| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Maxwell Nettler |
EQUITY THROUGH EFFICIENCY: RETHINKING SUPERFUND POLICY IN LIGHT OF TORT LAW-PROVOKED ENVIRONMENTAL RACISM |
30 New York University Environmental Law Journal 267 (2022) |
Introduction. 267 I. The Cleanup Stage. 271 A. Structure of CERCLA. 271 B. EPA's Risk Assessment Methodology. 275 C. Inefficiencies in EPA's Methodology. 278 D. An Issue of Environmental Justice. 282 II. The Siting Stage. 283 A. Tort Law and Perverse Incentives. 283 B. Empirical Evidence. 286 C. Case Studies. 289 1. Dickson County. 289 2. Warren... |
2022 |
Yes |
| Zachary R.M. Outzen |
FOREWORD TO ENVIRONMENTAL JUSTICE IN AMERICA: WHERE WE HAVE BEEN & CAN GO |
46 William and Mary Environmental Law and Policy Review 597 (Spring, 2022) |
In 1978, the Reverend Willie Hunter, a minister in Houston, Texas, approached an attorney named Linda McKeever Bullard. Bullard had recently left her position as a professor at the Thurgood Marshall School of Law to open her own private practice. Rev. Hunter had approached her on behalf of community members in Northwood Manor, a historically Black... |
2022 |
Yes |
| Thomas Prol |
FULFILLING THE PROMISE OF THE CIVIL RIGHTS MOVEMENT WITH ENVIRONMENTAL JUSTICE |
336-JUN New Jersey Lawyer, the Magazine 14 (June, 2022) |
New Jersey Gov. Phil Murphy's April 20, 2018, Executive Order (EO) 23 set in motion one of the most far-reaching undertakings in his ambitious environmental agenda for the Garden State: implementing Environmental Justice. In EO 23, Murphy stated that he was strongly committed to leading an administration that ensures all New Jersey residents .... |
2022 |
Yes |
| Gabrielle M. Kolencik |
HARMONY BETWEEN MAN AND HIS ENVIRONMENT: REVIEWING THE TRUMP ADMINISTRATION'S CHANGES TO THE NATIONAL ENVIRONMENTAL POLICY ACT IN THE CONTEXT OF ENVIRONMENTAL RACISM |
50 Journal of Law, Medicine & Ethics 76 (Spring, 2022) |
Keywords: Environmental Racism, National Environmental Policy Act, Environmental Justice, Trump, Biden Abstract: This article aims to show how the changes to NEPA by the Trump Administration are an act of environmental racism, defined as [i] ntentional or unintentional racial discrimination in environmental policy-making, enforcement of... |
2022 |
Yes |
| Jose Almanzar, Paula Schauwecker |
HOW ESG EFFORTS CAN PROMOTE ENVIRONMENTAL JUSTICE |
36-SPG Natural Resources & Environment 53 (Spring, 2022) |
On August 9, 2021, the United Nations Intergovernmental Panel on Climate Change (IPCC) published its most recent report on the global state of climate science. The comprehensive and starkly sobering new report tells policy makers, governments, and corporations, in no uncertain words, that we must all work with urgency to significantly lower global... |
2022 |
Yes |
| Affie Ellis |
JUSTICE40 AND THE EVOLUTION OF ENVIRONMENTAL JUSTICE |
45-JUN Wyoming Lawyer 32 (June, 2022) |
The exact start of the Environmental Justice (EJ) movement is often attributed to protests in Warren County, North Carolina, in the early 1980s. North Carolina allowed disposal of soil laced with polychlorinated biphenyl (PCBs), a highly toxic substance once widely used in products like coolant, near a predominantly Black community. Although... |
2022 |
Yes |
| Heather Kryczka , Natalia Ospina , Taylor Thomas |
NEW STEPS TOWARD ENVIRONMENTAL JUSTICE: THE CALIFORNIA COASTAL ACT AND ENVIRONMENTAL JUSTICE NEAR PORTS |
50 Southwestern Law Review 463 (2022) |
California's coast is home to several seaports of varying sizes, each with an individual history of development and community advocacy deserving of its own article. One thing ports tend to have in common are that the neighboring communities are majority communities of color and low-income families, in sharp contrast to more affluent sections of the... |
2022 |
Yes |
| Clifford J. Villa |
NO "BOX TO BE CHECKED": ENVIRONMENTAL JUSTICE IN MODERN LEGAL PRACTICE |
30 New York University Environmental Law Journal 157 (2022) |
