why care should be implemented into environmental justice policy: a policy recommendation report

Running head: WHY CARE SHOULD BE IMPLEMENTED IN ENVIRONMENTAL 1

Cheri Scott

Why Care Should Be Implemented into Environmental Justice

Policy: A Policy Recommendation Report

WHY CARE SHOULD BE IMPLEMENTED IN ENVIRONMENTAL

Why Care Should Be Implemented into Environmental Justice

Policy: A Policy Recommendation Report

INTRODUCTION

This paper highlights the methodology most policy

analysts use when examining real world problems, a

conventional positivist approach. Policy analysts using a

positivist approach “believe the world is a fixed entity

whose mysteries are not beyond human comprehension”

(O’Leary, 2007, loc. 1886). They believe that the social

object can be studied scientifically. However, post-

positivist social theorists criticize the positivist

approach and “see the world as highly variable and

ambiguous, and understand that knowing involves recognition

of things like intuition, subjectivity, power, and

worldview” (O’Leary, 2007, loc. 1890). Post-positivist

proponents also reject the central tenets of positivism and

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believe that empirical methods used in social science is

limited and inept of propagating “authentic accounts of a

world that we are constantly constructing through our

actions and interaction” (O’Leary, 2007, loc. 1944).

The central theme of this paper is to assess the

strengths and weaknesses found in both the positivist and

post-positivist approaches to environmental policy in order

to reveal the advantages and shortcomings found in both

perspectives. Additionally, an analysis of existing

literature on the positivist and post-positivist continuum

will help define the problems that are seen in the political

struggles of environmental policy. This allows environmental

racism to be examined within a framework for analyzing and

identifying the problem definition, which will be discussed

in the second section of this policy recommendation.

Additionally, the problem definition will outline how

the problem with environmental racism is defined, what is

missing in environmental policy, and finally a

recommendation for a course of actions that build on the

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scholarly work of Dr. Martin Luther King Jr. and other

social justice advocates.

DICHOTOMY OF POSTIVIST/POST-POSTIVIST METHODOLOGY

There is a fundamental difference between applying

positivist and post-positivist approaches to public policy.

Policy analysts who employ a positivist approach generally

use scientific findings pursed by scientific methods in

order to gain new knowledge and answer complex social

problems. As O’Leary (2007) points out, “knowledge is

gathered through rigorous, unbiased, scientific, and

generally empirical methods” (loc. 1890), a widely accepted

practice that dominates policy.

Positivism dates back to Auguste Comte (1798-1857) a

French philosopher that believed “the system of positivism

is grounded on the natural and historical law that by the

very nature of human mind, every branch of our knowledge is

necessarily obliged to pass successively in its course

through three different theoretical states: the theological

or fictitious state; the metaphysical or abstract state; and

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finally, the scientific or positive state: (Pfau, 2008, p.

1). In other words, the human mind goes through the three

different stages in pursuit of the truth. The first state is

theology, the second state is metaphysical, and the third

state is the positive stage. In the theological phase, God

is revealed to man in order of achieving social law. Man is

ordered through the doctrines of the church to not question

God or the world. Followed by the metaphysical phase, in

this stage, human beings investigate what they were told

about the Gods only to see them as abstract forces used to

codify social order. Man is enlightened during this phase,

understands his rights, and knows that those rights cannot

be violated. Finally, in the scientific phase, scientific

approaches are applied in order to answer the questions for

social progress; this is where man discovers his individual

self only to realize there is no higher power governing

society and man can be of authority and free will.

Ironically, Immanuel Kant (1784) originally proposed a

similar perspective regarding metaphysics but challenged the

empiricist and rationalist viewpoint. Kant’s earlier work

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before his pre-critical period was primarily scientific.

For example, Kant’s philosophy of science differs from the

contemporary philosophers such as Comte “ because of the way

in which Kant attempts to articulate a philosophical frame

work that places conditions on our scientific knowledge of

the world while still respecting the autonomy and diverse

claims of particular science” (Watkins, 2003, para.1). It

was during his critical years when he suggested man emerged

into thinking for himself in which Kant “develops a

philosophy of science that departs from broadly empiricist

views” (Watkins, 2003, para. 1). In his essay What Is

Enlightenment, Kant suggest:

I have emphasized the main point of enlightenment

man’s emergence from his self-imposed nonage

primarily in religious matters, because our rulers

have no interest in playing the guardian to their

subjects in the arts and sciences. Above all,

nonage in religion is not only the most harmful

but also the most dishonorable. But the

disposition of a sovereign ruler who favors

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freedom in the arts and sciences goes even

further: he know that there is no danger in

permitting his subjects to make public use of

their reason and to publish their ideas concerning

a better constitution, as well as candid criticism

of existing basic laws. We already have a

striking example of such freedom, and no monarch

can match the one whom we venerate (p.4)

Kant’s stance on the enlightenment of man seemed to

influence the work of John Stuart Mill’s. Mill

rejected the Kantian principles of philosophy “that all

that we can know is that the entities exist as cause of

phenomena” (Wilson, 2002, para. 41)

Remarkably, Mill expanded significantly on morality and

ethics in his work Utilitarianism. Mill a positivist, believed

that “anything that we know about human minds and wills

comes from treating them as part of the causal order

investigated by the sciences, rather than as special

entities that lie outside it” (Heydt, n.d., para. 22). He

believed that through the utilitarian perspective, society

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would live in harmony, adding the principles of utility or

“greatest happiness principle” a perspective that influenced

John Rawls work, A Theory of Justice in which he was opposed to

the principles of utilitarianism and argued that Justice as

Fairness was better suited in producing an equalitarian

society.

