Free, Prior, and Informed Consent (FPIC)

By Jan Morril and Brytnee Laurette - Earthworks, December 11, 2023

January 25, 2024, will mark the fifth anniversary of the catastrophic tailings dam failure at Vale’s mine in Brumadinho, Brazil, where 272 people, including two pregnant women, died. Vale, who knew about the dam’s stability concerns, failed to protect its workers and residents in nearby downstream communities. Today, company representatives are facing homicide charges for their role in the tragedy.

As the UN Climate Change Conference (COP) winds down in Dubai, several of the world’s biggest mining companies, like Vale and Rio Tinto, have attempted to influence climate conversations over the last two weeks with representatives of governments, negotiators, businesses, and civil society groups. 

Meanwhile, communities, NGOs, and trade unions–who have seen firsthand the abuses of these companies–continue to bring attention to the need for higher standards on human rights and responsible solutions to mining’s environmental risks, such as mining waste. They also call for stricter adherence to the principles of the United Nations Declaration on the Rights of Indigenous Peoples.

Despite many promises to the contrary, mining corporations continue to ignore these demands.

In the years since, Vale has invested in improving its image in Brazil and abroad. “Our commitment is to prioritize people, repair, and guarantee a safe operation,” Vale states in its promotional materials. However, people living near Vale’s mines continue to experience human rights violations, environmental degradation, and trauma. Vale’s actions reveal that it still does not prioritize people. Instead, it remains focused on its bottom line and saving its reputation. 

By various - California Environmental Justice Alliance, October 13, 2023

We represent heavily polluted communities throughout the State of California. Our communities border oil refineries, gas-fired power plants, industrial farming operations, fossil fuel extraction facilities, waste processing centers, ports, transportation corridors and other polluting operations. These cumulative sources of pollution cause a wide range of adverse health outcomes in working class communities of color. Our communities share a common fence with facilities and operations that emit toxins, foul smells, and noise and cause nuisance impacting people’s quality of life at all hours of the day and night.

The State of California intends to expand the use of hydrogen as a fuel, and to this end, we offer these guiding principles, which are essential to respect and protect our communities.

The following principles represent our collective values and positions to support communities as hydrogen energy is utilized across the state.

These principles were developed in 10 workshops and learning sessions for environmental justice partners across California between March and September of 2023. The learning sessions examined the current science, including risks, benefits, and unknowns, and shed light on each stage of the hydrogen cycle, including production, delivery, storage, and use. The workshops allowed our organizations to discuss different perspectives, build consensus, and reflect on how hydrogen may impact our communities. 

We adamantly oppose all non-green hydrogen proposals and projects. We insist that new projects protect communities first and do not perpetuate the injustices that polluting infrastructures impose on fence-line communities today. Each stage of the hydrogen life cycle—production, delivery, storage, and end use—can present unique risks and harms to environmental justice communities and to all Californians.

Discussions about building new green hydrogen infrastructure must involve the community, and its members should be meaningfully engaged. Siting green hydrogen infrastructure should also take into account the cumulative impacts of environmental justice communities and the risks associated with hydrogen.

By Jennifer Moon and Zully Juarez - Just Solutions Collective, May 2023

By various - Chief Sustainability Office, Los Angeles, December 10, 2022

By staff - The Climate and Community Project, April 6, 2022

Sourcing materials for renewable energy, such as lithium for lithium-ion batteries, can create its own environmental justice problems. Check out this brief report from the Climate and Community Project.

The report addresses President Biden’s recent order invoking the Defense Production Act to ramp up domestic mining for “clean energy technologies,” particularly for lithium-ion batteries used to power electric vehicles and other renewable technologies.

The report points out that “mining is one of the most environmentally harmful industries, with multinational mining companies and their governmental allies subjecting communities to rights violations and outright violence.”

It outlines four policies needed to make sure the new push for renewable energy materials is just and sustainable:

1. Reform the 1872 General Mining Law to recognize Free,
   Prior, and Informed Consent of Indigenous peoples. . . and amend to include environmental protections,
2. Rapidly build out critical mineral recycling infrastructure.
3. Invest in Independent and Publicly Funded Research and Development (R&D).
4. Fund a Green New Deal for Transportation,

Download a copy of this publication here (PDF).

By Yonah Freemark, Billy Fleming, Caitlin McCoy, Rennie Meyers, Thea Riofrancos, Xan Lillehei, and Daniel Aldana Cohen - Climate and Community Project, February 2022

The transportation system is the connective tissue that transforms pockets of communities into a networked society. It links home, school, work, and play. It drives economic growth, social mobility, and employment opportunities. 

The transportation sector currently emits more carbon pollution than any other sector in the US economy. The automobiles we drive, the trucks, trains, and ships that deliver our goods, the airline flights we take, and other transportation activities account for about 28 percent of US greenhouse gas emissions. The passage of President Biden’s Infrastructure Investment and Jobs Act is replete with new funding for state and local highway expansion, and seems likely to further exacerbate the sector’s emissions. More than 120 years after electric vehicles briefly achieved popularity in the 1900s, petroleum products still power over 91 percent of today’s transportation system. Americans collectively drive more than three trillion vehicle miles per year, most of those as a single driver in an automobile. Life in the United States is organized around personal automobiles powered by petroleum. For a Green New Deal in transportation to be possible, that has to change. A climate-safe future requires a swift and just decarbonization of the transportation sector, a major expansion of public and active transportation, and the parallel decarbonization of the electricity sector.

