Wheeler-Ahmed Aff

Cites

Round Reports

Open Source

bservation One:  Inherency

There are a number of places in the United States that could produce clean energy were it not for the toxic material polluting the land.  Many of these sites are positioned in poor and minority communities—the very communities yearning and most deserving of revitalization.

Despite rhetorical issues, the current law calls these areas “Brownfields” and defines them as “Brownfield Sites.” We prefer “toxic lands,” but recognize that we have to engage these policies.

EPA 12 (“Introduction to Brownfields”, US EPA Region 7 Brownfields Revitalization Program Assistance Overview, http://www.epa.gov/region7/cleanup/brownfields/index.htm, Aug 2 2012) MJJ

Public Law 107-118 (H.R. 2869) ……, and both improves and protects the environment.

Energy production as community revitalization ensures one compelling advantage:
Advantage: Evironmental Racism
Brownfield sites are part of a pattern of discrimination where the government has abandoned brownfields in minority neighborhoods while cleaning up sites in predominantly white and privileged communities

Bullard, Dean of the Barbara Jordan-Mickey Leland School of Public Affairs at Texas Southern University, et al 8 (Robert D. Bullard; Paul Mohai, Prof at School of Natural Resources and the Environment at Umich; Robin Saha, Assistant Prof of Environmental Studies at University of Montana; Beverly Wright, prof at school of Communication at Northwestern University, 38 Envtl. L. 377 (2008), Toxic Wastes and Race at Twenty: Why Race Still Matters after all of These Years, Hein Online, MV)

Despite progress in research, planning, and policy…… and unemployment rates in those districts were nearly 20% higher than the national average.35
These brownfields expose the segregation and disposability of the black body in American society – the white body politic is able to legitimate creating and overlooking the problems caused by brownfields because the black body is seen to be just as polluted as the toxic waste they dump

Mills 1 (Charles W. Mills, Professor of Philosophy at the University of Illinois, Chicago, 2001, “Faces of Environmental Racism: Confronting Issues of Global Justice (2nd ed.,), p. 84-89, MV)

Segregation by law is the clearest manifestation….. dumping on the white body’s dumpsite.
This segregation is a form deliberate colonialization that pervades international politics, making violence inevitable
Bullard 8 (Robert D. Bullard, Ph.D, Environmental Justice Resource Center,_Clark Atlanta University, 7/2/08, “POVERTY, POLLUTION AND ENVIRONMENTAL RACISM: STRATEGIES FOR BUILDING HEALTHY AND SUSTAINABLE COMMUNITIES” http://www.ejrc.cau.edu/PovpolEj.html [BGB]

The United States is the dominant economic and military force in the world……chronic unemployment, high poverty, and overloaded health care systems. 

This racism is the root cause of violence and what authorizes all other impacts

Foucault 76 (Michel, Society Must be Defended: Lectures at the College de France, 1975-1976, p. 254-257 Trans. David Macey, MV)

What in fact is racism? It is primarily a way of introducing……except by activating the theme of racism.

The impact of relegating communities to toxic land is that these groups are seen as expendable.  When policy perpetuates these exclusions, the logic of complete genocide set in, risking extinction and outweighing all other impacts.

Santos, Director of the Center for Social Studies at the University of Coimbra, ‘03
[Boaventura de Sousa, “Collective Suicide,” http://eserver.org/bs/63/santos.html]

[According to Franz Hinkelammert, …… health costs of the world's poorest countries for four years.]

Seeking justice for this environmental racism is critical to preventing global collapse

Byrant 95 (Bunyan, Professor in the school of Natural Resources and Environment, and an adjunt professor in the center for Afro-American and African studies at the University of Michigan, “Environmental Justice: Issues, Policies, and Solutions, p.209-212, MV) 

The cooperative relations forged after World War II are now obsolete…… eliminate all toxic materials from the production cycle, we should at least have that as a goal.
Plan

Thus the plan: The United States federal government should promote entities pursuing energy production of solar power on Environmental Protection Agency-designated sites under Public law 107-118 in the United States by substantially reducing restrictions under the Comprehensive Environmental Responses, Compensation and Liability Act.
Observation 2: Solvency
Restrictions such as outdated liability laws are the key disincentive to investing in brownfields

Kibel 98 (Paul Stanton, adjunct prof, Golden Gate U School of Law, Boston College Environmental Affairs Law Review. Newton: Spring 1998. Vol. 25, Iss. 3;  pg. 589, 30 pgs, Proquest)

Abandoned, deteriorating property has become ….. brownfields, became untouchables.

Incentives for the clean-up of toxic lands exist now and are even expanding, including tax incentives.  This is not enough—the main remaining obstacle is a set of outdated liability restrictions. 

Menas 3 (Nicholas T., Attorney at Stark and Stark Law Firm, “Tax Incentives for Brownfield Redevelopment: Are They Enough?,” online: http://library.findlaw.com/2003/May/16/132753.html, accessed July 9, 2008) 

Tax incentives are only one method to encourage investment in brownfields. …… obstacle to brownfield development – liability issues.
Federal action is key to redevelopment efforts and sustained growth

Kibel 98 (Paul Stanton Kibel, Adjunct Professor, Golden Gate University School of Law, Spring 1998, “THE URBAN NEXUS: OPEN SPACE, BROWNFIELDS, AND JUSTICE,” Boston College Environmental Affairs Law Review, lexis)

In the area of brownfields remediation policy….. participate in the economic benefits of brownfields reclamation.

Brownfield redevelopment has empirically proven to be successful in addressing environmental injustice—it has reduced crime, increased revenues, and created jobs in previously abandoned sites.

Felten 6 (Jennifer, Former President of the Ventura County Escrow Association, “BROWNFIELDREDEVELOPMENT 1995-2005: AN ENVIRONMENTAL JUSTICE SUCCESS STORY?”,Real Property, Probateand Trust Journal.Chicago:Winter 2006. Vol. 40, Iss. 4; pg. 679, 26 pgs, proquest)

Hence, the results of the last ten years of Brownfield…… future of their communities, causes this distrust to dissipate.
Government pooling of environment insurance solves
Meyer 98 (Peter B, Economics pH.D., Oct., p. 39, http://www.huduser.org/publications/econdev/envins.html)

This experience, however, does not translate…..insurable portfolios of small brownfield sites.