In A Theory of Justice, John Rawls acknowledge social

institutions must start with justice, as he insist “in a

just society the liberties of equal citizenship are taken as

settled: the rights secured by justice are not subject to

political bargaining or to the calculus of social interest”

(Rawls, 1999, p. 3-4) which indicated Rawls’s shift from a

positivist stance. Some scholars accused Rawls of taking a

positivist stance in his earlier thinking. One example would

be Andrius Galisanka (2012), who, during a lecture at the

University of California, Berkeley, argued that John Rawls

earlier works originated from logical positivism. According

to Galinsanka (2012), private notes taken by John Rawls were

released to the public and indicated a debatable narrative

that suggested “Rawls’s conception of ethics originated in

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logical positivism” (p.2). However, Galinsanka (2012)

implied “Against the then dominant logical positivism which

denied that ethical judgments can be objective and

intuitionism which derived ethical conclusion from

epistemologically certain premises, Rawls offered non-

foundation and yet viable conceptions of objectivity and

justification” (p. 3-4). Galinsanka’s (2012) study

established that Rawls “defended political views by

appealing to the pool of ethical judgments shared by all

reasonable persons” (p. 4). Rawls’s approach brings much

compassion.

Research conducted by Searle (2003), affirms that John

Rawls’s work “refuted the traditional dichotomy of

descriptive and evaluative utterance” as he described, Rawls

chose to ignore the traditional positivist approach during

the 1970’s only to revive the “social contract theory” by

developing a new paradigm for political philosophy.

According to Searle ( 2003):

The importance of Rawls for our present discussion

is not whether he succeeded in developing new

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foundations for political theory, but the fact

that his work gave rise to a renewed interest in

political philosophy, which was soon accompanied

by a renewed interest in the traditional questions

of moral philosophy. Moral and political

philosophy had been confined to a very small realm

by the positivist philosophers, and for that

reason seemed sterile and uninteresting. Very

little work was done in that area, but since the

1970s, it has grown enormously, and is now a

flourishing branch of analytic philosophy (p. 10).

Positivist results from Comte, Kant, Mills, and Rawls

earlier work are most influential regarding “scientific

stage” and “development of the mind” where society socially

evolves through empiricist thinking. It is through their

lens that a paradigm shift evolved to give way to post-

positivist perspectives. Although Comte, Kant, Mills, and

Rawls offer different epistemologies, there is an obvious

resemblance in their framework, which is relative to

observations reported by Duke University Professor Thomas

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Pfau. Pfau (2008) suggest that, “the absolutist and feudal

social orders are replaced gradually by increasing social

progress achieved through the application of scientific

knowledge” (p. 2) where government agencies, academic, and

practitioners “have institute curricula centered on policy

analysis, and a large amount of literature applying

analytical techniques to social problems” (Heineman, Bluhm,

Peterson, and Kearny, 2002, p. Introduction).

Although most policy analysts consider the positivist

approach the prevailing analytical tool, post-positivist

methodologies did something that the positivist approach

failed to do, bring alternative epistemologies through

process-oriented approaches in order for knowledge building.

Positivist approaches, as it stood did not adequately

account for post-positivist ways of thinking. For example,

subjectivity and social constructions into the framework

were not considered in earlier works that used empirical

methods as the basis for knowledge. During the 1960’s and

1970’s, alternative approaches to the scientific method

began to enter into the social science, bringing new

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paradigms that rejected patriarchal ways of knowing. Social

and philosophical theorist both male and female produced a

substantial body of research and literature on “post-

positive approaches of inquiry that attempt to work within

an ambiguous, variable, and constructed world and call the

premise of objectivity into question” (O’Leary, 2007, loc.

1951). Methods such as ethnography, phenomenology,

feminist, and symbolic interactionism etc. derived from

thinkers who considered “reality is subjective and socially

constructed and that the way to understand this reality is

to know what the actors in a particular social world know,

see what they see, understand whey they understand”

(Wildemuth, 1993, p. 450).

In, Policy Paradox: The Art of Political Decision Making, for

instance, Deborah Stone (2002) recounted a childhood

incident during her seventh grade year in middle school.

Stone remembered standing outside of her school after a fire

drill with her friend Adele, an African-American student who

was the only black student in the school. Stone recounted

how a White male student approached Adele, looked her in the

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face, and mockingly stated, “You should go home an take a

bath. You’re dirty.” Stone narrated how the statement

affected her, she felt defenseless because she could not

come to Adele’s defense. Stone understood she could not

confront the boy since he was stronger than her, she also

thought about reporting him to the teachers only to realize

that the boy would possibly get her in trouble and come

after her in retaliation, so she decided to do nothing.

Stone recalled this interaction as her first encounter with

policy paradox where her own moral judgment regarding the

incident was met with cowardice. Stone suggested that what

happened to Adele revealed a social problem (the fire drill)

that is designed to protect all citizens from harm, could

not protect certain citizens from harmful acts. It is not

revealed to the greater public that some citizens are being

hurt. In this case, the teachers who were responsible for

protecting Adele was not aware that she had been in fact

hurt by another child’s actions. The incident served as a

defining moment for Stone (2002) as she articulated by

stating:

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Here was a set of rules that seemed perfectly fair

on the surface. They were like traffic

regulations; just rules to make sure things ran

smoothly, not the kind of rules that clearly

confer advantages on one group or class of people.

