Rise of the Environmental Justice Rise of the Environmental Justice Movement in the United StatesMovement in the United States

andandIntroduction to Global Introduction to Global Environmental PoliticsEnvironmental Politics

““Environmental Justice”Environmental Justice”

Robert FigueroaRobert Figueroa Claudia Mills Claudia Mills

Environmental Protection Agency (EPA)Environmental Protection Agency (EPA)

Created by the Revised Clean Air Act, 1970.Created by the Revised Clean Air Act, 1970.

Set air, water, pesticide, industrial chemical, Set air, water, pesticide, industrial chemical, and toxic and hazardous waste standards to and toxic and hazardous waste standards to protect human health.protect human health.

Ecological health standards were added Ecological health standards were added later.later.

Some Criticisms of the EPASome Criticisms of the EPA

1.1. Focused on regulation and not on Focused on regulation and not on prevention of harms to health.prevention of harms to health.

2.2. Racial divide in enforcement.Racial divide in enforcement.

3.3. Controversial history: Numerous Controversial history: Numerous exemptions to regulatory standards were exemptions to regulatory standards were granted, and standards were often held granted, and standards were often held hostage by presidential administrations hostage by presidential administrations and special interests.and special interests.

RiskRisk

Many environmental legal standards are Many environmental legal standards are based on the concept of risk.based on the concept of risk.

Risk = Probability of a harm multiplied by Risk = Probability of a harm multiplied by the magnitude of its consequences.the magnitude of its consequences.

Risk is an elusive and value-laden concept.Risk is an elusive and value-laden concept.

Risk is often separated into risk Risk is often separated into risk assessment and risk management.assessment and risk management.

Environmental StandardsEnvironmental Standards

1. Who should set these?1. Who should set these?2. Who should be protected?2. Who should be protected?3. What should standards measure?3. What should standards measure?4. How do we get people, companies, and 4. How do we get people, companies, and

governments to comply?governments to comply?5. What should be the punishment for non-5. What should be the punishment for non-

compliance?compliance?

These questions might not be easily These questions might not be easily answered in terms of distributive justice.answered in terms of distributive justice.

Mainstream Environmentalism:Mainstream Environmentalism:Group of Ten in the 1980sGroup of Ten in the 1980s

1. National Wildlife Federation1. National Wildlife Federation2. Izaak Walton League2. Izaak Walton League3. National Audubon Society3. National Audubon Society4. Sierra Club4. Sierra Club5. Wilderness Society5. Wilderness Society6. National Resources Defense Council6. National Resources Defense Council7. Environmental Defense Fund7. Environmental Defense Fund8. Environmental Policy Center8. Environmental Policy Center9. Friends of the Earth9. Friends of the Earth10. National Parks and Conservation Association10. National Parks and Conservation Association

Criticisms of Mainstream Environmentalism Criticisms of Mainstream Environmentalism in the 1980sin the 1980s

1.1. Had lost its bite and become a culture of Had lost its bite and become a culture of reform.reform.

2.2. Was held hostage by corporate Was held hostage by corporate philanthropy and big money.philanthropy and big money.

3.3. Was dominated by professionalism.Was dominated by professionalism.

4.4. Had lost touch with its grassroots Had lost touch with its grassroots constituency.constituency.

5.5. Still did not adequately address urban and Still did not adequately address urban and rural environmental concerns.rural environmental concerns.

6.6. Was still largely a white men’s club.Was still largely a white men’s club.

Enter: The Environmental Justice MovementEnter: The Environmental Justice Movement

By the 1980s, a new type of grassroots environmentalism had By the 1980s, a new type of grassroots environmentalism had clearly arrived in the U.S.clearly arrived in the U.S.

It was a blending of social justice and environmental It was a blending of social justice and environmental concerns.concerns.

It was led primarily by people of color, women, blue collar It was led primarily by people of color, women, blue collar labor, and marginalized peoples.labor, and marginalized peoples.

It focused more on urban and rural environments: “where It focused more on urban and rural environments: “where we live, where we work, and where we play.”we live, where we work, and where we play.”

It was largely a response to inequities in the distribution of It was largely a response to inequities in the distribution of environmental burdens, the failure of environmental laws environmental burdens, the failure of environmental laws and governmental agencies to protect people, and the and governmental agencies to protect people, and the failure of mainstream environmental groups to address failure of mainstream environmental groups to address social concerns.social concerns.

