Analyze

Hoover’s book is an analysis of the material and psychosocial effects of industrial pollution along the St. Lawrence River, which runs through the Mohawk community of Akwesasne. Hoover focuses on resistance to private and state efforts at land enclosures and economic rearrangements.  Hoover shows how legacy of industrialization and pollution (GM and Alocoa, primarily) ruptured Mohawk relationships with the river, and incurred on tribal sovereignty by disturbing the ability to safely farm, garden, raise livestock, gather, and recreate in ways fostered important connections between and amongst people and the land (“ecocultural relationships”). Hoover describes how confusion about risk and exposure is culturally produced and develops the "Three Bodies" analytic framework to show how individual, social and political bodies are entangled in the process of social and biophysical suffering. 

Hoover also highlights how in response to pollution, Mohawk projects of resistance emerged - a newspaper, documentary films, and  community-based health impacts research. Hoover conducts a comparative history of two research projects tracking the effects on industrial-chemical contamination on Akwesasne people and wildlife: the Mount Sinai School of Medicine’s epidemiological study in the 1980s, which failed to engage Akwesasne people in the production of knowledge or share results meaningfully, and the SUNY-Albany School of Public Health Superfund Basic Research Program study (in the 1990s and 200s), which ultimately began incorporating key theoretical and methodological principles of CBPR.

“Akwesasne residents’ main criticism of the Mount Sinai study was that at its conclusion, the researchers packed up and left, and community members felt they had not received any useful information.” (76) 

“As scholars of tribal health risk evaluation Stuart Harris and Barbara Harper explain, among most tribal people, individual and collective well-being comes from being part of a healthy community with access to heritage resources and ancestral lands, which allow community members to satisfy the personal responsibilities of participating in traditional activities and providing for their families.” (96)

“By placing “race/ethnicity” on a list of diabetes causes without qualifying why it is there, the CDC neglects the underlying root cause—that race/ethnicity is often associated also with class, education, levels of stress, and access to health care and fresh foods.” (231)

“Chaufan argues that to counter the focus on the medicalized aspects of diabetes, which has led to the individualization and depoliticization of the issue, a political ecology framework needs to be applied to the disease, one that is concerned with the social, economic, and political institutions of the human environments where diabetes is emerging.39 Such a framework would highlight how diabetes rates among Mohawk people are influenced more by changes in the natural environment and home environments than by genetic makeup.” (231 - 232)

“Understanding community conceptions of this intertwined “social and biological history” is important because, as Juliet McMullin notes, examining the intersections of health, identity, family, and the environment helps to “denaturalize biomedical definitions of health and moves us toward including knowledge that is based on a shared history of sovereignty, capitalist encounters, resistance, and integrated innovation.”61 The inclusion of this knowledge can lead to the crafting of interventions that community members see as addressing the root causes of their health conditions and promoting better health.” (249)

Katsi Cook, Mother’s Milk Project, collecting samples of breast milk: “Katsi has described this work as “barefoot epidemiology,” with Indigenous women developing their own research projects based on community concerns and then collecting their own data.” (90) - 61? – used a private lab to analyze samples because women did not trust the New York State Health Department

“Barefoot epidemiology” is a concept borrowed from China’s “barefoot doctors”—community-level health workers who brought basic care to China’s countryside in the mid-twentieth century. Hipgrave, “Communicable Disease Control.” According to a “workers’ manual” published by the International Labour Organization, barefoot research is often qualitative, and qualitative research is not the standard approach for conducting health studies, which tend to be based on laboratory experiments and clinical findings. See Keith et al., Barefoot Research” (294)

Civic Dislocation: “In many instances Mohawks experienced what Sheila Jasanoff calls “civic dislocation,” which she defines as a mismatch between what governmental institutions were supposed to do for the public, and what they did in reality. In the dislocated state, trust in government vanished and people looked to other institutions . . . for information and advice to restore their security. It was as if the gears of democracy had spun loose, causing citizens, at least temporarily, to disengage from the state” (118) 

“Dennis Wiedman describes these negative sociocultural changes and structures of disempowerment as “chronicities of modernity,” which produce everyday behaviors that limit physical activities while promoting high caloric intake and psychosocial stress” (235)

Third space of sovereignty: “This tension that arises when community members challenge political bodies while simultaneously demanding that they address the issues of the community has been theorized by political scientist Kevin Bruyneel, who describes how for centuries Indigenous political actors have demanded rights and resources from the American settler state while also challenging the imposition of colonial rule on their lives. He calls this resistance a “third space of sovereignty” that resides neither inside nor outside the American political system, but exists on the very boundaries of that system.” (259)

Elizabeth Hoover is an anthropologist and associate professor of environmental science, policy and management at Berkley, who long claimed to be native (receiving grants and research access under this assumption) but has recently admitted otherwise. She has a PhD in anthropology from Brown University  with a focus on Environmental and critical Medical Anthropology. 