Yet, if we followed only those rules, bullies

would prevail and their chosen victims would get

hurt. Ordinary rules, I realized, couldn’t stop

bullies or help victims (Preface).

The example is instructive as it shows how rational analysis

provide a theoretical framework of cognitive thinking which

some research suggest are dismissed by science (Stone, 2002,

& Heineman, et al., 2002). Stone (2002) suggest “ the aim

of much political science writing on policy is to

demonstrate how actual policymaking “deviates” from pure

rational analysis” and often excludes what post-positivist

thinkers believe to be issues that are caused by

“multivariate and multi-casual conditions, that reflect

deep-seated social interactions and interdependencies”

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(Mitits, 2010, para. 8) which can not be treated as a

“separate scientific endeavor.”

Unquestionably, thinkers such as Deborah Stone,

Patricia Collins, Carol Gilligan, and Anne Schneider & Helen

Ingram bring new theoretical perspectives and frameworks

produced within qualitative research. The significance of

Carol Gilligan’s perspective on moral reasoning provides a

framework that examines justice and caring perspective.

The Justice and Care perspectives suggest that the

individuals focus on their rights and utilize interpersonal

communication and relationships with others as a connecting

mechanism. As Gilligan (1995) states:

“Theoretically, the distinction between justice

and care cuts across the familiar divisions

between thinking and feeling, egoism and altruism,

theoretical and practical reasoning. It calls

attention to the fact that all human

relationships, public and private, can be

characterized both in terms of equality and in

terms of attachment, and that both inequality and

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detachment constitute grounds for moral concern”

(p.32).

Equally, Patricia Hill Collins’s research on the

foundation of Black feminist thought correlates with human

relationships that study the consciousness of oppressed

people, Black women in particular. Collins (1989) implied

that the social constructions of Black feminist though have

the potential of influencing “political and epistemological

issues” through two approaches. Collins (1998) advises the

first approach “claims that subordinate groups identify with

the powerful and have no valid independent interpretation of

their own oppression” (p.746). The second approach “assumes

that the oppressed are less human than their rulers and,

therefore, are less capable of articulating their own

standpoint” (p. 747). Ultimately, “both approaches see any

independent consciousness expressed by an oppressed group as

being not of the group’s own making and/or inferior to the

perspective of the dominant group” (Collins, 1998, p. 74).

Correspondingly, the views presented here produced flawed

assumptions regarding the oppressed groups marginalization

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that in turn, minimize their political activism while sub

consciously reaffirming their subordinated statuses.

In view of this, it is important not to overlook the

suggestions of Anne Schneider and Helen Ingram (1997) in

Policy Design For Democracy. Their work examines how social

constructions are used to shape and reform how citizens are

socially constructed within political and educational

institutions. Their political framework acknowledges that

citizens are disenfranchised by degenerative policies that

heighten the divide within a democracy. According to

Schneider & Ingram (1997), they became “frustrated about the

chasm that separated different forms of policy analysis from

one another and from policy science” (Preface). Schneider &

Ingram (1997) implied they became disillusioned with

standardized and synthesizing studies, which influenced

policy design. They suggested that these dimensions helped

to explain “embedded assumptions and social constructions of

reality” (Preface). Their research findings are consistent

with the argument poised by post-positivist researchers

stance on empirical methodologies since they suggest:

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As we learned about the characteristics of policy

designs in many different policy areas, we began

to recognize distinctive patterns in the form of

embedded assumptions and social constructions of

reality—some of which have been largely overlooked

in the political science literature. More

specifically, many policy designs contain the

clearly identified imprint of scientific and

professional constructions of knowledge, and

embody scientifically oriented theories,

rationales, tools, and other elements” (Preface).

Considering the differences in the positivist and post-

positivist approach referenced above, this policy

recommendation will assess and critically analyze the

positivist approach since it is the dominate method used by

policy analysts, policy, and educational institutions. The

positivist approach referenced in the recommendation will

show both strengths and weaknesses in order to advocate for

a policy recommendation and to request an appropriate course

of action on Environmental Justice Policy.

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CRITIQUE OF POSTIVIST METHODOLOGY

The positivist approach has a number of advantages:

applying positivist methods to environmental injustice helps

with measuring and identifying environmental justice

effects. Several empirical sources used to assess

environmental effects use multi-disciplinary approaches that

includes: data sets, methods, and models to assess social,

economic, and environmental impact in poor, minority

communities (Maantay, 2002; Briggs, 2008; & Mitis, 2010).

Specifically, the INTARESE Project (2005) an integrated

program developed in London under the European Union

Commission and Environmental and Health Department at

Imperial College London called the Integrated Environmental

Health Impact Assessment System (IEHIAS). Researchers

define the purpose and mission of the IEHIAS as:

An inclusive and, as far as feasible,

comprehensive assessment of the risks to, and

impacts on, human health as a result either of

exposures to a defined set of environmental

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hazards or of the effects of policies or other

interventions that operate via the ambient or

living environment. Integrated environmental

health impact assessment describes the approach

and methodology being developed in INTARESE (The

INTARESE Project, 2005).