Distributive justice was not its overriding concern.Distributive justice was not its overriding concern.

Different Tributaries That Nourished the Different Tributaries That Nourished the Stream of the EJ Movement in the U.S.Stream of the EJ Movement in the U.S.

1.1. Civil Rights MovementCivil Rights Movement

2.2. Anti-Toxics MovementAnti-Toxics Movement

3.3. Labor MovementLabor Movement

4.4. Native American Indian StrugglesNative American Indian Struggles

5.5. AcademiaAcademia

6.6. Mainstream EnvironmentalismMainstream Environmentalism

Some Central Concerns Some Central Concerns of the EJ Movement in the U.S.of the EJ Movement in the U.S.

Siting of facilities that produce toxic and Siting of facilities that produce toxic and hazardous materials and wastehazardous materials and waste

Environmental racismEnvironmental racism Institutional and environmental Institutional and environmental

discriminationdiscrimination Occupational health and safety in industrial Occupational health and safety in industrial

and agricultural sectorsand agricultural sectors Land rightsLand rights Urban environmental politics and the right Urban environmental politics and the right

to a safe, livable environmentto a safe, livable environment Struggles of indigenous peoplesStruggles of indigenous peoples

Justice Dimensions of Environmental JusticeJustice Dimensions of Environmental Justice

1. Distributive Justice: How should 1. Distributive Justice: How should environmental burdens and benefits be environmental burdens and benefits be distributed?distributed?

And there’s also:And there’s also:2. Procedural Justice: What are fair and equitable 2. Procedural Justice: What are fair and equitable

procedures for making distribution decisions?procedures for making distribution decisions?But:But:

What is missing is an examination of social, What is missing is an examination of social, cultural, symbolic, and institutional cultural, symbolic, and institutional conditions underlying unfair distributions of conditions underlying unfair distributions of burdens and benefits.burdens and benefits.

Another Justice Dimension Another Justice Dimension of Environmental Justiceof Environmental Justice

Participatory JusticeParticipatory Justice

Who gets to make the decisions about how to Who gets to make the decisions about how to distribute environmental burdens and benefits?distribute environmental burdens and benefits?

One important insight from the EJ Movement is One important insight from the EJ Movement is that participatory justice might be more that participatory justice might be more important than distributive and procedural justiceimportant than distributive and procedural justice—focusing on distributions and procedures —focusing on distributions and procedures obscures social structures and the institutional obscures social structures and the institutional context in which environmental decisions are context in which environmental decisions are made.made.

But there’s more—next slide please. But there’s more—next slide please.

Recognition and IdentityRecognition and Identity

If you aren’t recognized and respected, If you aren’t recognized and respected, you don’t participate in decision-making.you don’t participate in decision-making.

Recognition and identity are not goods to Recognition and identity are not goods to be distributed like burdens and benefits.be distributed like burdens and benefits.

This creates a need to look at the This creates a need to look at the relationships between social, cultural, and relationships between social, cultural, and environmental harms and benefits, as well environmental harms and benefits, as well as the lack of democratic participation.as the lack of democratic participation.

Once More: Justice Dimensions of Once More: Justice Dimensions of Environmental JusticeEnvironmental Justice

Recognition or identity justiceRecognition or identity justice Participatory justiceParticipatory justice Distributive justiceDistributive justice Procedural justiceProcedural justice

Slogan of the EJ Movement:Slogan of the EJ Movement:““We speak for ourselves.”We speak for ourselves.”

Informed ConsentInformed Consent

Many cases of environmental injustice involve a Many cases of environmental injustice involve a violation of informed consent.violation of informed consent.

Informed Consent:Informed Consent:

1. Competence1. Competence 2. Voluntariness2. Voluntariness a. Free of compulsion and threatsa. Free of compulsion and threats b. There are comparable alternativesb. There are comparable alternatives3. Disclosure3. Disclosure4. Understanding4. Understanding

Principles of Environmental JusticePrinciples of Environmental Justice

http://www.ejnet.org/ej/principles.htmlhttp://www.ejnet.org/ej/principles.html

Transformative Politics of Transformative Politics of the Environmental Justice Movement (EJM)the Environmental Justice Movement (EJM)

1.1. EJM reconstructs social relations through EJM reconstructs social relations through grassroots actions.grassroots actions.