For nearly thirty years, environmental justice has been part of our civic conversation and included in the mission of federal agencies. But while public attention to environmental justice has waxed and waned over time, environmental justice principles have endured and developed into rules of law. This development may be expected to continue and... |
2022 |
Yes |
| Jonathan Skinner-Thompson |
PROCEDURAL ENVIRONMENTAL JUSTICE |
97 Washington Law Review 399 (June, 2022) |
Abstract: Achieving environmental justice--that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies--requires providing impacted communities not just the formal right,... |
2022 |
Yes |
| Ruhan Nagra, Jeanne Bergman, Jasmine Graham |
REGULATORY THEATER: HOW INVESTOR-OWNED UTILITIES AND CAPTURED OVERSIGHT AGENCIES PERPETUATE ENVIRONMENTAL RACISM |
25 CUNY Law Review 355 (Summer, 2022) |
Introduction. 355 I - The Perverse Incentive and Environmental Racism. 357 A. National Grid's Fossil Fuel Infrastructure Expansion. 357 B. The Perverse Incentive of Investor-Owned Utilities. 362 C. Environmental Justice and Climate Impacts. 365 II - Utility Rate Cases in New York. 374 A. Utility Rate Cases 101: The Process. 375 B. Utility Rate... |
2022 |
Yes |
| Norman A. Dupont |
SEER, ENVIRONMENTAL JUSTICE, AND DIVERSITY--TOWARD IMPLEMENTING THE 2021 ABA RESOLUTION |
54 No. 1 ABA Trends 19 (September/October, 2022) |
In August 2021 the ABA House of Delegates adopted a Section initiated and sponsored Resolution No. 513. That resolution provided for the ABA to advance environmental justice (EJ) programs and further resolved that the ABA urges all organizations with law-related practices to consider the perspectives and communities of color, indigenous... |
2022 |
Yes |
| Lydia Heye |
THE FOSSIL FUEL PHASE-OUT'S MULTI-MILLION DOLLAR PROBLEM: AN ENVIRONMENTAL JUSTICE ANALYSIS OF IDLE OIL WELL MANAGEMENT IN CALIFORNIA |
40 UCLA Journal of Environmental Law & Policy 61 (2022) |
Throughout the state of California, oil operators will continue to abandon thousands of their oil wells within the coming years. With the growing threats of climate change, local, state and federal policymakers are looking away from fossil fuels and towards supporting renewable energy generation. In April 2021, California Governor Gavin Newson... |
2022 |
Yes |
| Kirsten Williams |
THE IMPACT OF FORESIGHT: REFRAMING DISCRIMINATORY INTENT TO PROPERLY REMEDY ENVIRONMENTAL RACISM |
59 Houston Law Review 1231 (Spring, 2022) |
For too long, minority communities have been forced to accept the consequences of living near landfills, hazardous waste sites, industrial facilities, contaminated water sources, and other locally undesirable land uses at higher rates than nonminority communities. Many environmental justice advocates hope for expanded availability of the disparate... |
2022 |
Yes |
| Mariana Muñoz |
THIS LAND IS MY LAND, THIS LAND IS YOUR LAND, BUT WHERE IS THE ENVIRONMENTAL JUSTICE? |
23 Vermont Journal of Environmental Law 296 (Spring, 2022) |
Introduction. 296 I. Background. 298 A. A History of Broken Promises. 298 B. The Environmental Justice Movement. 300 C. Native Americans and Tribal Interplay with the Environmental Justice Movement. 301 II. Legal Analysis. 303 A. The Landmark Decision: McGirt v. Oklahoma. 303 B. Indian Nation Post McGirt: Generally. 306 C. Indian Nation Post... |
2022 |
Yes |
| Alicia Muir |
TRUST ISSUES: USING STATES' PUBLIC TRUST DOCTRINES TO ADVANCE ENVIRONMENTAL JUSTICE CLAIMS |
46 William and Mary Environmental Law and Policy Review 707 (Spring, 2022) |
Instances of environmental injustice are more evident now than ever before. As people are calling for societal change and social equality, it is important to include environmental justice in the conversation. When evaluating institutional sources of racism, the United States must evaluate how industrial development, environmental policies, and... |
2022 |
Yes |
| Hannane Amanpour |
WHAT THE RECENT NEPA OVERHAUL HAS MADE ABUNDANTLY CLEAR: THE FEDERAL GOVERNMENT IS FAILING TO ADEQUATELY CONSIDER ENVIRONMENTAL JUSTICE CONCERNS |
13 George Washington Journal of Energy & Environmental Law 58 (2022) |