Professor David Briggs, a research with Imperial College

London emphasizes that the assessment developed through

INTARESE is useful for policy-makers and scientist that are

responsible for assessing and conducting analysis in order

to develop an Environment and Health Action Plan.

Certainly, positivist thinkers would welcome this

system since it provides knowledge produced through

scientific methodologies. Comte’s positioning on the IEHIAS

assessment would likely be supportive, since empirical data

developed through the tool supports his stance on the

natural, physical, and material approaches used to support

climate change. The IEHIAS assessment supports the third

phase of his positive stage since it is directly correlated

with the effects of climate change, air pollution, and its

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affects to human health resulting in an observable change.

Comte’s third stage shows considerable strengths since these

determinates evolve from obstructions that are observable

and because scientist have the ability to study the effects

of climate change. Comte’s position on the theory that

science comes from predictions, and predications that come

from action is an important contribution to environmental

justice.

Conversely, there are weaknesses in the first two

stages of his methodology regarding theological and

metaphysical where he indicates there is a hierarchical

relationship among the three stages. He proposes that in

order to reach the final scientific stage, man must precede

through the first two stages in order to complete the final

stage. Individuals come into the universe with differing

understandings in the world and may experience inverted

stages that can reconfigure the stages. For instance, a

published research study done by Anthony Leiserowitz (2006)

explains, “public risk perceptions are critical components

of the socio-political context within policy makers operate”

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(p.45). His study suggested that during a poll taken in the

year 2000, a majority of Americans were knowledgeable about

global warming (92%) and felt that the United States was

already experiencing global warming (74%).

However, when researchers polled American’s regarding

their environmental and climate change priorities, results

indicated that environmental issues were a low priority

even-though empirically speaking, the American “public

perceptions were influenced” by scientific and empirical

methods. Although, positivist based approaches impacted

public risk perception, Leiserowitz’s (2002) investigation

revealed that public risk perceptions were also influenced

“by a variety of psychological and social factors, including

personal experiences, affects and emotions, imagery, trust,

values, and worldviews-dimensions of risk perception that

are rarely examined by opinion polls (Slovic, 2000 &

Leiserowitz, 2006) another data driven measurement.

Undoubtedly, Kant could challenge Comte’s positive

phase and suggest man does not in fact need the positivist

phase to understand ones own ability to operate under the

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“nonage of religion.” Furthermore, Kant was not totally

against the influence of science as he gave credence to both

the arts and science when he stated “our rulers have no

interest in playing the guardian to their subjects.” It

appears as if Kant is saying that the “arts and sciences”

will not act as guardian, while Comte believes that in order

for man to be free it is through science. In addition,

Kant’s perspective may very well support Leiserowitz

research because it applies factors such as personal

experiences and perceptions in evaluating public risk

perceptions to climate change.

In Critique of Practical Reason, Kant stated, “For experience

itself is a mode of cognition which requires understanding.

Before objects, are given to me, that is, a priori, I must

presuppose in myself laws of the understanding, which are

expressed in conceptions a priori. To these conceptions,

then, all the objects of experience must necessarily

conform” (Kant, 2010, p. 16). This shows that the

relationship between Kant’s and Lesierowitz approach is

closely associated because of the relative merits of what

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Lesierowitz describes as the “experiential vs. analytic

processing of risk.”

According to Lesierowitz (2002) American risk perceptions

regarding climate change is primarily cognitive, however

risk perception regarding climate change in various studies

suggest there was an affective reaction that was

automatically invoked leading to rational information

process about what citizens experienced vs. what science

says about climate change. The experiential vs. analytic

processing of risk suggest:

The rational processing system is analytic,

logical, and deliberative and encodes reality in

abstract symbols, words and numbers. In contrast,

the experiential system is holistic, affective,

and intuitive and encodes reality in concrete

images, metaphors, and narratives linked in

associative networks. Summarizing the convergent

findings of numerous research studies, that

suggest, “experientially derived knowledge is

often more compelling and more likely to influence

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behavior than is abstract knowledge” (Epstein,

1994 & Lesierowitz, 2010).

This is to say that scientific information filtered to the

public regarding climate change may have minimal impact

regarding public behavior, however an environmental

catastrophe such as Hurricane Katrina is more compelling and

likely to invoke a response and influence behaviors

regarding climate change and environmental justice.

Reviewing what was revealed earlier, Kant’s morality

theory is a bit weak in comparison to Mills. Kant’s

application of practical reasoning suggest that morals are

derived from obligation where while, Mills suggest that

humans should experience “the greatest happiness principle”

or utilitarian ethical theory in order to achieve morality.

With respect to the early philosophies of Comte and Kant, it

is suggested that Mills theoretical perspective of

utilitarian cultivates human desires for happiness rather

than acting in a manner that is considered “right or wrong”;

and is imperative to the Kantian way of thinking and

applying logic. Kant suggest (2010):

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Thus applied logic treats of attention, its

impediments and consequences, of the origin of

error, of the state of doubt, hesitation,

conviction, etc., and to it is related pure

general logic in the same way that pure morality,

which contains only the necessary moral laws of a

free will, is related to practical ethics, which

considers these laws under all the impediments of

feelings, inclinations, and passions to which men

are more or less subjected, and which never can

furnish us with a true and demonstrated science,

because it, as well as applied logic, requires

empirical and psychological principles (p. 77).

