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Today in Brilliant Jurisprudence

[ 28 ] June 19, 2015 |

warrick-dunn

Clarence Thomas hit a new high in Supreme Court decision writing:

Thomas’ case in point: Warrick Dunn, the author of the 2008 memoir Running for My Life: My Journey in the Game of Football and Beyond. Dunn, formerly a star NFL running back, is a minority owner of the Atlanta Falcons. Brumfield murdered Dunn’s mother when Dunn was 18. Here’s how Thomas sets up the case:

This case is a study in contrasts. On the one hand, we have Kevan Brumfield, a man who murdered Louisiana police officer Betty Smothers and who has spent the last 20 years claiming that his actions were the product of circumstances beyond his control. On the other hand, we have Warrick Dunn, the eldest son of Corporal Smothers, who responded to circumstances beyond his control by caring for his family, building a professional football career, and turning his success on the field into charitable work off the field.

Thomas spends several pages in his 27-page dissent contrasting Brumfield with Dunn. In case his meaning isn’t clear enough, Thomas adds a footnote, saying, “Like Brumfield, Warrick’s father was not a part of his life. But, unlike Brumfield, Warrick did not use the absence of a father figure as a justification for murder.” Thomas goes on to spend another few paragraphs detailing all of Dunn’s charitable contributions and activism, before taking a dig at Brumfield for filing too many appeals. Thomas accuses the majority justices of being insensitive to the horrific nature of the crime and for ignoring the victims in this case. To drive the point home, he attached a photo of Dunn’s mother (copied from Dunn’s memoir) to his dissent.

Several pages! Photos!

Can this please start a trend of citing NFL players’ lives in Supreme Court cases? A few possible examples:

1) How about Alito citing Kurt Warner’s autobiography about how turning to Jesus and hard work to support your dream is constitutionally superior to relying on government programs if you are poor? Seems like a great cite for eliminating the Fair Labor Standards Act!

2) Or perhaps Anthony Kennedy citing Brett Favre’s brilliant autobiography on why drug sentences should be reduced. For certain people anyway.

3) And maybe, just maybe, Scalia will cite the life of OJ Simpson to show how poor African-Americans rise to have successful careers and therefore the Civil Rights Act of 1964 is unconstitutional.

Really the possibilities are endless.

Rhodesia 1976

[ 63 ] June 19, 2015 |

A friend of mine pointed me toward this 1976 Australian TV documentary about the nation of Rhodesia in its last years of trying to maintain its white nationalist government. Very sadly, this has taken on a new relevance in the last 48 hours. The “best” part comes at the 18-20 minute mark, when Ian Smith insists he is not a racist. Because as we know today, the only real racists are people of color oppressing white rights to dominate said people of color. Amazing stuff.

Jack Rollins, RIP

[ 38 ] June 18, 2015 |

The legendary producer of Woody Allen’s 70s films and incredibly influential figure in the comedy of that era has died at the ripe old age of 100. Among his many achievements was working with Woody Allen to make him into the brilliant comedian and director he became.

The Most Glorious Sight I’ve Ever Seen

[ 113 ] June 18, 2015 |

Burn baby burn.

Charleston: The Latest Example of White Terrorism against African-Americans

[ 54 ] June 18, 2015 |

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Ku Klux Klan rally, South Carolina, 1951

Heather Cox Richardson places the Charleston shooting in its proper historical context:

Congress stood against Klan terrorism with an 1871 law making their political intimidation a federal offense, a distinction that enabled President Grant to stop the depredations of the Ku Klux Klan by imposing martial law in parts of the South and by having federal courts, rather than local courts, try offenders. For the next twenty years, white southerners controlled black political voices by finding ways either to work with black voters or to silence them. This was imperative, they insisted, for black voters were only interested in social welfare legislation that would cost tax dollars and thus “corrupt” the American government.