This Note considers the disproportionate environmental impact of federal projects affecting minority and other poor, disadvantaged, or underserved communities, and proposes that Congress should amend the National Environmental Policy Act (NEPA) to explicitly provide for procedural requirements aimed at mitigating environmental justice concerns.... |
2022 |
Yes |
| Richard Spradlin |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
2022 |
Yes |
| Charles Lee |
ANOTHER GAME CHANGER IN THE MAKING? LESSONS FROM STATES ADVANCING ENVIRONMENTAL JUSTICE THROUGH MAPPING AND CUMULATIVE IMPACT STRATEGIES |
51 Environmental Law Reporter (ELI) 10676 (August, 2021) |
During the past several years, I have devoted considerable energy to laying the groundwork for advancing environmental justice (EJ) at the state level. State agencies make most of the decisions under both federal and state environmental laws, and activists and pundits alike have argued for a stronger focus on state EJ efforts. States can be robust... |
2021 |
Yes |
| James R. May |
BENDING THE MORAL ARC TOWARD ENVIRONMENTAL JUSTICE |
36-FALL Natural Resources & Environment 3 (Fall, 2021) |
Environmental justice (EJ) means all persons enjoy equal dignity, and environmental benefits and burdens should be fairly shared regardless of race, color, national origin, or income. Pioneered in tandem with the civil rights movement, we've been documenting the disproportionate adverse effects of environmental pollution on communities of color and... |
2021 |
Yes |
| Idna G. Castellón |
CANCER ALLEY AND THE FIGHT AGAINST ENVIRONMENTAL RACISM |
32 Villanova Environmental Law Journal 15 (2021) |
Cancer Alley, also known as Petrochemical America, is an area along the Mississippi River spanning from Baton Rouge to New Orleans, Louisiana. Cancer Alley houses over 150 petrochemical plants and refineries. Petrochemical companies use these plants to refine crude oil . into a variety of petrochemicals that are then used to produce... |
2021 |
Yes |
| Christopher Afgani |
CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE |
68 UCLA Law Review 786 (October, 2021) |
Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... |
2021 |
Yes |
| Charles Lee |
CONFRONTING DISPROPORTIONATE IMPACTS AND SYSTEMIC RACISM IN ENVIRONMENTAL POLICY |
51 Environmental Law Reporter (ELI) 10207 (March, 2021) |
Understanding and operationalizing the concept of disproportionate impacts are critical to the next generation of environmental justice (EJ) practice. This Article charts a pathway to better defining, articulating, and analyzing disproportionate impacts in a manner that is empirically based, analytically rigorous, and has an evidentiary link to... |
2021 |
Yes |
| Clare Pledl |
ECO-ABLEISM IN THE ENVIRONMENTAL JUSTICE MOVEMENT |
23 Vermont Journal of Environmental Law 1 (Fall, 2021) |
Introduction. 1 I. Disability is a Critical Issue in the Fight for Environmental Justice. 3 A. A Brief History of Disability. 3 B. The Disability Rights Movement. 5 C. The Significant Impacts of Climate Change on Disability. 8 II. Eco-Ableism and the Environmental Justice Movement. 12 A. Perpetuation of Ableism in the Environmental Movement. 14 B.... |
2021 |
Yes |
| Jacob Elkin |
ENVIRONMENTAL JUSTICE AND PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AMENDMENT: APPLYING THE DUTY OF IMPARTIALITY TO DISCRIMINATORY SITING |
11 Columbia Journal of Race and Law 195 (January, 2021) |
Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their... |
2021 |
Yes |
| Paul N. Nybo |
ENVIRONMENTAL JUSTICE AND THE GULLAH GEECHEE: THE NationAL ENVIRONMENTAL POLICY ACT'S POTENTIAL IN PROTECTING THE SEA ISLANDS |
72 South Carolina Law Review 1039 (Summer, 2021) |
I. Introduction. 1039 II. Background. 1041 A. History of the Gullah Geechee. 1041 B. The Gullah/Geechee Cultural Heritage Act. 1044 C. The Heirs' Property Problem. 1047 D. The National Environmental Policy Act. 1051 1. Environmental Justice and NEPA. 1053 2. Agency Requirements Under NEPA. 1054 III. Analysis: NEPA's Application to Sea Island... |
