Energy Justice

By: DaJohn Hart

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

The Problem (continued)

Example: Hydraulic FracturingWhat? • Water mix with toxins forced into rocks

Harm Caused • Toxic waste – Goes in nearby communities’ drinking water and air– Spreads to other areas

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The Problem (continued)

Example: Mountaintop RemovalWhat? • 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

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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

State and Federal Government Balance

Mountaintop removal: Appalachian mountain area: extractionSent 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

Does environmental protection justify a loss in economic development?

Loss IS Justified• Increased public safety &

health• Job creation in “green”

industries

Babbitt v. Sweet Home Chapter of Communities for a Great Oregon:– SCOTUS protected

environment over economic development

Loss IS NOT Justified• Negative impact on

urbanization • Negative impact on job

creation

Mariellus Shale: – More than 60,000 jobs

created

Does environmental protection justify a loss in economic development?

Does environmental protection justify a loss in energy independence?

Loss IS Justified

• Promotes innovation– Job creation– Global competitiveness

• Protects Public Health

Loss IS NOT Justified

• Negative economic impact– Higher prices/inflation– Job loss– Return to recession

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.

Political Acceptability

Problem Hydraulic Fracturing Mountaintop Removal

Favorable Public Opinion A majority of people are in favor of hydraulic fracturing

A majority oppose Mountaintop Removal, but are in favor of coal use

Cost A single well costs more than $7.6 million

$100 million annually to extract from one mountain

Proven Effectiveness Laws have yet to correct the problem

Laws have yet to correct the problem

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.

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.

Closing

• Although domestic energy self-sufficiency is important, it should not be at the expense of environmental justice or public health.

Work Cited • http://definitions.uslegal.com/e/environmental-racism/• http://earthjustice.org/features/campaigns/what-is-mountaintop-removal-mining• http://www.earthworksaction.org/issues/detail/hydraulic_fracturing_101#HEALTH• http://mountainjustice.org/facts/steps.php• http://web.mit.edu/polisci/mpepp/Reports/Econ%20Impact%20Enviro%20Reg.pdf• http://web.mit.edu/polisci/mpepp/Reports/Econ%20Impact%20Enviro%20Reg.pdf• www.epa.gov/hydraulicfracture/• http://ddoe.dc.gov/service/environmental-protection• http://dccityzen.com/?p=20238• http://

www.washingtonpost.com/wp-dyn/content/article/2007/09/29/AR2007092900959.html• http://www.epa.gov/hydraulicfracture/• http://www.epa.gov/hydraulicfracture/• http://www.thegatewaypundit.com/2012/05/obama-administration-to-pass-new-laws-to-li

mit-fracking-obama-kills-more-jobs/