Florence Cole
Image by Sandie Peters.
Residents of the Glades region in South Florida commonly call the ash plumes falling on their homes ‘black snow’. This ‘snow’ does not signal winter, but rather an environmental injustice, causing illness and death, stemming from the power the sugar companies yield in dominating the legal system and policies that reveal systemic racism.
The Story
Florida is home to the nation’s largest sugar cane industry, in 2024 producing 18 million tons alone. This massive output is driven by a group of powerful corporations, commonly called ‘Big Sugar’. This incorporates U.S. Sugar and Florida Crystals, generating $800 million in revenue annually.
The Everglades Agricultural Area (EAA) is a region that spans across Palm Beach County – accounting for 75% of Florida’s cane production. Locally, the communities refer to the area as ‘The Glades’. Annually, between October and March, 10,000 fields covering over 400,000 acres of land are burned. The aim is to reduce foliage before harvest, lowering transportation and milling costs. Despite regular assurances from Big Sugar that the particulate matter released from burning is within legal levels, the health impacts of such pollution on Glades’ residents are profound.
The smoke is filled with harmful particulate matter (PM2.5), drifting into nearby communities as clouds of ‘black snow’. Other pollutants found within the deposits are polycyclic aromatic hydrocarbons (PAHs), carbon monoxide and methane, which are repeatedly linked to upper respiratory conditions and lung cancers. Hospital admissions in the city of Belle Glade rise by at least 35% each cane season. Residents continuously report respiratory symptoms, leading to nebuliser breathing aid use during the cane season. In a preventative bid, families try to keep their children inside. Worryingly, recent scientific studies have estimated that the particulate matter is directly responsible for at least 2.5 deaths per burning season.
These conditions have led to lawsuits and legal complaints, aimed at obtaining an injunction to stop the practice and encourage an uptake in green harvesting. This effort has not been successful, rather, exposes an environmental injustice that is racially charged and legally facilitated.
What is Environmental Justice?
Environmental practices, benefits and burdens can often impact groups disproportionately. The environmental justice movement is a multi-disciplinary area encompassing a variety of justice approaches which aim for equal participation, opportunities, and protection within our environments. ‘Black Snow’ is an example of environmental injustice, as communities of colour within the Glades cannot access the same level of protection from and participation with the law as Big Sugar and the Caucasian-dominated towns. This results from policy and legal choices, which will be explored later in this blog.
Due to the U.S. jurisdiction, environmental racism and power imbalances within this case study, this blog will adhere to the U.S. Environmental Protection Agency’s (EPA) definition of environmental justice:
“The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies.”
Environmental Racism and Unequal Burden
The specific harms must be identified to assess how the law enables this environmental injustice.
Robert Bullard, a leading academic on environmental racism, describes this notion as ‘any policy, practice, or directive that differentially affects or disadvantages (whether intended or unintended) individuals, groups, or communities based on race or colour.’
There has been no admission of racist intent by state officials, yet the facts speak for themselves. Research by the Sierra Club, a U.S. environmental organisation has shown that Belle Glade – where 86% of the population identify as communities of colour – is disproportionately exposed to frequent burns and the resulting ash. Average household incomes are nearly $40,000 lower than those in the eastern Glades communities, with a third living below the poverty line. In 1991, the Department of Florida Agriculture and Consumer Services (FDACS) amended state burning regulations in response to complaints from residents in the wealthier eastern cities like Royal Palm Beach, where nearly 60% of residents are Caucasian and the median household income is $71,000. The rules prohibited burns when the winds blew westward. Since then, research shows that burns are authorised more than twice as often when winds blow eastward, towards poorer, predominantly communities of colour. Alarmingly, mortality rates in Belle Glade during the cane season are ten times higher than in cities such as Royal Palm Beach.
Image by author. A butterfly on ash, symbolising the contrast between destructive burns and the fragile lives affected.
This practice also facilitates distributive injustice. Unequal distribution of environmental burdens exposes Belle Glade to greater harm whilst limiting its ability to resist. Scholars Robert Figueroa and Claudia Mills argue this facet of distributive injustice is environmentally discriminatory when policies drive unequal exposure to environmental benefits and burdens.