2021 |
Yes |
| Kyra G. Bradley |
ENVIRONMENTAL JUSTICE CLASS ACTION RISES ABOVE THE RUBBISH: THE THIRD CIRCUIT REVIVES COMMON-LAW NUISANCE REMEDIES IN BAPTISTE v. BETHLEHEM LANDFILL CO. |
32 Villanova Environmental Law Journal 209 (2021) |
Since the late 1980s, American society has become increasingly aware of a grievous environmental issue in the United States: the disproportionate allocation of environmental burdens to racial and ethnic minority populations. Studies demonstrate that irrespective of class, race is the best predictor of exposure to air pollution, location of... |
2021 |
Yes |
| Denisse Enriquez, Class of 2022, UNM School of Law |
ENVIRONMENTAL JUSTICE IN NEW MEXICO: COUNTING COUP BY VALERIE RANGEL (HISTORY PRESS, 2019) |
61 Natural Resources Journal 155 (Winter, 2021) |
New Mexico has a complex history, not only the cultural history but also the environmental history of the state. This can be seen distinctly in the arrival of the Spanish Colonialists. While conquest by Spanish colonialists brought exotic goods and new technology, it also came with policies of extermination of Indian culture; suppression of... |
2021 |
Yes |
| Douglas A. Henderson, Cynthia A. M. Stroman, Joseph A. Eisert |
ENVIRONMENTAL JUSTICE LITIGATION |
36-FALL Natural Resources & Environment 17 (Fall, 2021) |
Over the past 40 years, individuals and environmental groups alike have filed environmental justice (EJ) lawsuits, alleging either intentional racism, disparate impacts, or both, associated with landfill siting, infrastructure projects, and industrial emissions. But so far EJ litigation has resulted in few big wins for plaintiffs, at least using... |
2021 |
Yes |
| Banumathi Rangarajan , Leigh Rendé , Trial Attorney, Environmental Crimes Section, Trial Attorney, Environmental Crimes Section |
ENVIRONMENTAL JUSTICE: A PATH TOWARDS EQUITY THROUGH ENVIRONMENTAL CRIMES PROSECUTIONS |
69 Department of Justice Journal of Federal Law and Practice 213 (December, 2021) |
For decades, many have struggled to address the inequitable burden certain communities bear in connection with our nation's waste and pollution. Notwithstanding presidential and federal agency efforts to advance environmental justice (EJ) in those communities, measurable success remains elusive, especially in the context of criminal violations.... |
2021 |
Yes |
| Michael J. Wynne , Alexis Summers |
ENVIRONMENTAL JUSTICE: NO LONGER A NASCENT CONCEPT BUT HURDLES REMAIN |
58-APR Houston Lawyer 18 (March/April, 2021) |
We revisit a topic we addressed in this publication 21 years ago. The term in use frequently then was Environmental Racism. There were then and remain emotionally-charged debates centered on the struggle to deconstruct a policy choice or agency decision (including permitting decisions) and assess whether the decision was based on an insidious... |
2021 |
Yes |
| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN Indian COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TribAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
Yes |
| Vivian D. Wesson |
ENVIRONMENTAL RACISM: HOW LAWYERS CAN HELP CLOSE THE CLIMATE GAP |
93-FEB New York State Bar Journal 34 (January/February, 2021) |
On August 29, 2005, Hurricane Katrina made landfall in the Gulf Coast region of the United States. The category 3 storm brought wind speeds in excess of 120 mph and a storm surge as high as 19 feet. For cities in the storm's path, like New Orleans, officials ordered mandatory evacuations. Many New Orleans residents, though, lacked the financial... |
2021 |
Yes |
| William C.C. Kemp-Neal J.D. |
ENVIRONMENTAL RACISM: USING ENVIRONMENTAL PLANNING TO LIFT PEOPLE OUT OF POVERTY, AND RE-SHAPE THE EFFECTS OF CLIMATE CHANGE & POLLUTION IN COMMUNITIES OF COLOR |
32 Fordham Environmental Law Review 295 (Symposium-Spring, 2021) |
Long before the phrase I can't breathe became a rallying cry for Black Lives Matter activists protesting the deaths of Black people at the hands of police, environmental-justice activists warned that pollution was choking and killing people of color in the U.S. In the mid-1900s the United States began to see a rise in concern for environmental... |
