Eisenberg & Kronk Warner: The Precipice of Justice
In The Precipice of Justice: Equity, Energy, and the Environment in Indian Country and Rural Communities, published in the Energy Law Journal, authors Ann M. Eisenberg (South Carolina Law) and Elizabeth Kronk Warner (Utah Law) address complex issues of justice related to questions of equity, energy, climate, and the environment. In particular, the authors compare two different types of rural communities—one in Indian country and the other in coal-reliant rural communities—and explore their overlapping, but different, experiences with law, energy development, and environmental justice.
In particular, these two case studies are used to discuss the relationship between fossil fuel production and rural socioeconomic marginalization. Specifically, this essay examines the experiences of Indian county and coal-reliant rural communities in the energy system, those communities’ environmental and energy justice burdens, and the law and policy frameworks that both shape those burdens and are positioned to alleviate and transform them.
The essay accounts for the unique struggles each community faces, ranging from questions of sovereignty to the dynamics of fuel sector employment. The transition to renewable energy does not automatically mean that today’s environmentally marginalized communities will necessarily fare better. Marginalized communities risk continuing to bear disproportionate environmental burdens while facing barriers to equitable access to new opportunities, such as “green” jobs. However, the authors suggest that the current environmental climate and federal funding programs such as the American Rescue Plan place these communities in a position for positive change.
Ultimately, the authors assert tribes and rural communities are on the precipice of justice – meaning, the existence of energy and environmental justice problems has been identified, but it remains to be seen whether these problems will truly be ameliorated. However, these communities are in a strong political position and the current policies which have been promised will push these communities further towards justice – if they are continuously pursued.
In sum, the authors provide an insightful discussion on environmental justice and energy justice considerations within Indian country, coal-reliant rural communities, and rural America more broadly. The authors use this as an introductory essay and urge future work to explore whether the combination of public investments and local input results in the amelioration of the concerns raised in this essay.