In 1889, the threat of a new Republican administration to mount a federal defense of black voting brought a new construction to the idea of the corruption of government. A new generation of white Democrats worried far less about political than about social issues. They insisted that black men must not vote because if they voted, they would take local political offices. This would give them patronage power, for in the nineteenth century, local positions depended on the goodwill of local politicians. Black men would, for example, become school principals. There, they would use their power to hire teachers to force young innocent white girls to have sex with them in exchange for jobs. This political exchange very quickly turned to the idea that black political power meant widespread rape. By the early twentieth century, lynching black men was almost a civic duty for white citizens: only by purging the government of black voices could the nation be made safe.

When Roof said: “I have to do it. You rape our women and you’re taking over our country. And you have to go,” he was echoing the fear of black political power laid down in the aftermath of the Civil War, when white American men had to face the reality that this nation is, in fact, made up of far more women and people of color than it is of white men. That fact inspired terror – and terrorism – among white men in the late nineteenth century. It did so again after 1954, when Brown v. Board warned white Americans that they would again have to share their country with African Americans. Then, as in the late nineteenth century, white Americans turned to terrorism against black political voices as, for example, when four Ku Klux Klan members bombed the 16th Street Baptist Church in Birmingham, Alabama, and murdered four little girls.

South Carolina could at the very least take steps to undermine this white supremacist terrorism. First, it could take down the Confederate flag from the statehouse. Second, it could pass hate crimes legislation. It is highly unlikely to do either because white supremacy is still deeply embedded in the moral compass of much of the state’s population.

The Pope, Climate Change, and American Conservatives

[ 92 ] June 18, 2015 |

Different-tack-needed-for-climate-change-skeptics-researchers-say

It’s very interesting to watch American conservatives, including conservative Catholics, freak out over the Pope talking about issues that are not their own. With the pope deemphasizing the fight against abortion and gay marriage and talking about poverty and, now, climate change, one can almost feel conservative Catholics wanting to call Pope Francis illegitimate. We should hardly be surprised that American conservatives are only interested in institutions that reinforce their current policy positions, i.e. Rick Santorum saying “The church has gotten it wrong a few times on science, and I think we probably are better off leaving science to the scientists and focusing on what we’re good at, which is theology and morality.” Theology and morality. Right. Because poverty and climate change is not moral issues to Santorum, but are to the leader of his church, they are not moral issues.

Given how often these very people threw terms like “cafeteria Catholic” at pro-choice Catholics who were unhappy with the direction of the church, one wonders if we might see a move the other way, with conservatives temporarily distancing themselves from the Catholic Church because the Pope doesn’t want the world’s environment transformed in catastrophic ways.

How the Obama-McConnell-Boehner Coalition Moves Forward

[ 48 ] June 18, 2015 |

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This how Obama and his Republican trade friends are going to try and pass fast track.

The process is likely to begin in the House Thursday, when the chamber plans to vote to give Obama fast-track trade authority to negotiate the Trans-Pacific Partnership, the largest trade agreement in history. If it passes, McConnell would then take up the measure next week, hoping to win the support of at least a dozen Senate Democrats to send it to the president’s desk. The Senate would then amend a separate trade bill with Trade Adjustment Assistance, a program to aid workers who lose their jobs due to trade deals.

The convoluted process is needed to surmount opposition from House Democrats, who last week blocked a program they support — TAA — in order to stop the larger trade package from getting to Obama’s desk. The Senate had passed a bill last month that included both the worker aid and negotiating authority, but further changes in the House have forced senators to take up the proposal again, prompting a whole new round of negotiating and posturing ahead of decisive votes in the coming days.

The entire process hinges on support from Senate and House Democrats who support free trade but insist that the government also provide aid and job training to help workers hurt by foreign trade. House Democrats, led by veteran Wisconsin Rep. Ron Kind, were eager to get the trade deal done, and were looking for assurances from their Senate counterparts. Senate Democrats, meanwhile, wanted a pledge from McConnell that he would clear TAA before they commit to voting for the fast-track bill.

