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California, USA

Misria

In this poster, we share preliminary reflections on the ways in which hermeneutic injustice emerges and operates within educational settings and interactions. Hermeneutic injustice is a type of epistemic injustice that occurs when someone’s experiences are not well understood by themselves or by others, either due to unavailability of known concepts or due to systemic barriers that produce non-knowing (Fricker 2007). In 2021, we entered into a collaborative project to design a high school curriculum on environmental injustice and climate change for California’s K-12 students. Although the project convenors aspired to support the diversity of California’s K-12 student population through representational inclusivity across the program participant, they reproduced essentialized notions of what it means to be an “included subject”. In our first inperson meetings, activities intended to invite difference in the curriculum writing and design community were encountered by participants as an opportunity to point to the margins of that community. Who was in the room and who was not? Initial counts excluded some writers whose identity was not readily apparent by race, ethnicity, or age. Some individuals who, to their consternation, were assumed to be white, revealed themselves as people of color. The project chose the “storyline model” of curriculum design to bring coherence across the teams. The model was developed by science educators to promote student agency and active learning. Lessons start with an anchoring phenomenon, which should hook students and produce enough questions to sustain inquiry cycles that culminate in consensus making. As a result, each grade-level unit of our curriculum was intended to focus on a single environmental phenomenon, like wildfire. However, informed by Gregory Bateson’s theory of learning, we sought to foreground complexity by recursively analyzing environmental injustice through case study analysis of many hazards, injustices, and places. It took multiple meetings over several months to arrive at an articulation of environmental injustice as our central phenomenon that recognizes the compounding impacts of both climate change and toxic pollution. It also required restructuring the working relationships between the project's administrative arm, the curriculum consultants, and the writing team. The image we include is a photograph of an exercise done together with another HS team as we were tasked to clarify the aims and goals of our imagined lessons. As is evidenced in the photograph, each writing team found it difficult to articulate learning outcomes as a series of checklists, or goals, separate from skill-development that represented the dynamic need for curriculum capable of examining climate change and the environmental justice needs for California’s students.

Tebbe, Margaret, Tanio, Nadine, and Srigyan, Prerna. 2023.  "Reflections on Hermeneutical Injustice in K-12 Curriculum Development." 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, Hawaii, Nov 8-11.

Point Comfort Publications

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  • Blackburn, Jim, and Mae Wu. “Case Study: Voluntary Agreements in Environmental Management at Formosa Plastics.” Environmental Quality Management 8, no. 1 (1998): 19–28. https://doi.org/10/cczx2r. 
  • Mickenberg, Julia L., and Philip Nel. “Radical Children’s Literature Now!” Children’s Literature Association Quarterly 36, no. 4 (2011): 445–73. https://doi.org/10.1353/chq.2011.0040.
  • Peñalver, Elena Alcalde, and Alexandra Santamaría Urbieta. “Whose Fault Is It? Students’ Perceptions towards the American Financial System through an English for Specific Purposes Class.” Porta Linguarum: Revista Internacional de Didáctica de Las Lenguas Extranjeras, no. 37 (2022): 27–45.
  • Schütz, Tim. "Visualizing Taiwan's Formosa Plastics." Interactions 28, no. 4 (2021): 50-55.
  • Tran, Dalena. “A Comparative Study of Women Environmental Defenders’ Antiviolent Success Strategies.” Geoforum 126 (November 1, 2021): 126–38. https://doi.org/10.1016/j.geoforum.2021.07.024.
  • Tubilewicz, Czeslaw. “Foreign Capital and US States’ Contested Strategies of Internationalisation: A Constructivist Analysis.” Contemporary Politics 0, no. 0 (November 10, 2021): 1–22. https://doi.org/10.1080/13569775.2021.2001156.

Clean Water Citizen Lawsuit

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In 2017, Diane Wilson, Dale Jurasek, and Ronnie Hamrick (another former wastewater manager) – organized as the Calhoun County Waterkeepers – filed a landmark citizens lawsuit against Formosa, bringing literally buckets of evidence forward, supporting allegations of rampant and illegal discharge of plastic pellets and other pollutants into Lavaca Bay from Formosa’s Calhoun County plant. The case was led by Texas RioGrande Legal Aid, which describes the outcome as the largest settlement of a Clean Water Act suit filed by private individuals (Berti Suman & Schade 2021). 

Legal scholars Suman and Schade (2021) argue that the case is unique due to the voluntary collection and presentation of a large quantity of evidence collected over an extended period of time that was accepted by both the judge and defendants without objections since neither the defendant nor “competent authorities” could provide competing evidence. The Waterkeepers collection and presentation of pollution data thus filled an “enforcement gap.” While noting the peculiarities of the US legal system that enables citizen lawsuits, Suman and Schade also argue that the Waterkeeper’s case could inspire monitoring activities in environmental justice communities around the world, helping to shift how citizen science can be used as evidence. 

The Waterkeepers legal win demonstrates the potential of law, and particularly citizens suits, in environmental governance, countering long-running cynicism about the role of the law and state writ large in redressing problems largely of their own making. It also, however, suggests that citizens suits have special power today, precisely because they are both in and slightly beyond the bounds of law, of and beyond the state. Through citizens suits, non-state actors can use state mechanisms to hold the state to account for failing to do its job. This depends, however, on sustained data collection, curation and presentation, and the infrastructure needed to support this. There are thus long backstories that need to be built – bodies of evidence, analysis and interpretation that can be brought to bear in work to turn “the state” around.

Worker Perspective, Point Comfort

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In the 1990s, a shift supervisor and wastewater manager at Formosa Plastics, Dale Jurasek, found himself suffering from sores that no doctor in Calhoun County could explain. Only months later, after several visits to a regional medical center associated with the US Occupational Safety and Health Administration, did he learn that the reasons were chemicals he was exposed to at the Formosa plant where he worked, causing irreparable damage to his nervous system. Jurasek’s experience exhibits what can be called divisible health care, which runs in a tangled parallel with divisible governance. It is an experience painfully familiar to many people with toxic exposures: seeking health care itself becomes toxic because established health systems can’t register the strange, sometimes highly individualized, effects of toxic harms (Morgan and Fortun; Fortun 2011).

Angry that Formosa harmed his health and likely that of many other workers, Jurasek then contacted the US EPA and FBI as a whistleblower, providing undercover information about worker safety and failed environmental protections at the Calhoun County Formosa plant (Gibbons 2019). After several years of work on the case, however, the FBI dropped it. Jurasek speculates that this was because the FBI’s attention was diverted by a big case against Koch Industries. Again, capacity to govern environmental health was inadequate. 

Jursaek stayed angry. He also learned about Diane Wilson, and in 2008 reached out for a meeting – at a meeting place out of town so they wouldn’t be recognized by neighbors. The result was a coalition between Formosa plant workers and a local shrimp fisher that has had staying power, bringing different perspectives on Formosas together. 

In 2017, Diane Wilson, Dale Jurasek, and Ronnie Hamrick (another former wastewater manager) – organized as the Calhoun County Waterkeepers – filed a landmark citizens lawsuit against Formosa, bringing literally buckets of evidence forward, supporting allegations of rampant and illegal discharge of plastic pellets and other pollutants into Lavaca Bay from Formosa’s Calhoun County plant. The case was led by Texas RioGrande Legal Aid, which describes the outcome as the largest settlement of a Clean Water Act suit filed by private individuals (Berti Suman & Schade 2021).