What this example clearly illustrates is Kant depends on

reasoning alone as a source for the development of moral

philosophy and is rejected by Mills who states, “he fails,

almost grotesquely, to show that there would be any

contradiction, any logical impossibility, in the adoption by

all rational beings of the most outrageously immoral rules

of conduct” (Mills, 1879, p.5).

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Ultimately, this criticism of Kant’s moral philosophy

required Mills to contribute to the understanding and

appreciation of what he termed “the Utilitarian or Happiness

theory.” Mill (1897) propose:

The creed, which accepts as the foundation of

morals, Utility, or the Greatest Happiness

Principle, holds that actions are right in

proportion, as they tend to promote happiness,

wrong, as they tend to produce the reverse of

happiness. By happiness is intended pleasure, and

the absence of pain; by unhappiness, pain, and the

privation of pleasure (p. 10).

As Mill illustrates, good produces happiness and wrong

produces the opposite affect, providing an understanding

that is not just wrong or right but shows good action will

lead to a higher level of happiness and vice versa,

eventually leading to fundamental moral rule.

The moral principle or utilitarian approach in

environmental policy is a useful approach, however it is

weak because it does not expand on the role of justice. How

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can citizens who face environmental injustice achieve any

capability of happiness if there is no justice in achieving

equality from social institutions? John Rawls approach

provides more advantage in recognizing social justice. John

Rawls’s “social contract theory” approaches a new meaning of

justice as it relates to the maximization of “the good” for

the least well off. When examining environmental policy, it

is effective to observe Rawls frameworks of equal

distribution of social primary goods and the promotion of

distributive justice within policy institutions which is a

strength for examining policy however, there are some

weaknesses within Rawls’s framework since it seems to focus

more on society and the institution rather than individual

capabilities. As the report noted earlier, Rawls’s theory

regarding the institution and society as a whole seems to

focus more on using a positivist framework for morality and

justice but does not attempt to look at the diversity of the

individual need. In view of Rawls Theory of Justice,

Amartya Sen provides an egalitarian perspective that sought

to distinguish Rawls egalitarian view of income and wealth

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distribution as a social just practice by institution. Sen

proposed “capability to function” approach. Sen’s

capability to function approach suggest:

A functioning is what a person can ‘do or be’:

achieve nourishment, health, a decent life span,

self –respect and so on. A capability is the

freedom to achieve a functioning, and a person’s

capability set’ is the alternative sets of

functionings they are able to achieve with their

resources and opportunities” (Wolff, 2008, p. 23).

Sen’s approach is an important contribution to Rawls

theory and to environmental justice because it

recognizes and validates Deborah Stones theory of

policy paradox where there will be a group or class of

people who will be hurt, which is why it is important

to see environmental racism as needing other post-

positivist perspectives. Deborah Stone raised the

policy paradox issue in her book, Policy Paradox that will

be discussed in the next section, which states the

policy problem.

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POLICY PROBLEM DEFINTION

A comprehensive examination of positivist thinkers used

in this report is important in examining the problem

definition of environmental policy. Since all approaches

seem to use institutionalized approaches to examine society

as a whole, the positivist approach continues to have a

stronghold within the social sciences because many

scientists still view the social world as an object that can

be studied scientifically. While the work of Comte, Kant,

Mill, and Rawls continue to influence scientific

methodologies in social world, their methodologies can

attest to the progression of humanism rather than looking at

the world as a social apparatus of objects. It is apparent

that “care is nevertheless needed in interpreting the

relationships” in environmental policy because of the inter-

individual variations that are experienced in vulnerable

locations.

The subject of inquiry in this policy recommendation

examines public policy enacted by government officials to

consistently locate toxic and hazardous facilities in low-

30


income and minority communities and where government

response to natural disaster reactions is slow and not

adequately addressed. Poor and low-income people of color

“suffer disproportionately from the regressive impacts of

environmental policy”(Camacho, 1998, loc. 198) and can be

classified, according to Dr. Benjamin Chavis as

‘environmental racism.’ This recommendation seeks to strike

a balance between positivist and post-positivists approaches

to investigate what role, if any; racism plays in the

policymaking process.

Stone’s (2002) book Policy Paradox is intended to help

policy analyst “cherish the richness and diversity of the

human mind that values politics and community, and that

renders more visible the politics claims underlying what is

usually passed off as scientific truths (xii.) As her story

about Adele in the beginning of the report illustrated,

there is unintended consequence in policy that is helpful

for some and harmful for others. Stone’s statement is

correct, in a report by Rachel Massey (2004), “some disease

and disabilities that have an environmental component are

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unequally distributed across race, and income levels. For

example, asthma prevalence in the U.S. is significantly

higher in minority and low-income populations than in the

general population” (p.4).

There is a growing body of research that suggest,

environmental injustices are directly correlated to income

levels and race, lower-income minorities are likely to live

in a community surrounded by hazardous-waste landfills and

toxic chemical facilities causing environmental pollution

that contributes to a range of disabilities and illnesses.