In a joint statement Wednesday afternoon, McConnell and Boehner began to provide some of those assurances.

“We are committed to ensuring both TPA and TAA get votes in the House and Senate and are sent to the President for signature,” the leaders said in a joint statement. “And it is our intent to have a conference on the customs bill and complete that in a timely manner so that the President can sign it into law.”

At the White House Wednesday, pro-trade Democrats and Obama discussed the possibility of sticking together as a bloc so they can get TPA, TAA, a customs enforcement and perhaps an extension of the Export-Import Bank charter, which lapses at the end of the month.

“I and all the other members there are looking for a guarantee … for a deal to be good it’s got to have enforcement, TAA, I think it’s got to have Ex-Im reauthorization,” said Sen. Tim Kaine (D-Va.). “A lot of [the meeting] was to talk about that very question of: What is a sufficient assurance?”

Yes, there’s a lot of votes that need to be delivered and yes a lot of Democrats don’t trust Republicans. But this feels like a familiar script, where Republicans are able to bring just enough votes with Democrats who really do want to support the president’s position and are more comfortable with supporting their corporate funders than American workers. I do have trouble seeing this many votes flipping today though.

The best move the anti-TPP coalition has is rewarding its friends and punishing its enemies. It’s considered the latter, by seeking to primary Democratic congressman Jim Costa, who comes from a district that should support workers but instead he is a pro-corporate and pro-TPP. If labor and greens want to express political power, punishing enemies who can be defeated is an important way to do it. Let’s see how it goes.

This Day in Labor History: June 18, 1954

[ 26 ] June 18, 2015 |

On June 18, 1954, the CIA-trained coup against democratically elected Guatemalan president Jacobo Árbenz began, an event that crushed Guatemalan labor, happened with the complicity of the American labor movement, and significantly destabilized Guatemala, helping to create the violence that afflicts that nation and the large-scale undocumented migration to the United States today.

Born in 1913, Jacobo Árbenz became a top military officer under the leadership of the United Fruit (and thus U.S.) supported dictator Jorge Ubico. Árbenz was forced to escort chain-gangs of prisoners, which disgusted and radicalized him. In 1944, he assisted in a coup against Ubico and was offered the position of Minister of Defense from the democratically elected new president of the nation, Juan José Arévalo. After Arévalo died in 1950, Árbenz won the election to replace him.

United Fruit had a significant presence in Guatemala from the first decade of the twentieth century, using its power over that poor nation to suppress any labor activity on its banana plantations. For example, in 1923, UFCO had the strong support of the current military dictatorship to violently repress a strike; said dictatorship had come to power with the company’s support after a government opposed its interests. In 1928, Guatemala nearly went to war with Honduras on UFCO’s orders over a disputed region on the Honduran border, with the latter nation doing the bidding of UFCO rival Cuyamel Fruit. By the mid-1940s, Guatemala had around one-fourth of the company’s Latin American operations. United Fruit had been major supporters of Ubico, who effectively followed its orders. Ubico and other presidents gave significant concessions to United Fruit, robbing the nation of both its land and tax revenues that could have built infrastructure and social programs for the nation’s poor. In fact, Ubico actually asked UFCO to lower its wages to 50 cents a day as to not cause other employers to have to pay workers more. You can guess UFCO’s response to that request.

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United Fruit plantation in Central America

Árbenz’s primary goal was modernizing Guatemala. To do so, he needed to wrest control of his nation’s future from the single corporation that controlled it: United Fruit. So Árbenz made his number one priority land reform, which through much of Latin American history has been the major goal of left-leaning movements against the church, conservatives, and outside corporations. He issued Decree 900, giving the government the right to expropriate unused land from agricultural corporations, compensating the owners. That included United Fruit, which had a lot of land now out of production thanks to banana monocultures leading to diseases that kill trees. During the 18 months of the program’s existence, 1.5 million acres were distributed to 100,000 families.