In Belle Glade, residents are disproportionately burdened by harmful pollution. This is largely due to the intersection of race, poverty, and economic dependence on the industry, which makes the community more vulnerable to environmental harm, and less likely to have their voices heard. Despite loud campaigns, like those in the eastern Glades in the 1990s, their efforts have yielded little success. Legal scholar Vicki Been argues that such cases can indicate economic migration to nuisances rather than environmental injustice. Whilst many Glades residents, many of Jamaican and Haitian descent, moved to the area for jobs in the sugar industry, this overlooks a structural reality which facilitates the injustice – economic dependence severely limits residents’ ability to protest. ProPublica, an investigative journalism outlet, reported that some residents fear speaking out and remain anonymous to retain their job and retirement benefits.
Glades’ residents lack meaningful involvement and fair treatment, contravening the EPA’s definition of environmental justice and raising questions about how legal tools, like burn authorisation regulations, continue to silence them.
The Legal Landscape –remedy or catalyst for harm?
As case law will later illustrate, what is legal is not always just. Legal standards often fail to reflect the lived realities of affected communities, exposing deeper distributive injustices.
The Clean Air Act
The Clean Air Act (CAA) is the comprehensive federal law regulating air emissions in the U.S. Under section 109, the EPA is authorised to set National Ambient Air Quality Standards (NAAQS) for hazardous pollutants like PM2.5, in sugarcane ash plumes. The EPA has set the annual PM2.5 standard at 9 micrograms per cubic meter, with a 24-hour standard of 35 micrograms per cubic meter. Section 114 allows the EPA to require emission reports, monitor emissions and conduct inspections.
These legal standards offer insufficient protection and have enabled Big Sugar to repeatedly assert that air quality is safe and that residents of Belle Glade are not exposed to harmful pollutants. This narrative persists despite scientific data that proves otherwise, revealing tactics akin to greenwashing – a misleading marketing technique used by companies to distract from the reality of environmental harm.
Coffie v Florida Crystals Corporation
In 2019, a group of Glades residents brought a class-action lawsuit against Florida Crystals Corporation, seeking injunctive relief and alleging claims including negligence, strict liability for ultrahazardous activity, trespass, and nuisance. They argued that the company failed to exercise reasonable care to prevent the escape of hazardous substances, which interfered with their ability to enjoy and use their properties meaningfully.
Here, Florida Crystals repeatedly relied on data which suggested the air was healthy, reflecting the dissonance between the legal system and the lived experience of the affected communities. In the case, Florida Crystals cited readings from an air pollution monitor in Belle Glade showing that PM2.5 concentrations were within the prescribed NAAQS. Big Sugar has repeatedly employed this technique to give the impression the pollution levels are safe. For instance, the most recent U.S. Sugar air quality report shows average air pollution levels in the Glades to be 6.8 micrograms per cubic metre, well below the annual standard of 9 micrograms per cubic metre. In their report, U.S. Sugar went to the lengths of saying that the Glades have some of the best air quality in the state. Yet, as described, scientific reports have consistently shown the health effects of such pollution, including an increase in mortality rate for the area. How can it be that such ‘healthy’ air is causing this?
Faulty regulation
The monitor in Belle Glade was faulty, showing no readings for 25 days between 2019-20 when smoke plumes had been detected by other regulatory sources such as the National Oceanic and Atmospheric Administration Hazard Mapping System smoke dataset. As distant as 2013, the monitor was not fit to gauge compliance with the CAA and was given a waiver by the Florida Department of Environmental Protection to remain non-regulatory.
ProPublica, the Palm Beach Post, the University of Florida and the University of Sheffield assessed the impacts of sugarcane fines on air quality, setting up their own monitoring stations in Belle Glade. A key finding was that the 24-hour annual average used by the EPA fails to adequately capture the short-term pollution impact caused by the fires. They last less than an hour, leading to averages that look legal over a 24-hour basis. Short-term spikes were recorded that often reached four times the ‘average’ pollution in the area, which Big Sugar repeatedly cited as healthy.
The failure of monitoring systems underscored the inadequacy of current legal frameworks to protect vulnerable communities. The EPA has no standard for pollution lasting less than an hour. Yet, growing bodies of research, including from the EPA itself, show that these short-term spikes can have particularly harmful effects on respiratory conditions, such as COPD and asthma. There is a clear disconnect between legal definitions and the reality faced by these communities, perpetuating the environmental injustice faced.
