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Louisiana, US_EiJ Paraconference

Misria
In response to

In Louisiana, governing elites have long found it more profitable to deny the connections between health outcomes and the structural inequities of an anti-Black petrostate. Their denial is made possible by the existence of data divergence–that is, inconsistencies between data sets or between a data set and the realities it purports to represent (Encyclopedia of Social Measurement 2005). These inconsistencies range from missing or “undone” (i.e. incomplete or ignored) data (Frickel et al. 2007) to the production of different measures (and the selection of different priorities) by institutional silos. Recognition of the need for public health capacities that address the systems and structures impacting health–especially children’s health–has motivated health equity advocates in Louisiana to fill the data gaps through collaborative datawork, that is, the work of making data meaningful across social and scientific communities. In 2022, a coalition of community organizations, academic researchers, and public health workers led by the Louisiana Center for Health Equity (LCHE), a community-based organization created by a registered nurse, worked together to examine the links between adolescent mental health and disciplinary practices in schools. Ensuring their agendas were informed by community priorities led them to incorporate the contributions of adolescents advocating for better access to physical and mental healthcare resources and the abolishment of discriminatory and punitive disciplinary actions in schools. Their collaborative datawork revealed how data gaps around adolescent mental health are a structuring component of schools’ discriminatory and punitive climates–much as gaps in environmental health data benefit polluting industries. They found that existing figures around adolescent mental health are inaccurate, as many youth are unable to receive an official diagnosis owing to lack of healthcare access. LCHE advocates at a house committee meeting in January 2023 reported that students who exhibit behavioral issues rooted in trauma or mental health more often receive punitive disciplinary actions rather than rehabilitative and restorative services. This work generated the support needed to pass legislation to expand public health infrastructure and access to mental health resources. In June 2023, House Bill 353 authorized the allotment of "mental health days" as an excused absence for students; introduced procedures for schools to connect students to medical treatment and services; and required the Louisiana Department of Education to develop and administer a pilot program for implementing mental health screening, among other changes. By mobilizing advocates and scholars from across the social and institutional silos, LCHE’s collaborative datawork tentatively expanded children’s public health infrastructures. 

Fisher, Margaux. 2023. "Collaborative Datawork and Reframing Adolescent Mental Health in the Deep South." 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, Hawai'i, Nov 8-11.

Point Comfort Publications

tschuetz
Annotation of
In response to
  • 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).