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Jacobo Árbenz

Árbenz had significant support from labor unions in Guatemala for his reforms. He had started forging links to the Guatemalan labor movement early in his rise. The Guatemalan labor movement had significant ties to the Communist Party and the CP supported Árbenz, thus helping to deliver that rank and file labor support. With United Fruit and conservative elements of the Guatemalan industry shouting that Árbenz was a communist, even though he was just a nationalist, he embraced the idea of it since the policies the U.S. supported in his nation were so awful that being a communist could not be all bad.

United Fruit had urged the U.S. to overthrow what it claimed were communist-led governments in Guatemala going back to 1945. Those calls were heard when the Eisenhower administration took power in 1953. United Fruit had very close connections to Eisenhower’s foreign policy team, especially Secretary of State John Foster Dulles and CIA head Allen Dulles. The Dulles brothers had both done legal work for United Fruit before joining the administration. They and Eisenhower were aggressive about using the CIA to undermine left-wing movements in the developing world and quickly moved to eliminate Arbenz. The CIA went so far as to personally select his replacement, Carlos Castillo Armas. The initial CIA-funded invasion was pathetic and made little impact, but Árbenz was afraid that an overwhelming victory over these forces would provoke direct American action. That happened anyway through airpower and the use of napalm against ships exporting goods out of the nation. By June 27, the CIA won through creating a crisis of confidence against Árbenz in the military, who forced him to resign.

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Castllo Armas entering Guatemala City. CIA agent at wheel.

Always vociferously anti-communist at home, the American Federation Labor happily worked with the CIA during the Cold War to undermine left-leaning labor unions in the developing world and foster politically conservative unionism that would promote the goals of American foreign policy. Shortly before the coup, the AFL’s Latin American Inter-American Regional Organization of Workers (ORIT) established an organization in Mexico called Guatemalan Workers in Exile. Effectively, it was an operation to create a right-wing labor movement for the post-coup government. Ten days after the coup, Serafino Romualdi, the AFL’s ambassador to Latin America, was in Guatemala City with the figurehead of ORIT and the leader of the right-wing labor movement in Batista’s Cuba to take over the former Guatemalan trade union building and reestablish the labor movement on lines friendly to the U.S. government and United Fruit. This attempt to create a moderate anti-communist trade union that would be a respected member of a U.S.-friendly government failed completely as the new military regime didn’t care less about the roots of unions and sought to crush all organized labor.

Guatemala suffered under decades of military dictatorships supported by the United States and its corporations, culminating in the rule of Efraín Ríos Montt, the Reagan supported military leader in the early 1980s who engaged in a genocidal campaign against the nation’s indigenous population, defining them as communists for being indigenous.

For years, Árbenz floated around Europe, trying to find a place to live. The CIA muscled western European nations to deny him. The Czechs didn’t want him because they were nervous he would seek financial remuneration for the shoddy guns they sold him before the coup. The Soviets took him for awhile but he wanted to return to Latin America. He eventually ended up in Cuba after the Revolution. Later he moved to Mexico. Over all this time, he sunk into desperation and alcoholism before drowning in a bathtub in 1971.

Today, Guatemala is one of the world’s most violent and dangerous nations thanks in no small part to the destabilization caused in 1954. The U.S. continues to engage in a post-colonial relationship with Guatemala and its workers, including the exploitation of the poor by apparel industry sweatshops who will just jump 20 miles to Honduras or El Salvador if the nation enforces labor regulations or allows its workers to form strong unions. Repression of labor has been the hallmark of Guatemala governments in the 21st century.

I borrowed from Deborah Levenson-Estrada, Trade Unionists Against Terror: Guatemala City, 1954-85 and Stephen Schlesinger, Stephen Kinzer, and John Coatsworth, Bitter Fruit: The Story of the American Coup in Guatemala in writing this post.

This is the 147th post in this series. Previous posts are archived here.

