Analyze

"An EJ approach could provide new and different tactics to prisoner advocates and their allies.  If we understand death row inmates to be a particularly vulnerable population, could the EPA itself become more involved in monitoring conditions, and if so, what are the benefits or risks of such an approach? " (219)

"Instead of environmentally invisible spaces, death row should be viewed as involuntary state homes and therefore particularly deserving of attention and regulation. " (220)

"the EPA’s unique powers can be characterized as (1) information gathering, and (2) enforcement actions.93  The EPA’s tools apply to carceral facilities as they would any other business or agency.  By statute, the EPA has the authority to enter and inspect facilities, to request information, and assist facilities in developing or remedying violations." (220) ...  "Individual EPA offices have at times attempted to examine the conditions of incarceration at several federal facilities, primarily through information gathering.  For example, under an agreement between the EPA and the federal Bureau of Prisons (BOP) in 2007, over a dozen facilities were audited for environmental hazards.100  These consent arrangements can promote environmental improvement by limiting the potential sanctions for discovered violations." (221)

"Through an environmental justice lens, we may see patterns that were previously hidden.  Unlike traditional prisoner advocacy tools, environmental assessments include cumulative impacts over time and in context, rather than single isolated acts." (224) ... "A pattern-based approach may help to discern the underlying factors that result in diagnoses like Glenn’s. " (225)

"An EJ approach fundamentally centers the voices of the impacted and allows for contextual reasoning.  Although carceral facilities, and death row in particular, are externally perceived as sites of punishment, incarcerated people may have a different view.  Glenn Ford’s cell, where he was confined days at a time, was his involuntary home.  Viewing jails and prisons as homes illuminates the humanity of the people who live there.  Understanding these spaces as homes underlines the need for carceral facilities to be safe and for individuals to be protected from all types of harm, environmental and otherwise.124 " (225)

"Based on Glenn Ford’s experience, the conditions on death row in Louisiana can be grouped into the following environmental hazards:  indoor air pollution, water pollution, hazardous waste, and exposure to lead." (217)

"Glenn’s story of the conditions on death row is a story about environmental justice.  His accounting forces us to see prisons as involuntary homes, where residents are held captive to environmental harms.  Yet, the experience of Glenn and others sentenced to live on death row are largely excluded from environmental justice conversations.10" (207)

"The U.S. Environmental Protection Agency (EPA) itself has acknowledged that carceral facilities present environmental challenges.11  In 2007, the EPA noted that “[p]otential environmental hazards at federal prisons are associated with various operations such as heating and cooling, wastewater treatment, hazardous waste and trash disposal, asbestos management, drinking water supply, pesticide use, and vehicle maintenance.”12  Yet, the EPA, which is the lead federal agency for environmental justice, completely excluded jails and prisons from its 2011 planning document for addressing environmental justice through 2014.13  Similarly, the EPA’s 2020 Action Agenda for environmental justice does not even mention carceral facilities, much less recognize prisons and jails as environmentally “overburdened communities.”14 " (207)

"Data on conditions within carceral facilities is generally not available,53 and even when it is available, the data is rarely complete." (214)

Given the vastness of Formosa Plastics' influence, there are many ways to tell its story to the world. As environmental justice activists and researchers, how do we describe a company and its negative impact when there is so much to say? Limited by time, word count, and the audience's attention span, we must decide what goes unsaid. As a result, we could write countless answers to the same question, "What is Formosa Plastics?"

In this published academic case study, I introduce Formosa Plastics through a local lens--specifically, through the eyes of a grandmother-turned-activist in the small town of Welcome, Louisiana. Her family's history with social justice activism, as well as the area's connection to centuries of slavery, make the environmental racism of Formosa Plastics' Sunshine Project especially salient. Although Formosa Plastics is a global force, telling its story on the microscale is an equally important perspective. After all, in Sharon Lavigne's eyes, her small town is her world. How many of these little worlds have Formosa Plastics destroyed as they wreak havoc across international borders?

