPA) – As fossil fuel companies and environmental groups fight over the future of American energy, people of color suffer the casualties.

The latest battle is occurring in the Supreme Court with National Mining Association v. Environmental Protection Agency and its accompanying cases, in which coal mining companies and coal-fired power plants have sued the EPA over new regulations on the air pollution that overwhelmingly settles on communities of color.

The suit focuses on the Mercury and Air Toxics Standards (MATS) the EPA issued to coal- and oil-fueled power plants in 2011. It’s the first-ever federal rule to limit toxic air pollution from coal- and oil-fired power plants, which would be required to reduce emissions by upgrading their facilities to more public health-friendly systems.

Very few power plants run on oil, but the United States relies on coal for nearly half of its electricity.

Leading coal mining corporations assert that the EPA should not be allowed to issue such regulations without first considering the upgrade and compliance costs they impose. In other words, the plaintiffs want to continue manufacturing without the available community health safeguards, arguing that these regulations present an unfair financial burden and infringe on their ability to make profits.

Coal-powered facilities spew literal tons of pollutants into the air each day. This cocktail of toxins causes cancer, chronic heart conditions, ADD/ADHD, and respiratory diseases ranging from asthma to lung cancer in the surrounding communities. Mercury, in particular, is a neurotoxin—long-term exposure is known to cause fetal birth defects, brain damage or delayed development, emotional disturbances and psychotic reactions, and more.

“Sixty-eight percent of African Americans live within 30 miles of these coal-fire power plants,” said Jacqui Patterson, director of the NAACP Environmental and Climate Justice Program. She said that African American children are two to three times as likely to miss school, be hospitalized, or die from asthma attacks than White children.

She said, “For us, it’s very much a civil rights issue if certain communities are being disproportionately impacted by the pollutants that come from these coal plants.”

The NAACP is one of several groups backing the EPA in the suit. The NAACP’s accompanying report titled, “Coal Blooded: Putting Profits Before People,” grades and ranks nearly 400 coal plants around the nation. It also documents the 75 worst-offending facilities, the worst-offending companies, the toll on local communities, and the national and global implications if the emissions from these plants are not improved.

“A total of four million people live within three miles of these 75 failing plants…out of these four million people, nearly 53 percent are people of color,” the report reads. “Living in such close proximity to coal plants has serious consequences for those communities. Coal plants are single-handedly responsible for a large proportion of toxic emissions that directly poison local communities in the United States.”

According to the report, the top five plants with the worst environmental justice performance were: Crawford Gen. Station and Fisk Gen. Station in Chicago; Hudson Gen. Station in Jersey City, N.J.; Valley Power Plant in Milwaukee, Wis.; and State Line Plant in Hammond, Ind.

Most of the top offenders are in the Midwest, which houses 32 percent of all of the nation’s coal-powered energy plants. Illinois, Indiana, Michigan, Virginia, and Colorado are home to the most failing plants.

In addition to severe health problems, the Black communities will bear the worst of the effects of climate change that result from unchecked air pollution.

“Indeed, Hurricane Katrina and the tornadoes in Pratt City, AL have already vividly demonstrated that the shifts in weather patterns caused by climate change disproportionately affect African Americans and other communities of color in the United States—which is a particularly bitter irony, given that the average African American household emits 20 percent less [carbon dioxide] per year than the average white American household,” the report states.

“The six states with the largest proportion of African-Americans are all in the Atlantic hurricane zone, and all are expected to experience more severe storms as a consequence of global warming.”

EarthJustice, a nonprofit environmental justice organization, estimates that the MATS regulation would reduce mercury emissions by 75 percent, preventing up to 11,000 premature deaths, nearly 5,000 heart attacks, 130,000 asthma attacks, and more than 540,000 missed work days each year. Some power plants have already adopted the latest methods for reducing impact on human health; the MATS regulation would require all power plants to match the best-practicing plants’ emission levels by a certain date.

The Supreme Court heard arguments for the case last week in a 90-minute hearing. A decision is expected by summer.

“Fifty percent of all coal-fired power plants are 40 years old or older. The coal industry is trying to protect its old clunkers,” said Lisa Garcia, vice president of Litigation for Healthy Communities for EarthJustice, and chief advisor to the EPA on the creation of the mercury standards. “Interestingly, no one is saying, ‘don’t build it.’ Everyone is basically saying, ‘we can do this better.’ So you can operate and make your profits, but we can also do it in a healthier way that protects communities.”