Billy Possum

[ 51 ] June 17, 2015 |

billy_possum

You all are familiar with the Teddy Bear, designing after Theodore Roosevelt’s love of shooting animals. It was a big hit during his administration. You can imagine how toy owners would want to capitalize on this. You can imagine the troubles TR’s utterly uncharismatic successor William Howard Taft would provide in said capitalization.

But that doesn’t mean they didn’t try. And that leads us to Billy Possum:

That story starts, unsurprisingly, with Taft at the dinner table.

In January 1909, the president-elect was honored at a banquet in Atlanta. At Taft’s request, the main course was “possum and taters”—a toasty pile of sweet potatoes topped with an 18-pound whole cooked opossum. (Taft gobbled up the roasted marsupial so quickly that a nearby doctor advised him to slow down.) When Taft’s belly was stuffed, local boosters presented the president-to-be with a small plush opossum. The toy, they told Taft, was destined to be the next big thing—it was going to replace the teddy bear.

They dubbed it “Billy Possum.”

The gift pleased Taft—as did the dinner. The next day, he told reporters, “Well, I certainly like possum … I ate very heartily of it last night, and it did not disturb in the slightest my digestion or my sleep.” But what Taft saw as food, his supporters saw as money. The teddy bear boom had been profitable, and Taft’s supporters were confident the new toy could become the next fuzzy fad. They imagined America’s children tossing away their teddies, flocking to the closest storefront to get their hands on a plush opossum.

It failed miserably. But lord knows the toy companies tried:

The market flooded with Billy Possum postcards, pins, and posters. Marketers introduced Jimmie Possum—Billy’s running mate—named after Vice President James Sherman. Supporters could join a group called the “Possum Club.” Composer J. B. Cohen and lyricist G. A. Scofield even wrote a ragtime tune called “Possum: The Latest Craze,” whose last verse goes:

Ole Teddy Bar’s a dead one now
Sence Bill Possum’s come to town.
An’it taint no use to make excuse
Or raise a fuus an’frown.

Jes get in touch wit’de President
Eat possum when you dine.
Den ask a Job of de Government
An’ you’ll cert’ly be in line.

Feminist Language and the Exploitation of Women Workers

[ 9 ] June 17, 2015 |

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I go into this a bit in Out of Sight, but Hester Eisenstein goes into much greater detail into how the global export industries have engaged in the widespread exploitation of women, often using the language of feminism to justify them doing so. Eisenstein also notes how many scholars have fallen into this trap, assuming that the limited gains women might make from a job in an apparel factory is a real path to women’s liberation. That’s not because work, even low paid work, can’t play a role in women’s liberation, but because the global economy simply does not provide a path for most of the world’s workers to improve their lives anymore.

There is no doubt that working in EPZ factories, which provide young women with an independent income, can have a liberating effect. These women are following the path prescribed by Karl Marx and Friedrich Engels: instead of doing unpaid and exhausting work on a farm, subject to feudal and patriarchal controls, seek employment in factories, which can bring economic autonomy and a consciousness of one’s capacities. But what may be true in theory is often less so in practice, especially given the harsh conditions under which most women in EPZs work.

Conditions in EPZs vary from country to country, but nearly all are exempt from national labor laws, and as a 2004 report by the International Confederation of Free Trade Unions shows, employers are ruthless in crushing unionizing attempts and in going after labor organizers.

Even if they don’t try to unionize, female EPZ workers face constant harassment. At CODEVI, a company located in Haiti’s Ouanaminth free-trade zone, workers producing Levi’s jeans for the clothing group Grupo M have experienced “abductions, beatings, arbitrary dismissals, verbal abuse, unpaid overtime, intimidation with firearms, and interrogations.”

In Mexico, workers are usually on short-term contracts, with no job security. Women applying for jobs can be subjected to health tests, including pregnancy testing, which can involve being examined naked and “asked intrusive personal questions such as, “‘Do you have a boyfriend?’ ‘How often do you have sex?’ and ‘Do you have children?’”