Transportation often exacerbates social inequity and racial injustice within and between communities. Its infrastructure speeds the movement of those who are better off, to the detriment of those who are most in need. In far too many communities, governments, planners, and engineers prioritize vehicles over people and efficiency in travel time at the cost of quality of life. Choices made by elected officials and transportation agencies about how funds are allocated at the federal, state, and local levels have played a major role in reinforcing these outcomes over the past century.

In 2021, Congress passed the Infrastructure Investment and Jobs Act – the centerpiece of President Biden’s Bipartisan Infrastructure Framework. It provides substantial new funds for intra-city public transit, intercity passenger rail, and new electric vehicle charging infrastructure. It also includes $7.5 billion in new discretionary funding for innovative transit projects in the RAISE program (formerly BUILD and TIGER), along with new incentives for roadway repair and maintenance. However, the bill also allocates $350 billion towards new road and highway projects that will be administered by state and local departments of transportation. Much of this funding is likely to be spent on highway expansion projects. In short, the Infrastructure Investment and Jobs Act is poised to invest in a small number of innovative, low-carbon public transit projects alongside a massive new investment in roads and highways – locking in higher emissions for the sector than those that predated the bill. In other words, the Infrastructure Investment and Jobs Act could invest dramatically more on highway expansion than on innovative, low-carbon public transit projects. That dynamic has to change.

In this report, we propose a series of critical opportunities for new transportation-related policies to improve equal access, mobility, and opportunity in our transportation system, reduce emissions, support global climate cooperation, and develop long-lasting infrastructure and workforce development strategies on a changing planet. We argue for a move away from past policies that encouraged the release of greenhouse gases and other air pollutants while furthering social inequity. Crucially, this report aims to shift the conversation surrounding the transportation sector and decarbonization from focusing exclusively on electric vehicles and high-speed rail to addressing the many disparate parts of America’s transportation system. This includes a focus on intra- and intercity rail in addition to high-speed rail; an approach to electric vehicles that pairs supply-side policies (e.g. manufacturing tax credits) with a more progressive demand-side approach that benefits low and middle-income households with few public transit options instead of wealthy, coastal city residents who tend to purchase high-end luxury electric vehicles (e.g. Tesla).

Instead, the transportation system should be viewed as a strategic lever for investing in good-paying low-carbon jobs, justice, and a decarbonized economy. We build on the important progress Congress members have made through their introduction of bills such as the Moving Forward Act to identify a series of policies that would further that ambition.

Read the text (PDF).

By various unions - Trade Unions for Energy Democracy, November 9, 2021

The following “Trade Union Program for a Public, Low-Carbon, Energy Future” (“Program”) is the result of the work of a Trade Union Task Force consisting of more than 30 unions. Focusing mainly on the power sector, the Program is an attempt to rally the international trade union movement behind an ambitious political effort to bring about a fundamental shift in climate and energy policy. This shift is needed both to correct the failures of the market model and to ensure that the energy transition is socially just, economically viable, and effective in terms of reaching climate goals.

Recognising That:

• Access to a healthy environment has been declared a human right by the UN Human Rights Council, in recognition of the interconnected human rights crises of environmental degradation and climate change.
• Lack of adequate access to energy remains a major source of poverty, inequality and insecurity, in violation of human rights and contrary to the aims of the UN’s Sustainable Development Goals.
• Widespread electrification of many energy-dependent processes will be necessary to meet agreed, science-based decarbonisation targets.
• Ensuring access to affordable, safe, secure, reliable, low-carbon electricity will therefore be essential to meeting most future energy needs.
• All known methods of capturing, transforming, and distributing energy for use involve some degree of environmental disruption.
• Neoliberal climate and energy policies – which are tied to privatisation and commodification – have failed to halt the rise of greenhouse gas emissions.
• Privatisation, marketisation, and liberalisation of electrical power systems have led to price increases, falling levels of service quality, and inadequate investment.
• The transition required to meet decarbonisation targets will entail substantial changes affecting workers, especially in many energy-related areas of employment, and many of these changes may be very disruptive if their impacts are not addressed.
• Many countries in the global south continue to face a crippling legacy of colonialism and debt, constraining their ability to procure the technologies and resources needed to ensure universal access to electricity.

By Eriel Deranger, Jacqui Patterson, Moñeka De Oro, Tom Goldtooth, and Ananda Lee Tan - Tishman Environment Design Center, October 8, 2021

By staff - Global Witness, September 2021

The climate crisis is a crisis against humanity.

Since 2012, Global Witness has been gathering data on killings of land and environmental defenders. In that time, a grim picture has come into focus – with the evidence suggesting that as the climate crisis intensifies, violence against those protecting their land and our planet also increases. It has become clear that the unaccountable exploitation and greed driving the climate crisis is also driving violence against land and environmental defenders.

In 2020, we recorded 227 lethal attacks – an average of more than four people a week – making it once again the most dangerous year on record for people defending their homes, land and livelihoods, and ecosystems vital for biodiversity and the climate.

As ever, these lethal attacks are taking place in the context of a wider range of threats against defenders including intimidation, surveillance, sexual violence, and criminalisation. Our figures are almost certainly an underestimate, with many attacks against defenders going unreported. You can find more information on our verification criteria and methodology in the full report.

Read the text (PDF).