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PS: SJV pesticides: intersecting injustices

prerna_srigyan

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

PS: SJV pesticides: stakeholder actions

prerna_srigyan

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,” 

PS: SJV pesticide disability: stakeholders

prerna_srigyan

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.

PS: SJV pesticide disability: compounding vulnerabilities

prerna_srigyan

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."

PS: SJV pesticide disability: hazards

prerna_srigyan

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.”

FERC Data and Reports that Support approach to Environmental, health and disaster governance

Lauren
Annotation of

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. 

FERC Funding

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Annotation of

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.

FERC Structure

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Annotation of

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.