The article is supported by additional articles that examine the constitutionality of Critical Infrastructure Bill in Louisiana. The article is supported in its claim that the statute can be argued as legislativley motivated as the critical infrastructure bills arose after the Dakota Acess Pipeline protest and the Lousiana revised Bill came after the Bayou Bridge Pipeline protest. The article is additionally supported in analysis of additional critical infrastructure bills from other states, such as Texas, Dakota, etc. 

The methods/Theories used to produce claims of violations of First amendment and Due Process from the Revised statute are taken from Modern First Amendment Doctrines and approaches. The article as well utilizes previous court cases and their decisions to guide the analysis.

In terms of the Due Process Clause violation, the article states that any statue is in violation of the Due Process Clause if the statute is so standardless that is encourages or authorizes discriminatory enforcement. 

In terms of the First Amendment, the article estabilishes first how the United States Supreme Court analyzes cases that contest the First Amendment. Their are three theories introduced that support the first amendment, if a law is found to be prohibiting these theories, a case can be made that it violates the First Amendment. These theories include: "self-realization", "marketplace of ideas", and "democratic value". To determine wether the regulation effects a speaker or the marketplace two models are used: "speaker based" and "audience based". These are used to determine wether the statute will effect the public discourse or the individual. In the end, the article argues how each of these three theories are violated and therefore the statute is in violation of the First Amendment. 

The article as well looks at how the Supreme Court uses a "tiered-scrutiny" approach when analyzing the constitutionality of statutes. This allows the court to apply a different standard based on if the statute is content neutral or content based. Any content based statue is unconstitutional as it prohbits a certain type of speech. When a statute is content neutral, the court must provided evidence that the statute was content motivated. 

"The modifications to Louisiana Revised Statutes section 14:61 seem to be a direct response to the Bayou Pipeline protests for four reasons. First, this is evidenced by the addition of pipelines to the definition of "critical infrastructure" protected by the statute, as well as the creation of heightened penalties aimed at deterring those speaking out against the further construction of pipelines within the state. Second, the arrest of protestors were made within weeks of the modification of the statute, supporting the contention that the legislature made these changes to silence protestors. Third, a sponsor could [...] potentially have a personal motive [...] as energy and natural resource companies are his or her leading campaign donor [...]. Finally, the national trend of statutes protecting critical infrastructure which arose after the Dakota Access pipeline protests seems to suggest that the fear of opposition toward pipeline construction is what led the Louisiana Legislature to amend section 14:61" (Pg. 18). 

This quote describes the arguments that can be made in regards to proving motivation behind the legislative revisions. Despite the statute is content neutral, the motivations behind the statute prove that the statute be upgraded to strict scrutiny. 

"By suppressing the speech of those opposing pipeline construction within the state, the government restricts the ability of citizens to articulate their desires, inherently excluding them from the political process of making changes within their community and perpetuating their plight." 

"Though some regulations of conduct are permissible, it is impermissible for the legislature to suppress the expressive conduct of those opposing the Bayou Bridge pipeline construction, as this suppression results in a governmental distortion of public debate and offends the democratic system."

These quotes demonstrate how the statute can be held in violation of the first amendment. 

The main argument presented in the article states that the Louisiana Revised Statute section 14:61 of the Louisiana Critical Infrastructure Bill should be revoked as it is impermissibly in violation with the First Amendment and the Due Process Clause of the Constitution. The article notes the timing and vagueness of the additions to the infrastrutcure bill to be discriminatorily motivated towards silencing a certain type of speech. The Revised Infrastructure Bill included the addition of "pipelines", both in construction and operating as apart of the definition of "critical infrastructure". The revised bill estabilished a strict penalty of jail for no more than 20 years or fine of no more than $25,000. The revision followed the Bayou Bridge Pipeline construction protests. The article argues for the regulation to be held under strict scrutiny under the law as, though it is content-neutral, the legislative motive appears to be content-based. An analysis is appropriate to conduct despite being content neutral. As well, the article argues that the new regulation silences speech, in violation with the first amendment. Noted in the article, First amendment arguments fall into three theories or categorizes: "self-realization" theory, "marketplace of ideas" theory, and "democracy" theory. The article argues that all three theories that enable the preservation of the first amendment are violated through the revised bill sections. The statute distorts the marketplace of ideas as it enforces such a harsh punishment, is standardless, and vague that it has the effect of creating self-censorship. Without access to dissenting ideas in opposition to the pipelines, this deprives the public from the marketplace of ideas but also denies them from self realization in creating their own opinions from the opposining ideas around them. Finally, the statue is argued to deny democracy in that it restricts the publics ability to share their desires for their communties, excluding them from the political process, denying them a democratic process to voice an opinion. The article goes on to propose ways in which the courts can fix their practices in reviewals of Due Process and First Amendment legal cases. 

The goal of the Disaster Resilience Leadership Academy is to:

“…achieve increased resilience in communities and individuals impacted by natural and manmade disasters. Such leadership is guided by the ethics of the Triple Bottom Line: Equity, Environment, and Economy.”

The Disaster Resilience Leadership Academy emerged from the breakdown in leadership during the 2004 Katrina super storm disaster.