“Many studies have documented increased cancer rates

associated with exposure to industrial chemicals in the

environment” (Massey, 2004, p. 4). In a 1987 report from the

United Church of Christ Commission for Racial Justice, it

was reported that poor minority communities “ are

disparately impacted by the nation’s environmental,

industrial, and land use policies.” Secondly, Bullard (1994)

contends:

Environmental racism is racial discrimination in

environmental policy-making and enforcement of

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regulations and laws, the deliberate targeting of

communities of color for toxic waste facilities,

the official sanctions of the presence of life-

threatening poisons and pollutants in communities

of color, and the history of excluding people of

color from leadership of the environmental

movement” (Introduction).

As with previous research studies done by Bullard on

environmental racism and public policy during the

1990’s and early 2000’s, he extensively focused on the

government and policy analysts’ response to correcting

environmental injustices.

Since the year 2012, Bullard and Wright (2012)

conducted a follow-up analysis on government and policy

response to environmental racism, and as recent as the

disaster from Hurricane Katrina, African-Americans

predominately from poor communities, still face the same

injustices as they did many years ago. Bullard & Wright,

(2012) book titled: The Wrong Complexion for Protection: How the

Government Response to Disaster Endangers African American Communities

33


chronicled “government failures, and inadequate and

inequitable government responses to natural and human-

induced emergencies” (Preface), particularly Hurricane

Katrina where African Americans questioned their citizenship

status as American citizens due to slow government response

and “unchallenged rescue”(Harris-Perry, 2011).

Unquestionably, the aftermath of Hurricane Katrina left

many African Americans in disbelief because government

officials did not enact a swift response but they ignored

“other emergencies, including environmental and public

health emergencies, toxic contamination, industrial

accidents, and natural and human-induced disasters”(Bullard

& Wright, 2012) following the aftermath of Hurricane

Katrina.

It is useful to apply post-positivist thinking or

qualitative research such as ethnography, grounded theory,

participant observation, and other qualitative methods

because environmental policies that are intended to protect

all citizens, as previously mentioned by Stone, certainly

excludes citizens who are not protected from harmful acts.

34


Empirical based approaches in the policy-making process lack

voices from the margins. Research that is not dominated by

scientific thinking is exclusive to the policy-making

process and should include “inquiries into social and

political phenomena” also, “from the influence of a

historical subjective context and from societal

presumptions” (Camacho, 1998, Introduction). While these

qualitative methods are criticized, and “sometimes referred

to in an overly simplistic way,” it is conducive that

qualitative methods be used in the policy making process.

Take Patricia Hill Collins (1998) stance on the social

construction of black feminist. In her book, she suggest

“Black women’s political and economic status provides them

with a distinctive set of experiences that offers a

different view of the material reality than that available

to other groups” (p. 4747). Collins theory is obviously of

relevance to the African-American experience and

environmental racism. Black perspectives are needed in the

development of environmental policy, because policy analysts

who use a positivist approach work from an institutionalized

35


perspective that analyzes quantifiable observations where

the researcher is independent from the study. If looking at

the foundational approaches of the positivist philosophers

mentioned earlier in the report, each researcher seemed to

rely on facts without involving human research subjects

purely based on facts that were independent from the

research subject.

After Hurricane Katrina, Harris-Perry (2011) reported

that the African-American communities were perplexed by the

national media reference to them as refugees and felt that

“the refugee label had the effect of rhetorically removing

black victims from national responsibility, as though the

consequences of the levee failure were to be endured by

foreigners rather than by Americans” (loc. 265). If policy

analysts located the research subjects within the policy-

making process, it could contribute to a deeper

understanding of inequities found in policy and reflect what

African Americans experienced during the hurricane.

Against this backdrop, policy analysts may possibly

concede focusing on one group and argue that it is their job

36


to focus on all Americans. If this is the case, a

counterargument to this possible objection in framing the

issue that policy is more likely focused on the dominate

group rather than the subordinate group, specifically White

men. Take, for example, the case of Ruth Shays, a woman

Collins mention in her research, who is a resident that

lives in the inner city. Collins (1989) suggests,

“variations in men’s and women’s experiences lead to

differences in perspectives.” Ruth is quoted as saying, “The

mind of the man and the mind of the woman is the same. But

this business of living makes women use their minds in ways

that men don’t even have to think about” (Collins, 1989,

p.748). Shay’s disclosure reveals a level of care and

justice that is likely absent from the policy-making

process. Carol Gilligan considers care and justice

perspective in her work and it is important to turn to her

perspective to show just how important it is to

environmental policy.

In Moral Orientation and Development, Gilligan’s work

on the justice and care perspective is central to the

37


development of policy-making. Although Gilligan’s study

seem bias in regards of diversity, which excludes minority

men and women, low income men and women, and members of the

LGBT community, her approach is necessary for framing care

into public policy similar to John Rawls’s call for Justice.

According to an outline of Gillian justice and care

perspectives, Drexel University provides this framework:

Justice Perspective – In this perspective, one analyzes

moral problems from the prospective of rules and

principles, general guidelines that are rationally

derived based on assumptions about all humans and

ethical concept (i.e. fairness, good, evil, etc.). The

decision-maker is portrayed as an individual, who makes

his/her decision free from interference of others,

based on values that he/she has freely chosen.