2.2. EJM concerns self-representation and EJM concerns self-representation and agency and is not merely a new agency and is not merely a new consciousness.consciousness.

3.3. Redefining, reinventing, and reconstructing Redefining, reinventing, and reconstructing political and cultural discourse and political and cultural discourse and practices can lead to fundamental social practices can lead to fundamental social and environmental change.and environmental change.

4.4. Transformation involves individuals, Transformation involves individuals, communities, and institutions.communities, and institutions.

Academic/Activist Robert D. BullardAcademic/Activist Robert D. Bullard

http://www.jodisolomonspeakers.com/speakerspdfs/Bullard,%2http://www.jodisolomonspeakers.com/speakerspdfs/Bullard,%20Robert%202006.pdf0Robert%202006.pdf

Bullard: Dominant Bullard: Dominant Environmental Protection ParadigmEnvironmental Protection Paradigm

Exists to manage, regulate, and distribute Exists to manage, regulate, and distribute risks.risks.

Reinforces, rather than challenges, existing Reinforces, rather than challenges, existing unjust stratifications of people and places.unjust stratifications of people and places.

““The Environmental Justice The Environmental Justice Movement provides a bottom-Movement provides a bottom-

up up challenge to this paradigm.”challenge to this paradigm.”

Bullard: Impetus for a Paradigm ShiftBullard: Impetus for a Paradigm Shift

Need to address:Need to address:

1.1. Procedural EquityProcedural Equity: extent to which governing rules, : extent to which governing rules, regulations, evaluation criteria, and enforcement regulations, evaluation criteria, and enforcement are applied uniformly across the board.are applied uniformly across the board.

2.2. Geographical EquityGeographical Equity: location and spatial : location and spatial configuration of communities and their proximity to configuration of communities and their proximity to environmental hazards and LULUs (locally environmental hazards and LULUs (locally unwanted land uses).unwanted land uses).

3.3. Social EquitySocial Equity: role of sociological factors in : role of sociological factors in environmental decision-making.environmental decision-making.

Bullard’s New Environmental Justice Bullard’s New Environmental Justice FrameworkFramework

1.1. Ground the framework on the principle that all individuals Ground the framework on the principle that all individuals have the right to be protected from environmental have the right to be protected from environmental degradation.degradation.

2.2. Also ground the framework on the precautionary principle Also ground the framework on the precautionary principle to protect workers, communities, and ecosystems.to protect workers, communities, and ecosystems.

3.3. Shift the burden of proof to polluters and dischargers who Shift the burden of proof to polluters and dischargers who do harm, who discriminate, and/or who do not give equal do harm, who discriminate, and/or who do not give equal protection to all racial and ethnic groups.protection to all racial and ethnic groups.

4.4. Adopt a public health model of prevention as the Adopt a public health model of prevention as the preferred strategy to eliminate a threat before it occurs.preferred strategy to eliminate a threat before it occurs.

Global Environmental GovernanceGlobal Environmental Governance: Chapter III : Chapter III “From Stockholm to Johannesburg: First Attempt “From Stockholm to Johannesburg: First Attempt

at Global Environmental Governance”at Global Environmental Governance”

James Gustave SpethJames Gustave Speth Peter M. HaasPeter M. Haas

North-South DistinctionsNorth-South Distinctions

GeographyGeography

Economic StandingEconomic Standing

Political HegemonyPolitical Hegemony

Former Colonizers vs. Former ColoniesFormer Colonizers vs. Former Colonies

Developed World vs. Developing WorldDeveloped World vs. Developing World

First World vs. Third WorldFirst World vs. Third World

Characterizing the SouthCharacterizing the South

Colonial legaciesColonial legacies Low average per capita incomeLow average per capita income Low rates of literacyLow rates of literacy Low health statusLow health status Low life expectanciesLow life expectancies Limited infrastructureLimited infrastructure Fragile economic progressFragile economic progress High vulnerability to economic setbacksHigh vulnerability to economic setbacks Lack of capitalLack of capital Large agricultural sectorsLarge agricultural sectors Reliance on export of primary productsReliance on export of primary products

Responding to Global Responding to Global Environmental ThreatsEnvironmental Threats

1. 1. Private Voluntary ResponsesPrivate Voluntary Responses: corporations and : corporations and

consumers see it in their own best long-termconsumers see it in their own best long-term

interests to protect the environment.interests to protect the environment.

