Secretary Buttigieg, Act Now to Secure Justice for Shiloh Before Trump Takes Charge

Dear Secretary Pete Buttigieg,

I understand you and your top-level appointed officials at the U.S. Department of Transportation are preparing to leave their positions given the results of the November 5 elections. Again, I am pleading with you to fully resolve the highway flooding problem and secure the funds for binding commitments to cover flood damages to homes, businesses, and property in Elba, Alabama’s historically Black Shiloh community before the Biden-Harris administration comes to an end on January 20, 2025. We have two months to get justice for the Shiloh community. Let’s not fail them. Remember, they have been flooded for six-plus years.

Again, the matter of highway flooding in my hometown of Elba is no stranger to you and the USDOT. On February 27 this year, the Bullard Center sponsored a small delegation of Shiloh leaders to meet with Assistant Secretary Christopher Coes and high-level USDOT officials in Washington, D.C. And on April 3 of this year, you and several high-ranking members of your staff, including Assistant Secretary Coes and Federal Highway Administrator Shailen Bhatt (who has already left FHWA), participated in our “Journey to Justice” tour of the Shiloh community, talked with flood impacted residents, and saw firsthand the devastation left behind by six-plus years of highway flooding. It’s not a pretty picture—a shameful and dark reminder of misuse and abuse of federal transportation tax dollars.

Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.

Through no action or fault of their own, Shiloh residents are helpless as their beloved community becomes a small lake after a rainstorm—all due to racism, reckless design, and expansion of U.S. Highway 84 (that began in 2018 by the Alabama Department of Transportation or ALDOT) under the first Trump administration USDOT. And worse, lack of government response to the Shiloh residents’ complaints about flooding and damage to their homes and property add to growing mistrust of government—including restrictive covenants ALDOT attached to residents’ deeds and an unconscionable property settlement agreement that limits the ability of current and future residents to file actions against the state. The persistent flooding is also responsible for causing residents to lose homeowners insurance coverage, making them even more vulnerable to future economic losses due to climate change.

There is an abundance of documentation and irrefutable evidence to show flooding was not a problem in Shiloh before the Alabama DOT (ALDOT) widened U.S. 84 from two lanes to four lanes and elevated it, placing the once-flat land in the Shiloh community in a bowl and forcing stormwater downhill to flood its residents. To understand this highway flooding problem, one need not be a highway planner, engineer, hydrologist, or lawyer. It’s common-sense knowledge that gravity is forcing water downhill—in this case forcing highway stormwater into the Shiloh community.

By applying the widely accepted “polluter pays principle,” it’s clear who caused the problem and where the responsibility for addressing the flooding problem rests. ALDOT caused highway flooding in the Shiloh community and should be tasked with fixing the highway and required to pay for the damages and losses suffered by the Shiloh home, business, and property owners.

The hard-working Shiloh residents deserve better. They should not have their hard-earned tax dollars used to build a highway project that’s destroying their community and stealing their inheritance and intergenerational wealth. It would be shameful and immoral to allow the flooding problem in Shiloh to carry over into the second Trump administration, when it could be fully resolved on your watch under the Biden administration. I doubt you would want your legacy to read, “USDOT Secretary Pete let the Black Shiloh community and homeowners drown.” Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.

The October 4 Voluntary Resolution Agreement (VRA) between FHWA and ALDOT was reached on a civil rights discrimination complaint filed by Shiloh homeowners against the tate agency more than two years ago. The VRA represents binding commitments to fix the highway stormwater drainage system. It’s understandable why Shiloh residents see the VRA only as a partial civil rights victory, since the agreement does nothing to resolve or compensate residents for property losses or damaged homes and businesses. This is a textbook example of highway robbery. A just solution requires putting in place binding commitments to fully compensate Shiloh residents for more than six-plus years of flood losses and damages to their homes, businesses, and property, and offering voluntary buyouts and relocation for those who seek it. That’s the just, fair, and equitable thing to do.

Again, it is important the VRA fix the highway stormwater drainage problem. And it is equally important that binding commitments and an agreement to address damaged homes, property, and businesses be reached before this administration ends because it is unlikely the next USDOT under a second Trump administration would be inclined to resolve highway flood damages and losses of Shiloh residents that were caused by ALDOT under the first Trump administration USDOT.

Finally, ALDOT caused the problem and ALDOT should be held accountable to pay for a comprehensive solution—not a “partial fix” as contained in the VRA. The pressure is mounting for Secretary Pete to act as the clock is ticking for you to step up and make the flooded Shiloh community residents whole before this administration’s time runs out for them on your watch. It’s the just thing to do and the right time to do it. And you need to act with the urgency of now! Let’s not have the record show “you left Black people in Shiloh to drown” on your watch.