2021 |
Yes |
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
Yes |
| |
GREEN AMENDMENTS: VEHICLES FOR ENVIRONMENTAL JUSTICE |
51 Environmental Law Reporter (ELI) 10903 (November, 2021) |
Despite existing laws, communities across the United States are exposed to dangerous environmental conditions that can have devastating effects on public health. One emerging mechanism to address these issues are green amendments, self-executing provisions added to a state constitution that recognize and protect the rights of all people,... |
2021 |
Yes |
| Gabrielle Kolencik |
HARMONY BETWEEN MAN AND HIS ENVIRONMENT: REVIEWING THE TRUMP ADMINISTRATION'S CHANGES TO THE NationAL ENVIRONMENTAL POLICY ACT IN THE CONTEXT OF ENVIRONMENTAL RACISM |
9 Joule: Duquesne Energy & Environmental Law Journal 1 (Spring, 2021) |
In 1970, Congress passed, with strong bipartisan support, the National Environmental Policy Act (NEPA) for the purpose of requiring federal agencies to engage in efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man. For over fifty years, NEPA had propelled towards the... |
2021 |
Yes |
| Madeline Marguerite Byers |
HOUSTON, WE HAVE A GENTRIFICATION PROBLEM: THE GENTRIFICATION EFFECTS OF LOCAL ENVIRONMENTAL IMPROVEMENT PLANS IN THE CITY OF HOUSTON |
7 Texas A&M Journal of Property Law 163 (March 23, 2021) |
Local environmental improvement plans are increasingly popular among urban planners. As climate change and environmental justice concerns increase, many communities demand a change in local land use policies that put these concerns at the forefront. One such community is the city of Houston, Texas, which issued several environmental improvement... |
2021 |
Yes |
| Barry E. Hill |
HUMAN RIGHTS, ENVIRONMENTAL JUSTICE, AND CLIMATE CHANGE: FLINT, MICHIGAN |
46 Human Rights 14 (2021) |
Former Michigan Governor Rick Snyder and eight other state government officials are facing criminal charges for their alleged roles in the disastrous Flint, Michigan, drinking water crisis of roughly seven years ago. Those officials face 42 felony and misdemeanor counts, which range from perjury to official misconduct in office to extortion to... |
2021 |
Yes |
| Taylor Lilley, Esq., Brittany Wright, Esq. |
IMPROVING REPRESENTATION IN ENVIRONMENTAL LAW AND THE CHARGE FOR ENVIRONMENTAL JUSTICE |
3 No. 1 Maryland Bar Journal 122 (June, 2021) |
Environmental attorneys, whether in private practice, government agencies, or non-governmental organizations, are at the intersection of two related movements: the push to diversify the legal field and the call to engage in efforts to secure environmental justice. Both movements aim to increase representation and meaningfully include all voices in... |
2021 |
Yes |
| Dr. Robert D. Bullard |
INTRODUCTION: ENVIRONMENTAL JUSTICE--ONCE A FOOTNOTE, NOW A HEADLINE |
45 Harvard Environmental Law Review 243 (2021) |
Four decades ago, the concept of environmental justice was a mere footnote. Before the environmental justice movement burst onto the national scene, it was commonplace and a generally accepted norm by society, government, and industry that steering pollution to poor and people-of-color communities and away from affluent and white communities was no... |
2021 |
Yes |
| Mollie Soloway |
MEASURING ENVIRONMENTAL JUSTICE: ANALYSIS OF PROGRESS UNDER PRESIDENTS BUSH, OBAMA, AND TRUMP |
51 Environmental Law Reporter (ELI) 10038 (January, 2021) |
President Donald Trump's environmental policies appear detrimental to the environmental justice (EJ) movement, but little work has been done to test their true impact on EJ. This Article offers a method for evaluating progress (or lack thereof) across the last three presidential administrations, proposing three metrics for progress: access to legal... |
2021 |
Yes |
| Lauren Bachtel, Kerry McGrath, Andrew Turner, John Bobka |
NAVIGATING ENVIRONMENTAL JUSTICE ISSUES IN FEDERAL PERMITTING |
