Search

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.

Operations of transnational companies are affecting marginalized communities across the globe. As Kaswan had highlighted through examples of Union Carbide’s pesticide plant in India, as well as pollution associated with oil companies in Latin America, the implications of distributive environmental justice in such contexts are apparent yet difficult to address. Across international boundaries law enforcement becomes increasingly difficult, which is at the heart of the problem of my research topic. 

“The “right” scale will depend upon the nature of the harm being analyzed and purpose for which information is being gathered.” (Kaswan, p 29)

“Numerous studies, at a multiplicity of scales, analyze the distribution of a wide variety of land uses, as well as risk: what exposures, with what consequences, do people experience?” (Kaswan, p 33). 

This text builds on concepts of equality, bases for deviating from the core idea of equality, and the multiple contexts that define and shape distributive justice. Kaswan additionally advances the distributive environmental justice by outlining the different contexts, including historical land use patterns, government regulations, infrastructure, and enforcement and the implications that each of these dimensions have on contributing to distributive injustice. 

The main narrative of this text builds on foundational ideas on equality and extrapolates it further to establish how distributive environmental justice, its ideas and articulations, as well as its operationalization, has taken shape throughout the years. To outline these points, Kaswan outlines different cases of environmental disaster, and subsequent government responses, to showcase how government institutions have both upheld and endeavored to address distributive environmental inequality in the past decades.