Jeremy Seabrook, who has also observed factories in Bangladesh, agrees with Kabeer that the women workers of Dhaka, Bangladesh go through epic struggles to get factory jobs, having to overcome the obstacles placed in their path by patriarchal families and communities. But he argues that the women have no power to decide which industries settle in Bangladesh to take advantage of them.

They work fourteen-hour days, with wages often delayed, and endure brutal overseers and extremely dangerous working conditions; he witnessed a fire in Dhaka on August 27, 2000, that killed a dozen people and in recent years, more than two hundred factory workers have died in fires. More recently, the 2013 Rana Plaza factory collapse outside Dhaka killed more than one thousand workers. As Seabrook remarks, “This is scarcely a model of self-determination.”

Any reasonable definition of feminism must support the right of women to organize unions, to not be sexually abused on the job, to not have employment hinged on pregnancy tests, to make a living wage. Certainly we must be willing to read through how corporations co-opt the language of feminism (feministwashing???) in order to justify and even promote how they exploit women. Walmart, Gap, Target, and the many other western corporations operating in Asia and Latin America absolutely could ensure that the women their contractors hire do use those jobs to live a better life that not only emancipates them from reliance on men for income but also allows them to have dignified lives at work and home. They choose not to do that. We should recognize that and call out those who use feminist language to justify the exploitation of women.

Uber Drivers Ruled Employees

[ 114 ] June 17, 2015 |

Uber drivers protest against working conditions outside the company's office in Santa Monica

This is a huge decision.

In what could be an explosive decision, the California Labor Commission has found that a driver for Uber in San Francisco is an employee of the company. That’s from a ruling filed in state court on Tuesday and first reported by Reuters. It’s pretty damning. “Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to enable drivers and passengers to transact the business of transportation,” the commission writes. “The reality, however, is that Defendants are involved in every aspect of the operation.”

Why so huge?

Just as importantly, drivers who are contractors, and not employees, also aren’t required to get benefits and other labor protections that employees are traditionally awarded. For Uber and all its peers in the so-called 1099 economy, this is another key thing that helps to keep costs low, rides cheap, and thin margins viable.

Determining whether workers should be classified as contractors or employees is rarely a simple matter. Uber points to its drivers’ abilities to set their own schedules as evidence that they operate independently and shouldn’t be considered traditional employees. Drivers, on the other hand, argue that Uber sets strict standards for how many rides they need to accept while on the road, and how they ought to interact with passengers—and reserves the right to deactivate their accounts (basically, the equivalent of firing) if they don’t comply. In California, where the issue of whether drivers for Uber and its main rival Lyft are employees is headed to trial, U.S. district judges have in two separate rulings declined to make a final decision. “The test the California courts have developed over the 20th Century for classifying workers isn’t very helpful in addressing this 21st Century problem,” one wrote.

So until now, the big, scary question—the one that could decimate Uber, and Lyft, and all the 1099 companies like them—has basically remained a hypothetical. Which is why it’s so important that the California Labor Commission has finally stepped in to say yes, this Uber driver is an employee, and she’s owed $4,000 in expenses. Imagine if Uber suddenly had to pay $4,000 back to all of its drivers in California, much less across the U.S. Even its $5.9 billion in funding would presumably wilt at the thought. It’s undeniable that Uber drivers becoming employees would be a huge blow to Uber’s business model. What we still don’t know is: How huge?

Effectively this entire industry is developed around a principle of labor exploitation. By forcing all of the costs of being an employee onto the worker, defining a worker as an independent contractor is part of the corporate toolkit to control workers’ lives without taking responsibility for them or having to pay into the social welfare net. Other tools include temp work (which today often means permanent work without benefits and multiple employees on the same Toyota shop floor in Kentucky working for different “employers.”), subcontracting, franchising, and outsourcing. Industries around the country have attempted to classify workers as independent contractors to avoid labor law and now we have seen new industries develop where this is the fundamental model. In all of these circumstances, the corporation at the top actually dictates terms of employment, often including hours and wages, or in the case of Uber, how many rides the drivers can accept. Moreover, Uber has full firing rights.