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Activism

COMMENTARY: The Biases We Don’t See — Preventing AI-Driven Inequality in Health Care

For decades, medicine promoted false assumptions about Black bodies. Black patients were told they had lower lung capacity, and medical devices adjusted their results accordingly. That practice was not broadly reversed until 2021. Up until 2022, a common medical formula used to measure how well a person’s kidneys were working automatically gave Black patients a higher score simply because they were Black. On paper, this made their kidneys appear healthier than they truly were. As a result, kidney disease was sometimes detected later in Black patients, delaying critical treatment and referrals.

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Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo. Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo.
Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo.

By Sen. Akilah Weber Pierson, M.D., Special to California Black Media Partners 

Technology is sold to us as neutral, objective, and free of human flaws. We are told that computers remove emotion, bias, and error from decision-making. But for many Black families, lived experience tells a different story. When technology is trained on biased systems, it reflects those same biases and silently carries them forward.

We have seen this happen across multiple industries. Facial recognition software has misidentified Black faces at far higher rates than White faces, leading to wrongful police encounters and arrests. Automated hiring systems have filtered out applicants with traditionally Black names because past hiring data reflected discriminatory patterns. Financial algorithms have denied loans or offered worse terms to Black borrowers based on zip codes and historical inequities, rather than individual creditworthiness. These systems did not become biased on their own. They were trained on biased data.

Healthcare is not immune.

For decades, medicine promoted false assumptions about Black bodies. Black patients were told they had lower lung capacity, and medical devices adjusted their results accordingly. That practice was not broadly reversed until 2021. Up until 2022, a common medical formula used to measure how well a person’s kidneys were working automatically gave Black patients a higher score simply because they were Black. On paper, this made their kidneys appear healthier than they truly were. As a result, kidney disease was sometimes detected later in Black patients, delaying critical treatment and referrals.

These biases were not limited to software or medical devices. Dangerous myths persisted that Black people feel less pain, contributing to undertreatment and delayed care. These beliefs were embedded in modern training and practice, not distant history. Those assumptions shaped the data that now feeds medical technology. When biased clinical practices form the basis of algorithms, the risk is not hypothetical. The bias can be learned, automated, and scaled.

For us in the Black community, this creates understandable fear and mistrust. Many families already carry generational memories of medical discrimination, from higher maternal mortality to lower life expectancy to being dismissed or unheard in clinical settings. Adding AI biases could make our community even more apprehensive about the healthcare system.

As a physician, I know how much trust patients place in the healthcare system during their most vulnerable moments. As a Black woman, I understand how bias can shape experiences in ways that are often invisible to those who do not live them. As a mother of two Black children, I think constantly about the systems that will shape their health and well-being. As a legislator, I believe it is our responsibility to confront emerging risks before they become widespread harm.

That is why I am the author of Senate Bill (SB) 503. This bill aims to regulate the use of artificial intelligence in healthcare by requiring developers and users of AI systems to identify, mitigate, and monitor biased impacts in their outputs to reduce racial and other disparities in clinical decision-making and patient care.

Currently under consideration in the State Assembly, SB 503 was not written to slow innovation. In fact, I encourage it. But it is our duty must ensure that every tool we in the healthcare field helps patients rather than harms them.

The health of our families depends on it.

About the Author 

Sen. Akilah Weber Pierson (D–San Diego) is a physician and public health advocate representing California’s 39th Senate District.

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Activism

As California Hits Aging Milestone, State Releases Its Fifth Master Plan for Aging

“California’s Master Plan for Aging started a powerful movement that is shaping the future of aging in our state for generations to come,” Gov. Gavin Newsom said in a statement, calling the initiative a “future-forward” model delivering real results for older adults, people with disabilities, and their families.

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iStock.
iStock.

By Bo Tefu, California Black Media  

On Jan. 27, California released its Fifth Master Plan for Aging Annual Report,titled “Focusing on What Matters Most,” outlining the state’s progress and priorities as its population rapidly grows older.

The report, issued by the California Health and Human Services Agency (CalHHS), provides updates on the Master Plan for Aging’s “Five Bold Goals”: housing, health, inclusion and equity, caregiving, and affordability.

The report comes as Californians aged 60 and older now outnumber those under 18 for the first time, a demographic shift expected to accelerate over the next decade.

“California’s Master Plan for Aging started a powerful movement that is shaping the future of aging in our state for generations to come,” Gov. Gavin Newsom said in a statement, calling the initiative a “future-forward” model delivering real results for older adults, people with disabilities, and their families.

