DaJohn Hart is a senior graduating from Chavez Parkside High School with a 3.4 G.P.A. He has been an honor roll student from 2008 to present and a College Advocate Scholar since 2010. He has gained work experience with organizations such as Amnesty International, Increase Access to Higher Education and Breakthrough. Mr. Hart’s interests are in math, natural science computers and medicine and he will be attending Morehouse College in the fall.
2. The Problem
Lack of Environmental Justice
– Energy companies:
• Extraction sites near poor communities
– Citizens
• Not fully informed
• Taken advantage of
• Suffer health problems
– Environmental damage
3. The Problem (continued)
Example: Hydraulic Fracturing
What?
• Water mix with toxins forced into rocks
Harm Caused
• Toxic waste
– Goes in nearby communities’ drinking water and air
– Spreads to other areas
5. The Problem (continued)
Example: Mountaintop Removal
What?
• Blowing up mountains to access and extract coal
Harm Caused
• Waste covers rivers, schools, and family graveyards
• Toxins enter the environment
• Modifies natural contours and displaces wildlife
7. Constitutionality
• Commerce Clause: Federal government has
the power to regulate interstate commerce
• Supremacy Clause: All States must abide by
federal law
• Tenth Amendment: Reserved powers to the
States
8. State and Federal Government Balance
Mountaintop removal:
Appalachian mountain area: extraction
Sent to power plants throughout the East coast
– More than one state, therefore Commerce Clause
Hydraulic Fracturing:
Mariellus Shale: multiple states
Waste and product throughout the United States
– More than one state, therefore Commerce Clause
9. Does environmental protection justify
a loss in economic development?
Loss IS Justified Loss IS NOT Justified
• Increased public safety & • Negative impact on
health urbanization
• Job creation in “green” • Negative impact on job
industries creation
Babbitt v. Sweet Home Chapter
Mariellus Shale:
of Communities for a Great
Oregon: – More than 60,000 jobs
– SCOTUS protected created
environment over
economic development
11. Does environmental protection justify
a loss in energy independence?
Loss IS Justified Loss IS NOT Justified
• Promotes innovation • Negative economic impact
– Job creation – Higher prices/inflation
– Global competitiveness – Job loss
– Return to recession
• Protects Public Health
12. Should local, state, or federal government,
make environmental policy?
• Federal Government:
– Make sure States meet federal requirements
– Focus on issues that affect multiple States
• State Government:
– Focus on State level environmental problems
– Meet Federal environmental regulations
– Focus on issue that affect multiple jurisdiction within its borders
• Local:
– Focus on local environmental problems
– Focus on issues with its borders
• District of Columbia should gain “home rule” powers to
create and enforce environmental policies.
13. Political Acceptability
Problem Hydraulic Fracturing Mountaintop Removal
Favorable Public Opinion A majority of people are in A majority oppose
favor of hydraulic Mountaintop Removal, but
fracturing are in favor of coal use
Cost A single well costs more $100 million annually to
than $7.6 million extract from one mountain
Proven Effectiveness Laws have yet to correct Laws have yet to correct
the problem the problem
14. Proposed/Traditional Policies
• Traditional:
– There are no Traditional laws to limited Fracturing
or Mountaintop Removal in a way that supports
environmental justice
• Clean Air Act and Clean Water Act
• Proposed:
– Hydraulic fracturing companies must disclose
substances used after “fracking” is complete.
15. Alternative Policy: Energy Justice Policy
• Require full disclosure before coal, “fracking,”
or similar operations begin
• Require an agreement to terms with full
information and without coercion.
• Imminent domain should never apply in these
cases.
16. Closing
• Although domestic energy self-sufficiency is
important, it should not be at the expense of
environmental justice or public health.
Can not solve at state level, so must be federally regulated.
CSO: House approved correction, but unfunded.
Pennsylvania and Oklahoma stats on fraking approval—make sure they are on a notecard somewhere in case you are asked. Also citations!Verbally note that the costs are to the companies, not the government. Governments experience indirect costs related to environmental damages, enforcement, public health, etc. However, these costs are hard to calculate.