Care Perspective – In this perspective, one analyze

moral problems from the perspective of relationships

and the impact of various alternatives on specific

people. This goal is to build healthy, supportive

networks of relationships. Ethical concepts are

38


important only important to the extent that they are

useful in this particular case. The decision-maker is

portrayed as someone who is enmeshed in a web of

relationships and responsibilities, which must be

considered with each decision. While possessing

individual values, decision-makers must often

compromise their personal values for the greater

benefit of the whole, sustaining and nurturing one’s

relationships with others. Attentiveness to the

particulars of the present situation and the needs and

abilities of the real people involved is more

appropriate than appealing to a general rule or

standard.

Obviously, Gilligan’s justice and care perspective is making

assumptions that each perspective is geared towards a

gendered difference, which is very well debatable. Men

could be more incline to the care perspective and women

could cater more to the justice perspective. Therefore, it

is important to conduct diverse studies on various groups

(low-income women and men, minority women and men, and the

39


LGBT community) that may come from different background.

However, Gillian’s perspective is important to public and

environmental policy because it produces a paradigm of

female oriented thinking. As we can see with earlier

thinkers such as Comte, Kant, Mills, and Rawls, their

perspective is based on an all male perspective that does

not include the experiences of women. Although Mills did

advocate on behalf of the enfranchisement of women, the

question of care is visibly lacking. Gilligan makes this

distinction when she stated:

The equation of human with male was assumed in the

Platonic and in the Enlightenment tradition as

well as by psychologists who saw all-male samples

as “representative” of human experience. The

equation of care with self-sacrifice is in some

way more complex. The premise of self-interest

assumes a conflict of interest between self and

other manifest in the opposition of egoism and

altruism. Together, the equations of male with

human and of care with self-sacrifice form a

40


circle that has had a powerful hold on moral

philosophy and psychology. The conjunction of

women and moral theory thus challenges the

traditional definition of human and calls for a

reconsideration of what is meant by both justice

and care.

Alternatively, Gilligan’s theory of care from an

African-American woman’s perspective requires an in-depth

discussion because Black people and women as it pertains to

care are debatable. According to Collins (1989) who

indicate:

One approach to learning more about a Black

women’s standpoint is to consult standard

scholarly sources for the ideals of specialists on

Black women’s experiences. But investigating a

Black women’s standpoint and Black feminist

thought requires more ingenuity than required in

examining the standpoints and thoughts of white

males. Rearticulating the standpoint of African-

American women through Black feminist thought is

41


much more difficult since one cannot use the same

techniques to study the knowledge of the dominated

as one uses to study the knowledge of the

powerful. This is precisely because subordinated

groups have long had to use alternative ways to

create an independent consciousness and to

rearticulate it through specialist validated by

the oppressed themselves (751).

Furthermore, Camacho (1998) offers a similar perspective

concerning environmental policy where he suggests that the

mainstream movement of environmental sustainability excludes

people of color. However, personal experiences that arise

out of studies that examine the political behavior of women

and the working-class in poor communities can provide an

alternative view of shaping environmental justice in public

policy.

Similar to the way, Stone, Collins, and Gilligan

theoretical perspective bring post-positivist approaches

into the view, Yet, Schneider & Ingram (1997) offer a

42


framework that helps identify policy paradox found in the

policy making process. They suggest that generative policies

are a result of social constructions “that separate the

“deserving” from the “undeserving,” and an institutional

culture that legitimatizes strategic, manipulative, and

deceptive patterns of communication and uses of political

power” (p. 102) is the method used to influences policy.

Collin’s makes this point when she talks about Black people

and women who are stigmatized as less than human where she

asserts both Black and White women are constantly

objectified and dehumanized for the political reason of

maintaining a system of domination. Although Collins’ claim

can be validated, her argument must include the

distinctiveness of policy paradox that construct black women

as jezebels, matriarchs, and welfare queens. These

approaches are traditionally used to design policies that

divide target groups into social categories that distort and

undermine group characteristics.

Schneider & Ingram used the term dependent and/or

deviants when referring to marginalized groups that have no

43


political power concerning public policy agendas created by

scientists and public policy professionals. Scientist and

public policy actors frame targeted populations as

“negatively constructed” and this construction allows us to

view black women as “uncontrollable breeders who cause

dysfunction within their families and submerged others, like

the long-standing stereotype of the “innocent” and ignoble

deserted woman who receives needed public assistance to keep

her family (mainly children) intact” (Bensonsmith, 2005, p.

244).

In view of Schneider & Ingram’s political theory

regarding public policy, it is important to understand why

some members of society receive benefits while others

receive burdens. Targeted groups are disenfranchised in the

sphere of public policy-making systems and do not have a

voice to advocate for more modernized services in their

communities. This point is particularly relevant in

environmental policy,

which suggest negatively constructed groups are recipients

of degenerative policy-making systems that receive unequal

44


distribution of political power. According to Bullard &

Wright, (2012) there is a historical account of unequal

protections when it comes to the U.S. government’s response

to cleaning up chemical spills in low-income communities.

They suggest:

In 1992, the National Law Journal uncovered

glaring inequities in the way the U.S.

Environmental Protection Agency enforces its

Superfund laws. The authors wrote: “There is a

racial divided in the way the U.S. government

cleans up toxic-waste sites and punishes

polluters. White communities see faster action,

better results, and stiffer penalties than

communities where blacks, Hispanics, and other

minorities live. This unequal protection often

occurs whether the community is wealthy or poor

(p.100).