Florida’s Right-to-Farm Act
Adding insult to injury, as the case progressed, Big Sugar lobbied for an amendment to Florida’s Right-to-Farm (RTFA) legislation, which protects farmers from nuisance claims. Florida’s RTFA is disproportionately strong, with the amendment entering effect in July 2021. It bars nuisance and tort claims, including negligence and trespass, if the farm has operated for over a year without being deemed a nuisance. Claims related to land use interference are barred, even if the harm extends beyond half a mile, limiting recourse for those affected by pollution.
This highlights a troubling power imbalance and the influence of politics in Florida’s legislative landscape. Florida Crystals and U.S. Sugar regularly outspend other organisations in political lobbying, spending millions per quarter. Current lobbyists include former presidents of the Florida Senate and a former Trump politician. As mentioned, Florida is also home to the nation’s largest sugarcane industry. Therefore, there is no question that Big Sugar, with the economic benefit it brings and the status of the lobbyists, has politically persuasive power.
These laws rendered the Coffie claims redundant and the case was dropped without settlement, which Florida Crystals’ attorneys, ironically called a ‘sweet and complete victory’.
The case shows that the law is not just a passive framework, but complicit and encouraging of enabling the injustices experienced by communities like Belle Glade. These injustices reveal a deeper pattern of environmental racism, intertwined with systemic injustice. Systemic racism occurs when ‘racially unequal opportunities and outcomes are inbuilt and intrinsic to the operation of society’s structures.’ This is evident here through NAAQS which dismisses the lived experiences of predominantly Black-American communities, weak monitoring mechanisms and legislative amendments, that silence redress.
The law in Florida, instead of offering protection, functions as a shield for powerful industries like Big Sugar, reinforcing a racialised system, where communities like Belle Glade are distributed no benefits.
A second chance – Merrell v Florida Crystals Corporation
The campaign of these residents will not be silenced. In a recent development (March 2025), a class action lawsuit was filed in California, targeting Florida Crystals’ marketing techniques. The case alleges violations of advertising and consumer protection laws, centring on accusations of greenwashing. One prominent example is the company’s claim that they are ‘farming to help save the planet’ through ‘practices that actually help reduce carbon in the air’. Not only are these claims false, but the industry is actively harming the planet alongside the complicit legal system – burning crops in a way that releases PM2.5 and carbon into the air and contributing to rising mortality rates.
Is this another route of attack?
Whilst the Coffie case was ultimately blocked by Florida’s RTFA, the Californian action shifts the focus to how Big Sugar portrays itself to the public through misleading marketing. Although a powerful company, Florida Crystals do not hold the same political superiority in California, an early indication this lawsuit may stand more chance.
By accusing Florida Crystals of these new claims, plaintiffs are challenging the legitimacy of the ‘healthy air’ image these companies promote, which contradicts the environmental injustices felt by residents of Belle Glade. This reframes the issue and expands the justice issue to corporate dishonesty. Reputation and brand trust are crucial for market power, therefore, this lawsuit could expand the audience of those who may be concerned – opening avenues for scrutiny and pressure through further legal challenges.
We will have to wait and see what unfolds in this trial. The plaintiffs are seeking injunctions to stop the false advertising practices, along with punitive damages. Whilst this will not directly halt the harmful activities affecting Glades’ residents, it will amplify their voices – giving strength and visibility to their cause, particularly if this lawsuit results in a favourable legal decision.
Further Threats to the Glades
This blog cannot conclude without acknowledging a pivotal recent development: President Donald Trump’s recent re-election. This outcome significantly impacts the battle for justice in Belle Glade.
Trump has rescinded executive orders, including EO12898, aimed at reducing disproportionate environmental burdens based on race and class. His administration has decided to close the EPA’s regional environmental justice offices, established to address pollution in vulnerable communities. Additionally, the White House Office of Environmental Justice has been disbanded, which under President Biden advised on the federal implementation of environmental justice policies.