In other words, “disruption” actually means “finding new ways to exploit the working class.” Good for California for cracking down. Given the power of the Silicon Valley people in that state, we’ll have to see where this goes from here, but it’s a very promising decision.

Republicans know this too, which is why Grover Norquist thinks Uber is key for Republicans retaking the cities.

Another Out of Sight Excerpt

[ 1 ] June 17, 2015 |

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Truthout has published an excerpt of Out of Sight, on toxicity and environmental justice.

The potential for a strong labor-green coalition to fight for healthy workplaces and ecosystems clean enough for people to enjoy in their free time was a threat to corporations. Companies responded to environmentalism’s rise by taking advantage of a road the American government had already opened to them—moving their operations away from the people with the power to complain about pollution. They did this in two ways. Some industries scoured the nation, seeking the poorest communities to place the most toxic industries. They assumed those communities, usually dominated by people of color, would not or could not complain. The companies would work with corrupt local politicians to push through highly polluting projects before citizens knew what was entering their communities. Other industries went overseas, seeking to repeat their polluting ways in nations that lacked the ability or desire to enforce environmental legislation. Capital mobility moved toxicity from the middle class to the world’s poor.

In 1978, Chemical Waste Management, a company that specialized in handling toxic waste, chose the community of Emelle, in Sumter County, Alabama, as the site of its new toxic waste dump. Corporations contracted with Chem Waste to handle their toxic waste. Sumter County was over two-thirds African American and over one-third of the county’s residents lived in poverty, but whites made up the county political elite approving the decision. In Emelle, more than 90 percent of the residents were black. This is why Chem Waste chose Emelle. They worked with a local company led by the son-in-law of segregationist Alabama governor George Wallace to acquire the site. No one told local residents what was to be built there. Local rumors suggested a brickmaking facility. The company dumped polychlorinated biphenyls (PCBs) and other toxic materials at the site. Despite claiming it was safe, the company racked up hundreds of thousands of dollars in fines. Such activities were common for Chem Waste. It always chose communities like this to site its dumps—Port Arthur, Texas, in a neighborhood that was 80 percent people of color; Chicago’s South Side in a neighborhood 79 percent people of color; and Saguet, Illinois, a 95 percent African American area.

The racist actions of companies like Chemical Waste Management led to the environmental justice movement. By fighting for the environments where we live, work, and play, environmental justice has redefined environmentalism and connected capital mobility with environmentalism by focusing on how corporations make decisions about where to locate toxic exposure. Through the environmental justice movement, people of color began adapting the language of environmentalism to their struggles with toxicity and pollution. Scholars usually date the movement to an incident in 1982 when the state of North Carolina wanted to dump six thousand truckloads of toxic soil contaminated with PCBs in a predominantly African American section of Warren County. More than five hundred protesters were arrested. Civil rights leaders and community members began tying racism to environmentalism, noting how the Environmental Protection Agency in the Southeast had targeted African American communities for toxic waste dumping. A new social movement was born. Alabamians for a Clean Environment formed to fight the Emelle toxic waste site.

Chemical Waste Management had built a toxic waste dump in Kettleman City, California, a 95 percent Latino town in a white majority county. When the company planned to add a toxic waste incinerator, residents fought back, forcing Chem Waste to withdraw its application in 1993. Residents and the company still battle over environmental justice there today. African Americans in Anniston, Alabama, won a lawsuit against the chemical company Monsanto, which paid $390 million in 2003 for contaminating their neighborhood with PCBs, while residents of Norco, Louisiana, defeated Shell Oil in court, forcing it to pay for them to move away from the neighborhood the oil giant contaminated.

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