2. 2. Government ResponsesGovernment Responses: governments use their: governments use their

powers to tax, spend, and regulate to protect powers to tax, spend, and regulate to protect the environment.the environment.

a. Unilateral responsesa. Unilateral responses

b. Multilateral customs (“soft law”)b. Multilateral customs (“soft law”)

c. Multilateral conventions/treaties (“hard law”)c. Multilateral conventions/treaties (“hard law”)

Stockholm Conference 1972:Stockholm Conference 1972:United Nations Conference United Nations Conference on the Human Environmenton the Human Environment

It was largely ignored by heads of state.It was largely ignored by heads of state.

Communist countries withdrew on ideological grounds.Communist countries withdrew on ideological grounds.

Developing countries were wary about Northern concern Developing countries were wary about Northern concern with pollution and nature conservation taking precedence with pollution and nature conservation taking precedence over poverty and underdevelopment.over poverty and underdevelopment.

The conference offered no real guidance on how to balance The conference offered no real guidance on how to balance sovereign rights to natural resources with environmental sovereign rights to natural resources with environmental responsibilities.responsibilities.

After Stockholm, there was a lot of talk about global After Stockholm, there was a lot of talk about global environmental governance, but very little concrete action environmental governance, but very little concrete action was initially taken. was initially taken.

Rio Earth Summit 1992:Rio Earth Summit 1992:United Nations Conference United Nations Conference

on Environment and Development on Environment and Development 178 nations sent delegations, and 118 heads of 178 nations sent delegations, and 118 heads of

state/government attended.state/government attended.

The Rio Declaration was created. (See p. 71 in The Rio Declaration was created. (See p. 71 in GEGGEG.).)

Agenda 21 Agenda 21 was created. was created.

Statement of Forest Principles was created.Statement of Forest Principles was created.

Convention on Biological Diversity was drafted.Convention on Biological Diversity was drafted.

UN Framework Convention on Climate Change was drafted.UN Framework Convention on Climate Change was drafted.

But there was no agreement on an Earth Charter.But there was no agreement on an Earth Charter.

Johannesburg Summit 2002:Johannesburg Summit 2002:World Summit for Sustainable DevelopmentWorld Summit for Sustainable Development

Millennium Development Goals on water, energy, Millennium Development Goals on water, energy, health, agriculture, and biodiversity were health, agriculture, and biodiversity were asserted. (See p. 77 in asserted. (See p. 77 in GEGGEG.).)

There were significant discussions about the 3 There were significant discussions about the 3 dimensions of sustainable development (“triple dimensions of sustainable development (“triple bottom line”): economy, environment, and bottom line”): economy, environment, and society.society.

But no implementation plan for the Millennium But no implementation plan for the Millennium Development Goals was forthcoming.Development Goals was forthcoming.

Stereotypical Development AgendasStereotypical Development Agendas

North: Safeguard monetary interests, affluent North: Safeguard monetary interests, affluent lifestyles, and political hegemony; utilize lifestyles, and political hegemony; utilize Southern markets for labor and as waste sinks.Southern markets for labor and as waste sinks.

South: Overcome poverty, achieve higher South: Overcome poverty, achieve higher standards of living, receive technology standards of living, receive technology transfers from North, and enter globalized transfers from North, and enter globalized markets.markets.

Stereotypical Ecology AgendasStereotypical Ecology Agendas

North: Prevent environmental degradation North: Prevent environmental degradation and catastrophes, protect nature, and and catastrophes, protect nature, and conserve biodiversity.conserve biodiversity.

South: Sustain local environments, South: Sustain local environments, progress through sustainable progress through sustainable development, and assert differentiated development, and assert differentiated responsibilities.responsibilities.

Parallels Between Environmental Justice in Parallels Between Environmental Justice in the United States and the United States and

Global Environmental JusticeGlobal Environmental Justice

Inequity: unfair distributions of burdens Inequity: unfair distributions of burdens and benefits.and benefits.

Dominance and Hegemony: unequal Dominance and Hegemony: unequal participation and lack of recognition and participation and lack of recognition and respect.respect.

Ineffective Legal Institutions and Norms: Ineffective Legal Institutions and Norms: deficient international treaties and lack of deficient international treaties and lack of procedural remedies. procedural remedies.