1. data injustice: the Cerda family did not have access to the data linking chlorpyrifos as a neurotoxin. 

2. economic injustice: the Cerda family are agricultural workers and are exposed to pesticides like chlorpyrifos on a regular basis. Rafael Cerda's developmental disabilities will present barriers in economic and overall well-being. 

3. epistemic injustice: Cerda family's complaints and allegations are not being considered by the pesticide manufacturers and sprayers 

4. health injustice: Rafael Cerda's disabilities are a direct result of his in-utero and natal chlorpyrifos exposure 

5. intergenerational injustice: Rafael Cerda's disabilities were caused in-utero as his mother was exposed to large amounts while she was pregnant with him. 

6. media injustice: inadequate attention to the extent of harm this pesticide can cause

7. procedural injustice: ongoing lawsuit, result not yet known

8. racial injustice: the affected are Latino/a agricultural workers 

9. reproductive injustice: exposure to Chlropyrifos in-utero

1. Scientists at Columbia university estbalished a link between exposure to chlorpyrifos and alterations in brain structure

2. California Gov. Gavin Newsom banned chlorpyrifos in the state in may 2019

3. EPA banned the chemical in 2015. Trump admin reversed the ban. 

4. Cerda family: chronic exposure to chlorpyrifos, suing for general damages, compensatory damages due to Cerda’s loss in earning capacity, medical costs, and “punitive damages for the willful, reckless, and recklessly indifferent conduct of the Defendants,” 

1. Seventeen-year-old Avenal resident Rafael Cerda Calderon: platiniff, impacted heavily by the pesticide Chlorpyrifos 

2. Corteva, Inc.: multi-billion dollar agribusiness company; 

3. pesticide applicators Woolf Farming Co. and Cottonwest, LLC

4. municipalities of Huron and Avenal

5. pesticide applicators Woolf Farming Co. and Cottonwest, LLC

6. attorney groups: Calwell Luce diTrapano PLLC of Charleston, West Virginia, and Bonnett, Fairbourn, Friedman & Balint P.C. of San Diego, and Phoenix.

1. The agricultural region's dependence on the pesticide Chlorpyrifos to "control insects that can attack almond orchards, cotton fields, and apricot trees, among other popular crops". 

2. Deadly and insidous nature of the chemical: its effects are similar to sarin gas and "it gets everywhere... for a child living there, with every breath he takes, he’s getting a little dose. It’s very insidious"

3. Lack of protection for farmworkers: "His mother, Alba Luz Calderon de Cerda, handled citrus fruits and lettuce sprayed with chlorpyrifos as a packing house worker during her pregnancy. His father, Rafael Cerda Martinez, was a pesticide sprayer in agricultural fields, who often brought the chemical home, the lawsuit alleges.. The child and his parents were also exposed to the chemicals through the air in their home, the fields and packing houses where they worked, as well as in the water they drank, which was “loaded with chlorpyrifos and chlorpyrifos oxon,” according to the lawsuit."

17-year old Avenal resident Rafael Cerda Calderon suffers from severe seizures, autism, and a developmental disability. He was exposed in-utero and during infancy to the pesticide Chlorpyrifos, a neurotoxin that has been compared to Sarin for the health hazard that it imposes. The pesticide was developed by Dow Chemicals, now Delware-based Corteva Inc., in the 1960s as a substitute for DDT, and has been banned for nationwide use since 2001. 

"the pesticide becomes a deadly neurotoxin when it comes into contact with water or sunshine or treated with chlorine, which is typically added to tap water. Chlorpyrifos oxon is 1,000 times more toxic than the original pesticide and was never registered with the EPA because it is so deadly."

“We found the stuff in cars; it gets in the dashboard, it goes anywhere the wind goes,” Calwell said. “We even sampled a teddy bear and even found it there. So for a child living there, with every breath he takes, he’s getting a little dose. It’s very insidious.”

The setting is the city of Avenal in the San Joaquin Valley in the Central Valley in California.