These decisions declare that environmental justice is no longer a federal priority. For Belle Glade residents, this could mean fewer protections and even more barriers to justice with limited redress. Although the new lawsuit in California offers an alternative route, it cannot directly halt the harmful burning practices.
What will come next?
This blog post has examined how the law enables environmental injustice through distributive injustice and systemic racism which shapes the lived realities of Belle Glade residents. Any recommendations to seek justice for these communities must be realistic considering the recent political advancements away from the environmental justice movement.
The Californian lawsuit suggests a shift that challenges Big Sugar in front of the public. Whilst this may not directly find true justice, it adds momentum to a growing and relentless campaign. Independent investigations that expose this industry should be encouraged, and at the very least, working monitors should be installed in Belle Glade.
Justice will not come quickly but the voices of those affected remain strong, with the fight continuing louder than ever.
Source List
Investigative Project by Pro Publica, 2021, ‘The Smoke Comes Every Year. Sugar Companies Say the Air is Safe’ https://projects.propublica.org/black-snow/
Cane Production Statistics, 2010-2024, ‘Sugar cane production in the U.S. from 2010 to 2024, by state’ https://www.statista.com/statistics/191975/sugarcane-production-in-the-us-by-state/
Article in the Gulfshore Business, 2024, ‘The rise of Florida’s sugar supremacy’ https://www.gulfshorebusiness.com/the-rise-of-floridas-sugar-supremacy/
Florida Crystals website homepage, https://regenerative.floridacrystals.com
Palm Beach County Website article on local industry, ‘Sugar Cane, Rice and Sod’ https://discover.pbcgov.org/coextension/agriculture/pages/sugarcane.aspx
Article in the Guardian, 2024, ‘Black Snow: sugarcane burning makes our lives hell, Florida locals say’ https://www.theguardian.com/us-news/2024/jan/13/florida-burning-sugarcane-health-concerns#:~:text=The%20
Environmental Health Perspectives study, 2022, ‘Impacts of Sugarcane Fires on Air Quality and Public Health in South Florida’ https://ehp.niehs.nih.gov/doi/full/10.1289/EHP9957
U.S. Sugar Air Quality Update, 2023-2024, ‘Another Year of Excellent Air Quality’ https://www.documentcloud.org/documents/25520293-air-report-2024/#document/p1
Environmental Health Perspectives study, 2022, ‘Field Burning Fallout: Quantifying PM2.5 Emissions from Sugarcane Fires’ https://pmc.ncbi.nlm.nih.gov/articles/PMC9401063/
Environmental Health Perspectives study, 2008, ‘Sugar cane burning in Brazil: respiratory health effects’ https://pubmed.ncbi.nlm.nih.gov/18327496/
The Palm Beach Post article, 2021, ‘A complete failure of the state: authorities didn’t heed researches’ calls to study health effects of burning sugar cane’ https://eu.palmbeachpost.com/story/news/local/2021/08/19/sugar-cane-burning-researchers-called-black-snow-health-studies/7690883002/
Clover Coffie et al v Florida Crystals Corporation et al (2019) Case 9:190cv-80730-RShttps://www.classaction.org/media/coffie-et-al-v-florida-crystals-corporation-et-al.pdf
Sierra Club request for investigation until Civil Rights Act, 2023 https://www.sierraclub.org/sites/default/files/2023-08/FINAL%20Title%20VI%20Letter%20to%20EPA%20and%20USDA_8.25.23.pdf
Stop Sugar Burning Campaign, ‘What is Green Harvesting’ https://stopsugarburning.org/what-is-green-harvesting/
Journal Article on Environmental Justice, 2001, ‘Robert Figueroa and Claudia Mills, Environmental Justice’ https://onlinelibrary.wiley.com/doi/10.1002/9780470751664.ch30
Delegates to the First National People of Colour Leadership Summit, 1991, ‘Principles of Environmental Justice’ https://www.ejnet.org/ej/principles.html
EPA Website, ‘Our Mission and What We Do’ https://www.epa.gov/aboutepa/our-mission-and-what-we-do
EPA Website, 2013, ‘Environmental Justice-Related Terms as Defined Across the PSC Agencies’ https://www.epa.gov/sites/default/files/2015-02/documents/team-ej-lexicon.pdf