Certainly, the historical account of policy development has

a troublesome history of unjust practices that is

contradictive to its intended purpose. Examining

45


environmental racism in poor communities presents the

question that Dr. Martin Luther King Jr. posed many years

ago “Where do we go from here?” In his book, Where do we go

from Here: Chaos or Community? Dr. King realized that America

must face its realities that the economic system and

capitalist perspective exploited black and brown

communities, a practice that continues today. A detailed

examination of David H. Koch and Charles Koch, billionaires,

and business owners of Koch Industries, the second largest

conglomerate in the United States revealed a disturbing

record on environmental policy and political influence.

Brave New Films completed a documentary regarding the

Koch Brothers’ influence on environmental policy including

the policy making process. The film titled: Koch Brothers

Exposed revealed:

The city of Crossett, a largely poor minority

neighborhood, has one of the highest rates of

exposure to cancer-causing toxins in the nation.

USA Today reported that the Alpha Alternative

School District in Crossett ranks in the top

46


percentile nationally for exposure to probable

human carcinogens, with the Georgia-Pacific plant

listed as the polluter most responsible for the

toxins (Graves, 2011, para. 7).

To the dismay of residents, Graves (2011) reported that

complaints from residents filed with Arkansas Department of

Environmental Quality dismissed citizens’ concern and

reported that there was no evidence of pollution, though

cancer rates in the community suggest otherwise. According

to a case study done by Greenpeace (2010), The Koch

brothers, and their Koch Pac, particularly PACs of

ExxonMobil, Chevron, ConocoPhillips, and BP have contributed

to the campaigns of federal congressional members in both

the Republican and Democratic U.S. House of Representatives

and Senate (p. 32) in nearly every election cycle since

2004.

There is no doubt that Dr. King would see the injustice

in the policy paradox and call upon the beloved community

and social activist through a prophetic interpretation and

demand a course of action that is creative and symbolic. It

47


is through Kings vision that a proposed policy include

perspectives from: “spirit-based, pro-democracy activist;

thoughtful social analyst; loving, encouraging pastor who

calls us to our best possibilities; and as justice obsessed,

biblically shaped, prophetic spokesperson for the poor”

(King, 1967, loc. 126) to bring socially just policies for

environmental justice. It is through the scholarly work of

Dr. King and all of the scholarly representatives that a

policy recommendation on why care and not just justice

should be implemented into environmental policy creating a

new title: Environmental Justice and Care Policy.

RECOMMENDATION FOR A COURSE OF ACTION

Not incorporating post positivist approach is the problem of

current environmental policy. Compelling evidence of

48


environmental racism is identified through barriers that

present racial inequities in environmental justice, not just

for African Americans, but American Indians, Asian

Americans, and Latinos who are significantly impacted by

commercial hazardous and toxic waste facilities and in

response to natural disasters that devastate their

communities (Camaracho, 1998 & Bullard & Wright, 2012).

It is important to offer an alternative to present

environmental policy because there is conclusive evidence

that suggest that there is “unequal protection and unequal

treatment within policy that has been present for decades.

Low-income communities are still “vulnerable, including

their physical location, socioeconomic status, race, and the

lingering institutional constraints created and perpetuated

by radicalized places” (Bullard & Wright, 2012, p. 1)

placing them at the end of the spectrum of degenerative

policy. Integrating care perspective into the policymaking

process can render “more coherent” and “experiences and

perceptions” that may “foster the ability of others to

listen and understand” (Gilligan, 1995, p. 45). As

49


Schneider & Ingram (1997) proposed that these determinates

have the ability to give “equal weight to social

constructions of target groups and identifies social

constructions of knowledge as significant factors in

influencing policy (p. 198). In providing a proposal of

conjoining care into environmental justice policy, the

recommendation calls for policy analysts, social scientist,

politicians, and students of policy to address the problems

with hierarchical power by examining the ethics, values, and

interest of the dominate regimes. Adding care into

environmental justice can possibly address the ethical

concerns by placing individuals within the context of

examination. In placing the examined into the frame of

reference,

The individual picks not only an agenda for

research, but also an agenda for public policy.

The individual is choosing among social values,

and because values underlie decision, the

individual should recognize that the choice of a

frame of reference is an ethical matter and not

50


just a technical scientific concern (Camacho,

1998, loc. 228).

In this way, the theoretical approaches suggested by

Stone, Collins, Gilligan, Schneider, and Ingram can

come into full view of not being dominated by political

parties, self-interested or powerful constituency

groups that ignore elements of care, compassion and the

beloved community.

Another important element to seeking fair and equal

environmental policy is employing Dr. King’s legacy

when in 1968, he was call to march in Memphis in

support of economic and environmental justice for the

sanitation workers who were on strike. Bullard & Wright

(2012) points out “although Memphis was Dr. King’s last

campaign, his legacy lives on even to this day. King’s

legacy remains an integral part of environmental,

health, transportation, land use, smart growth, and

climate justice research and policy work (p. 11). The

“Satyagraha Method” which was founded by Mahatma Gandhi

and strictly deals with oppression influenced his

51


legacy. The Satyagraha Method involves principles of

persuasion through discussion and reason, education of

all members of the community, decisive action, and

sincere compromise. Dr. King’s theoretical strategy of

agape love as well as non-violence though strikes,

marches, and protest are elements that should be

embedded in policy design that could affect a truly

democratic life.

.

52


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why care should be implemented into environmental justice policy: a policy recommendation report

Documents