Analyze

Strategic plans generated every four years include and highlight FERC motivations, goals, and emphasize key priorities the organization plans on focusing on. The newest FERC Strategic plan FY 2022-2026 demonstrates the organizations shifting focus on environmental implications and environmental justice. Compared to the previous Strategic plans from 2009 till 2022, there have been zero mentions of “environmental justice” or “environmental justice communities”. In the newest 2022-2026 strategic plan there were 24 mentions of “environmental justice” and 11 mentions of “environmental justice communities”. The newest strategic plan focuses on better examining greenhouse gas emissions by revising the analytical framework for evaluating effects of natural gas infrastructure. The newest strategic plan includes an outline to address energy security and reliability given extreme weather events, climate change and new cyber security threats. An additional priority includes improving participation in proceedings, including landowners, environmental justice communities, tribal nations, and members of the public. Their report also includes an emphasis on regulation and compliance with industry. 

The structure in which the FERC is funded is one of particular controversy, which was brought to court in 2016 by the Delaware Riverkeeper Network. The DRN alleged that the way in which the FERC was funded was inherently biased in favor of industry and violated the public's 5th amendment right. The FERC has an appropriated budget set by congress. The FERC raises revenue through the industry it regulates to reimburse and generate funding.  The lawsuit legally sided with the FERC giving the following reasons: the FERC budget has remained consistently the same, the FERC is statutorily required to eliminate under and over recovery of money, and the opposition failed ot prove it's case.

This organization works with the EPA, US Army Corps of Engineers, US Coast Guard, US Department of Energy, US Fish and Wildlife Services and other agencies on Environmental Impact Statements for new Infrastructure.

As of April 2022 the commissioners include, Commissioner James Danly, Commissioner Allison Clements, Commissioner Mark C. Christie, and Commissioner Willie L. Phillips, and Chairman, Richard Glick. Chairman and Commissioners are appointed by the President and confirmed by the Senate. Commissioners and Chair serve staggered five year terms and not more than three of the five commissioners, including the chair, can be from the same political party. Additional staffers include ~1500 employees (based on FY 2019). Staffers fulfill supplemental positions such as lawyers, engineers, economists, biologist, ecologist etc. The chairman and commissioners are at the top of the organizational structure. Administrative, Regulatory, and Litigation functions all follow. There are 13 specific departments such as the Office of Administrative Litigation, Office of Energy Policy and Innovation, Office of the External Affairs etc. all fall into one of the three functions.

FERC's mission According to the FERC government website: “Assist consumers in obtaining reliable, safe, secure, and economically efficient energy services at a reasonable cost through appropriate regulatory and market means, and collaborative efforts.” This organization as of April 2022 is operational.

Characterization of loss from Vietnam’s Ministry of Agriculture & Rural Development (2018) within the Evaluation report on 10-year implementation of the national policy for ‘agriculture-farmer-rural’ development [ not available for public view] 

• “ Aquaculture households have lost 503.2 million VND (21,665 USD) per household, then fishing households 231.3 million VND (9958 USD) per household, and coastal service households 102.0 million VND (4392 USD) per household. Note that both fishing and fish farming households lost similar por- tions of their total income, around 98 percent, even as fish farmers earn twice that of fishers on average. In a country where the average yearly income of rural households is 130 million VND or 5600 USD (MARD, 2018), losing an average of 11,000 USD per household is significant.” (Truong et al., 2021, p 8). 

Characterization of the compensation schemes adopted by Vietnam’s government:

• “According to a report by the Ministry of Finance in 2018, the government was able to provide direct cash compensation to those identified as being impacted across the four provinces. This is because of the settlement with Taiwan Formosa Plastics for 500 million USD. In addition to cash, the Vietnamese government gave over 19,000 tonnes of rice to impacted households in the months following the fish kill. The government also monitored the safety of the ocean environment. As the government switched from emergency relief to recovery support, more programmes were introduced including loan access, scholarships for students, health insurance, and livelihood training pro- grammes. The government also worked with the Fisheries Department and other relevant agencies to build environmental monitoring systems, provide consistent water testing, engage in food safety monitoring, and work towards ecological rehabilitation of aquatic stocks” (Truong et al., 2021, p 10). 

“Environmental disasters have a tendency to further increase work precarity, particularly in places that are highly dependent on eco- logical resources (Marschke et al., 2020). Livelihoods, as such, may need to transform rather than persist in the face of crises (Alexander, 2013).” (Truong, 2021, pg 3)

“ Vietnam has struggled with ineffective environmental regulatory programmes or insufficient enforcement capabilities to ensure adequate protection of the environment as Vietnam develops (Fortier, 2010). Environmental impact assessments (EIA), in general, are viewed as bureaucracy rather than as an important aspect of the development approval process (Wells-Dang et al., 2016).” (Truong, 2021, pg 4)

The narrative of the text highlights the following key points extrapolated from survey responses and interview participants:

• Impacts of the Formosa disaster on households vary by livelihood strategies, and were particularly amplified for poorer households, women, and households without diversified livelihood strategies. 

• Coping mechanisms of households primarily involved reducing household expenditures, accessing loans, adopting a new livelihood strategy, and expanding existing livelihood strategies. However, adoption rates of these coping mechanisms vary across households with livelihoods across the service, fishing, and fish farming enterprises. 

• Compensation, though cited to have ignited protests from parties not qualified for restitution, did offer substantial help to those who were able to receive compensation. Additionally, compensation delivery was delayed (between one to two years after the incident was reported), further escalating impacts across families without savings. 

• Economic recovery of household income 30 months after the Formosa incident indicates that the majority of households have recovered their livelihood activities. However, this does not take into account families who are no longer in the region (out migrated following the disaster prior to the inception of this study).

Authors of the publication have affiliations to the Hue University of Agriculture and Forestry and the School of International Development and Global Studies at the University of Ottawa, Canada. The funding for this study comes from the Vietnam National Foundation for Science and Technology Development.