Academic Article on Environmental Racism, 2008, ‘Environmental Justice in the 21st Century’ https://www.uwosh.edu/sirt/wp-content/uploads/sites/86/2017/08/Bullard_Environmental-Justice-in-the-21st-Century.pdf
Belle Glade demographic statistics, 2025 https://www.florida-demographics.com/belle-glade-demographics
ProPublica Article, 2021, ‘A Complete Failure of the State: Authorities Didn’t Heed Researches’ Calls to Study Health Effects of Burning Sugar Cane’ https://www.propublica.org/article/a-complete-failure-of-the-state-authorities-didnt-heed-researchers-calls-to-study-health-effects-of-burning-sugar-cane#:~:text=During%20that%20period%2C%20Palm%20Beach,respiratory%20problems%2C
Journal Article on Distributive Injustice, 1994, ‘Locally Undesirable Land Uses in Minority Neighborhoods: Disproportionate Sting or Market Dynamics’
https://core.ac.uk/download/pdf/160249907.pdf
Civil Eats Article, 2019, ‘Burning Sugarcane in Florida is Making People Sick. Could ‘Green Harvesting’ Change the Game?’ https://civileats.com/2019/07/15/burning-sugarcane-in-florida-is-making-people-sick-could-green-harvesting-change-the-game/
US Code, Clean Air Act, Chapter 85 – Air Pollution https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter85&edition=prelim
EPA Website, ‘CAA 109 – National Ambient Air Quality Standards’ https://cdxapps.epa.gov/oms-substance-registry-services/substance-list-details/143
EPA Website, ‘National Ambient Air Quality Standards for PM’ https://www.epa.gov/pm-pollution/national-ambient-air-quality-standards-naaqs-pm
UN Climate Action Article, ‘Greenwashing – the deceptive tactics behind environmental claims’ https://www.un.org/en/climatechange/science/climate-issues/greenwashing
ProPublica Article, 2021, ‘Sugar Companies Said Our Investigation is Flawed and Biased. Let’s Dive Into Why That’s Not the Case’ https://www.propublica.org/article/sugar-companies-said-our-investigation-is-flawed-and-biased-lets-dive-into-why-thats-not-the-case
EPA Website, ‘Air Pollution and Cardiovascular Disease Basics’ https://www.epa.gov/air-research/air-pollution-and-cardiovascular-disease-basics
Florida Right to Farm Act http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0823/Sections/0823.14.html
Article on Right to Farm Act in The National Agricultural Law Center, ‘Right to Farm’ https://nationalaglawcenter.org/state-compilations/righttofarmoverview/#:~:text=All%20fifty%20states%20have%20enacted,to%20stop%20those%20ongoing%20operations
US Senate Lobbying Financial Report, ‘Registrations & Quarterly Activity’ https://lda.senate.gov/filings/public/filing/search/?registrant=Florida+Crystals
Vote Water Article, ‘Big Sugar Has At Least 48 Lobbyists in Tallahassee; How Many Do You Have?’ https://votewater.org/big-sugar-has-at-least-47-lobbyists-in-tallahassee-how-many-do-you-have/
Mayer Brown Law Firm, 2022, ‘Mayer Brown Secures Complete Victory For US Sugar and Florida Sugar Industry Over Pollution Claims’
Academic Article on Systemic Racism, 2021, ‘Systemic racism: individuals and interactions, institutions and society’ https://cognitiveresearchjournal.springeropen.com/articles/10.1186/s41235-021-00349-3
Macy Merrell et al v Florida Crystals Corporation (2025) Case 5:25-cv-02264-SVKhttps://climatecasechart.com/case/merrell-v-florida-crystals-corp/
Journal Article on Consumer Brand Trust, 2018, ‘Through the looking glass: the factors that influence consumer trust and distrust in brands’ https://oro.open.ac.uk/56519/3/56519.pdf
Executive Orders Rescinded by Donald Trump, 2025 https://www.jdsupra.com/legalnews/ending-illegal-discrimination-and-1314262/
Executive Order 12898, 1994, ‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’ https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf
White House Government Page, ‘White House Environmental Justice Advisory Council’ https://bidenwhitehouse.archives.gov/environmentaljustice/white-house-environmental-justice-advisory-council/