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The Legal Framework of Constructing and Operating Waste Disposal Site in Saxony-Anhalt, Germany

Misria

In Saxony-Anhalt, located in eastern Germany, the building and waste industry companies reap substantial profits thanks to the legislative and organizational framework governing the establishment and operation of waste disposal and recycling sites, such as landfills. To curtail state expenditures, German state agencies have reduced their staff with the expertise needed to evaluate proposed projects. Instead, they heavily rely on external evaluations conducted by experts closely connected to companies with a vested interest in securing ongoing contracts. While state agencies mandate oversight and safety measures, these responsibilities are delegated to the companies themselves. Only when concrete evidence, in the form of photos and videos, demonstrates that these companies are not fulfilling their obligations, do state agency employees step in to personally inspect the sites. Lastly, the approval of construction bids for waste disposal sites is typically granted unless there is substantial evidence of immediate harm to the environment or public health. In cases where the safety of the ground cannot be definitively ascertained, construction proceeds. Incomplete knowledge regarding geological factors or potential chemical reactions does not hold legal weight as an argument against waste disposal operations.

Baum, Philipp. 2023. "The Legal Framework of Constructing and Operating Waste Disposal Site in Saxony-Anhalt, Germany." In 4S Paraconference X EiJ: Building a Global Record, curated by Misria Shaik Ali, Kim Fortun, Phillip Baum and Prerna Srigyan. Annual Meeting of the Society of Social Studies of Science. Honolulu, Hawai'i, Nov 8-11.

Austin, Texas

Misria

The political process is also always a learning process, a process of attunement. And becoming attuned to relations of power also means becoming compromised, to a certain degree, despite whether this attunement takes the form of compliance or resistance. For instance, the oil and gas industry has had a large influence on the structure and character of renewable energy advocacy in Austin, Texas, even as it was being developed as a strategy of resistance to petroculture. In particular, there was the purposeful move to imitate the mineral rights contracts that the oil and gas industry had developed in order to drill on private land, creating similarly structured leasing agreements for what would come to be known as “wind farms” in many of the same locations as former drilling sites. The idea here was to create a wealthy landowning class that could help lobby for renewable energy, much like previous land owners had for the oil and gas industry. Secondly, the Texas Renewable Energy Industry Association (TREIA) collectively decided to invite the utility industry to join their ranks in order to pursue renewable energy at the utility scale through the use of Renewable Portfolio Standards. And while Austin’s early energy advocates still speak of this as a winning strategy (and indeed it was), it also reproduced the utility as a center of power and promoted a top-down style of environmental advocacy that had long shut Austin's minoritized and marginalized communities out of its environmental benefits. Building support in this way, by appealing to those who are not only likely to share your perspective and its blindspots, but that have also already shaped the political landscape in their interest, this creates the perfect conditions for injustices to transpire, persist, and even intensify. Thus, part of the struggle for just transition entails keeping the question of what counts as environmental justice or injustice held open at the same time that the former is being pursued and/or the latter resisted. 

Adam, James. 2023. "Petro-ghosts." In 4S Paraconference X EiJ: Building a Global Record, curated by Misria Shaik Ali, Kim Fortun, Phillip Baum and Prerna Srigyan. Annual Meeting of the Society of Social Studies of Science. Honolulu, Hawai'i, Nov 8-11.

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stephanie.niev…

"'Environmental Justice and Cumulative Impacts' is intended to create stronger environmental and land use policy tools at the local level to prevent and mitigate additional pollution associated with a variety of development and redevelopment projects. It also addresses environmental justice by helping to prevent Newark, which has a disproportionate number of low-income and residents of color, from having a disproportionate number of polluting projects placed within its borders" (Hislip par. 1).

"showed a graph developed by environmental justice community organizers, which detailed the differences between communities that experience pollution versus the predominant race of those communities, which showed that as the number of people of color or the level of poverty in a neighborhood increased, so too did the cumulative impacts. In New Jersey, the amount of pollution you experience is directly correlated to your income and skin color" (Hislip par. 5).

"She explained that zoning laws in Newark are slowly changing, including rezoning and getting rid of outdated rules that were grandfathered in. But the impacts from the pollutants that were allowed to run rampant are very evident. Before Newark’s zoning laws were updated in 2012, the last time they had been updated was in 1954 and therefore had little regard for quality-of-life issues. The Ironbound district later became a hotbed for environmental justice movements due to its adjacency to industrial areas. Many heavy pollutants that were planned for this area saw heavy protest from EJ activists, like automobile shredding plants and chicken crematoriums" (Hislip par.8).

"The ordinance itself requires individuals applying for commercial or industrial developments within Newark to take the following steps:

  1. Reference the city’s ERI and prepare a checklist of pollutants
  2. Submit checklist and development application to the city
  3. Checklist goes to the Environmental Commission
  4. Checklist goes to the Planning or Zoning Board (where appropriate)" (Hislip par. 9)

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stephanie.niev…

The main sources of resilience are: discussing the list of pollutants that are spread across through a demographic structure, how pollutants affect and become more apparent to different race and economic levels; the information about possible new pollutants that could appear due to the addition of new companies; and the reconstruction on the zoning laws in Newark. Additionally, there are numerous environmentalists of all types behind this new addition to the zoning and land use regulations. 

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rramos

The first point that peaked my interest is when Dr. Nicky Sheats brought up the real world example of a powerplant that was placed in the Ironbound District. It's an example of how government standards don't reflect or align with individual standards. I thought this was interesting to see how the people didn't have their due justice in deciding to have a polluting plant in their neighborhood. The other fact that caught my eye is that Newark zoning laws, previous to being updated in 2012, had been grandfathered in since 1954. This goes to show the complete lack of awareness for public health that has resided in New Jersey's History. The last point that truly shaped this article is how steps were being taken to prevent environmental justice issues. Commercial and Industrial developers have to go through the following process when proposing for a building: "

  1. Reference the city’s ERI and prepare a checklist of pollutants
  2. Submit checklist and development application to the city
  3. Checklist goes to the Environmental Commission
  4. Checklist goes to the Planning or Zoning Board (where appropriate)

The public has full access to this checklist to weigh in on it and make their voices heard." 

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rramos

A process is placed that allows for social justice to take place in the development phase. 

"Commercial and Industrial developers have to go through the following process when proposing for a building: 

  1. Reference the city’s ERI and prepare a checklist of pollutants
  2. Submit checklist and development application to the city
  3. Checklist goes to the Environmental Commission
  4. Checklist goes to the Planning or Zoning Board (where appropriate)

The public has full access to this checklist to weigh in on it and make their voices heard." 

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rramos

One process to consider is that alot of Newark Environmental and Public Health laws had not been changed since the 1950's, so that allowed for continuing of neglegence over the course of history in terms of environmental justice. Other social processes that might have played a part is race and class. Low-rise and dense housing for low-income and minority civilians have become major victims of careless industrialization.