Launched in 2021, the Master Plan for Aging takes a “whole-of- government” and “whole-of-society” approach, coordinating state agencies, local governments, community organizations, and private partners. The annual report highlights significant milestones, including more than 100 California communities joining AARP’s Age-Friendly Network and $4 million in state funding awarded to local organizations to develop aging and disability action plans in 30 communities statewide.

The report also underscores California’s leadership at the national level, noting that dozens of states have followed its example and that federal legislation inspired by the plan was reintroduced in the U.S. Senate in December 2025.

CalHHS Secretary Kim Johnson emphasized the plan’s focus on equity and resilience amid ongoing challenges.

“The Master Plan for Aging continues to provide a vision, a focus, and a platform for collaboration,” Johnson said. “Equity is at the center of all that we do.”

Looking ahead, the report notes that by 2030, one in four Californians will be age 60 or older, positioning the Master Plan for Aging as a central framework for meeting the state’s long-term social, economic, and health needs.

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Community

Candidates Vying for Governor’s Seat Debate at Ruth Williams–Bayview Opera House in San Francisco

The gubernatorial debate participants included Antonio Villaraigosa, former Los Angeles mayor; Matt Mahan, San Jose mayor; Betty Yee, former California state controller; Xavier Becerra, former U.S. Secretary of Health and Human Services, and attorney general of California; Steve Hilton, political commentator and political adviser; Tom Steyer, entrepreneur, and Tony Thurmond, California’s superintendent of public instruction.

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The gubernatorial debate was hosted by KTVU’s Greg Lee, KTTV’s Marla Tellez and KTVU’s Andre Senior. The candidates are (l.-r.): Xavier Becerra, Steve Hilton, Matt Mahan, Tom Steyer, Tony Thurmond, Antonio Villaraigosa, and Betty Yee.
The gubernatorial debate was hosted by KTVU’s Greg Lee, KTTV’s Marla Tellez and KTVU’s Andre Senior. The candidates are (l.-r.): Xavier Becerra, Steve Hilton, Matt Mahan, Tom Steyer, Tony Thurmond, Antonio Villaraigosa, and Betty Yee.

By Carla Thomas 

 

On Tuesday, Feb. 3, seven candidates took the stage at the historic Ruth Williams–Bayview Opera House in San Francisco for the gubernatorial debate, hosted by the Black Action Alliance (BAA) in partnership with KTVU and sister station KTTV Fox 11 in Los Angeles.

 

For many voters, it marked a first opportunity to hear directly from several candidates seeking to lead the nation’s most populous state.

 

The gubernatorial debate participants included Antonio Villaraigosa, former Los Angeles mayor; Matt Mahan, San Jose mayor; Betty Yee, former California state controller; Xavier Becerra, former U.S. Secretary of Health and Human Services, and attorney general of California; Steve Hilton, political commentator and political adviser; Tom Steyer, entrepreneur, and Tony Thurmond, California’s superintendent of public instruction.

 

Crucial topics and issues addressed throughout the debate included housing, crime, immigration, climate change, health care and homelessness.

 

The debate was moderated by KTVU political reporter Greg Lee alongside KTVU’s Andre Senior and KTTV Fox 11’s Marla Tellez.

 

Candidates also addressed inflation and the rising costs across the state, impacting everything from groceries to childcare and health care. 

 

Thurmond vowed to generate 2.3 million units of housing by placing 12 units on each parcel of available land in the 58 counties of California. Steyer agreed that billionaires should pay their fair share of taxes.

 

Hilton wanted to cut taxes, help working-class families, and end the Democrats “climate crusade and insane regulations.”

 

Yee offered a more transparent governmental approach with accountability, given the state’s debt.

 

Gonzalez said, “This debate was a great way to see who has great ideas and who has substance.”

 

“It’s important to have the debate within a community that requires the most,” said business leader Linda Fadekye.

 

Attendees included State Controller Malia Cohen, representatives of the National Coalition of 100 Black Women, the National Coalition of 100 Black Men, the San Francisco African American Chamber of Commerce, and Black Women Organized for Political Action, among others. 

 

Event host, the Black Action Alliance (BAA) was established to amplify the voices of the Bay Area’s Black community, whose perspectives have too often been overlooked in politics and public policy.  

 

Loren Taylor, CEO of BAA, said it was important to bring the event to the Bayview in San Francisco and shared his organization’s mission.

 

“The Black Action Alliance (BAA) stands for practical, community-driven solutions that strengthen public safety, address homelessness, support small businesses, expand affordable housing, and ensure access to quality education—issues at the heart of the Black experience in the Bay Area,” said Taylor. 

 

California’s primary election will take place on June 2 and the general election will take place on Nov. 3. 

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