Negative Evidence Packet



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1NC Inherency

Civil Rights legislation requires social justice in transportation planning



Martens et al, 2012, [Karel Martens, Institute for Management Research, Radboud University, Nijmegen, The Netherlans; Aaron Golub, School of Geographical Sciences and Urban Planning and School of Sustainability, Arizona State U; Glenn Robinson, School of Engineering and Institute for Urban Research, Morgan State University, “A justice-theoretic approach to the distribution of transportation benefits: Implications for transportation planning practice in the United States,” Transportation Research A 46 (2012), 684-695
Following the adoption of a series of directives relating to environmental quality and environmental justice (EJ) based on the Civil Rights Act of 1964, the distribution of access has received more explicit attention in (metropolitan) transportation planning practice. In line with the underlying environmental justice considerations laid down in the various documents, transportation planning most often invokes either: fostering participation of groups traditionally marginalized in the transportation planning process, preventing undue burdens from exposure to the externalities of transportation systems, or insuring the distribution of benefits among various communities. For a more complete discussion, see Cairns et al. (2003), Cambridge Systematics (2002), Forkenbrock and Sheeley (2004), and American Association of State Highway and Transportation Officials (AASHTO, 2009). Given our focus on access, we limit the discussion below to ways in which the distribution of transport benefits is addressed in practice.

Civil rights and EJ legislation related to transportation require transport authorities to relate to justice from the standpoint of ‘‘protected classes’’ – those populations, low-income or minority, who are legally protected under the several overarching legislations. Title VI of the Civil Rights Act states that: ‘‘No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.’’ The National Environmental Protection Act codified procedures for the exploration of impacts from transportation projects and public involvement in project planning. Executive Order 12898 (1994), entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,’’ effectively expanded the definition of ‘‘protected classes’’ to include low-income populations, which would be significant for transportation equity issues (42 U.S.C. §4321). Following this order, both the Department of Transportation (DOT) and Federal Highway Administration (FHWA) adopted Environmental Justice directives to clarify the importance of addressing disproportionate impacts at the federal agency level (Department of Transportation, 1997; FHWA, 1998) and the Metropolitan Planning level (FHWA and FTA, 1999).

1NC Social Justice Answers

Social inequity studies are old and out-dated



Chi and Parisi, 2011. (Guanqging Chi and Domenico Parisi—Department of Sociology and Social Science Research Center, Mississippi State University). “Highway Expansion Effects on Urban Racial Redistribution in the Post-Civil Rights Period,” Public Works Management Policy, 2011. 16:40. http://pwm.sagepub.com/content/16/1/40
Highway effects on racial redistribution in the United States have been documented in a limited number of historical case studies. However, these studies only describe the effects qualitatively and only focus on the early and mid-20th century, a period before the legal bases for social and environmental justice in highway construction were established. Little is known about the effects that highways have on population redistribution of racial and ethnic groups after these legal justice bases. This study fills the gap in the literature by contributing to the understanding of these effects in urban areas after the establishment of the legal bases. Specifically, this study focuses on the MWWA metropolitan area of Wisconsin to examine the impact of highway expansions completed between 1965 and 1970 on the population redistribution of Blacks and Hispanics from 1970 to 2000.

Highway expansion improves living conditions for black neighborhoods and provides access to more affordable housing for Hispanics



Chi and Parisi, 2011. (Guanqging Chi and Domenico Parisi—Department of Sociology and Social Science Research Center, Mississippi State University). “Highway Expansion Effects on Urban Racial Redistribution in the Post-Civil Rights Period,” Public Works Management Policy, 2011. 16:40. http://pwm.sagepub.com/content/16/1/40
The findings indicate clearly an impact of highway expansion on urban racial redistribution in census tracts within 3 miles of expansion segments from 1970 to 2000. Highway expansion was found to promote Black growth in neighborhoods 1 to 3 miles from the expansions, where residents can get away from the disamenity aspects of highway expansion such as noise and lowered housing prices but can take advantage of easy access to highways. Highway expansion was also found to promote Hispanic growth in neighborhoods within 1 mile of the expansion segments, where housing prices were lower.

Highways do not cause social inequity. They also increase social equity.



Chi and Parisi, 2011. (Guanqging Chi and Domenico Parisi—Department of Sociology and Social Science Research Center, Mississippi State University). “Highway Expansion Effects on Urban Racial Redistribution in the Post-Civil Rights Period,” Public Works Management Policy, 2011. 16:40. http://pwm.sagepub.com/content/16/1/40
Clearly, the two roles that highways play in affecting urban racial redistribution seem contradictory. Although highways are unfavorable infrastructure for some, they facilitate commuting for others. It may be simply that highways affect urban racial redistribution both as a disamenity and an amenity. For residents living in the immediate neighborhoods of highway construction, highways act as a disamenity by producing environmental pollution and decreasing housing prices. For residents living in a few blocks away from highway construction, highways act as an amenity by providing easier access to transportation. The objective of this study, thus, is to examine the dual role that highway expansion plays in affecting urban racial redistribution after the legal bases for social and environmental justice in highway construction were established.




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