36-FALL Natural Resources & Environment 4 (Fall, 2021) |
Federal agencies are becoming laser focused on environmental justice (EJ) in federal permitting. This emphasis--part of the Biden administration's whole of government EJ strategy--is a key component of the administration's energy and environmental agenda. Projects across the county will experience changes in, among other things, design and... |
2021 |
Yes |
| Camilla Getz |
NEPA'S TEETH: HOW TO CHALLENGE CHEMICAL AND FOSSIL FUEL COMPLEXES USING A CLIMATE AND ENVIRONMENTAL JUSTICE ARGUMENT |
27 Hastings Environmental Law Journal 145 (Summer, 2021) |
Flooding and sea level rise in the United States is projected to become more frequent and severe due to climate change. Such climate events increase the risk of chemical spills into the environment, which disproportionally impact the health of low-income communities and communities of color. Despite international agreement that climate change is an... |
2021 |
Yes |
| Regina Paparo |
NOT A BOX TO BE CHECKED: ENVIRONMENTAL JUSTICE AND FRIENDS OF BUCKINGHAM v. STATE AIR POLLUTION CONTROL BOARD (4TH CIR. 2020) |
45 Harvard Environmental Law Review 219 (2021) |
C1-2Table of Contents Introduction. 219 I. Friends of Buckingham: Background, Procedural Posture, and Reasoning. 223 II. Friends of Buckingham and the Power of State Law. 231 Conclusion. 237 |
2021 |
Yes |
| Emily E. Harrison |
ODOR IN THE COURT! AND IT SMELLS LIKE ENVIRONMENTAL RACISM: HOW BIG PORK IS LEGALLY ABUSING POOR COMMUNITIES OF COLOR IN EASTERN NORTH CAROLINA |
11 Wake Forest Journal of Law and Policy 433 (2021) |
Over 500 plaintiffs across eastern North Carolina have filed twenty-six separate lawsuits against Murphy-Brown, LLC (Murphy-Brown), a subsidiary of Smithfield Foods, which is a Chinese-owned company. Smithfield Foods is the largest pork and hog producer in the world, generating 8.6 billion pounds of pork and 18.9 million hogs in 2016 alone. The... |
2021 |
Yes |
| Brenda Mallory , David Neal |
PRACTICING ON UNEVEN GROUND: RAISING ENVIRONMENTAL JUSTICE CLAIMS UNDER RACE NEUTRAL LAWS |
45 Harvard Environmental Law Review 295 (2021) |
C1-2Table of Contents Introduction. 296 I. Background: Environmental Injustice in Context. 297 II. Fighting for Environmental Justice Without Legislatively Enacted Substantive Environmental Justice Protections. 301 A. Union Hill. 302 1. FERC EJ Claims. 304 2. PSD Permit Fight - Using an Existing Site Suitability and Health Statute to Require... |
2021 |
Yes |
| Jessica B. Goldstein, Jodi A. Mazer |
PROSECUTING ENVIRONMENTAL CRIMES TO ADVANCE ENVIRONMENTAL JUSTICE |
36-FALL Natural Resources & Environment 45 (Fall, 2021) |
Hours after being sworn in on March 11, 2021, as the 16th administrator of the Environmental Protection Agency (EPA), Michael Regan shared his vision with the EPA's workforce: We will stand up for environmental justice, guided by our conviction that all people have the right to breathe clean air, drink clean water, and lead a healthy... |
2021 |
Yes |
| Shannon Roesler |
RACIAL SEGREGATION AND ENVIRONMENTAL INJUSTICE |
51 Environmental Law Reporter (ELI) 10773 (September, 2021) |
One legacy of the environmental justice movement is documenting the unequal distribution of environmental harms and benefits throughout American society. These inequalities are inscribed in our urban physical spaces by laws and policies designed to exclude African Americans and other minority groups from lands and spaces constructed and preserved... |
2021 |
Yes |
| Rachael E. Salcido |
RETOOLING ENVIRONMENTAL JUSTICE |
39 UCLA Journal of Environmental Law & Policy 1 (2021) |
This Article responds to environmental justice arguments that undermine, rather than safeguard, health and environmental quality for low-income and minority populations. Efforts by scholars and practitioners to clearly define environmental injustice to facilitate use of racial discrimination legal frameworks have had minimal success and are... |
2021 |
Yes |
| Andrea Wortzel, Viktoriia De Las Casas |
STATE LAWS PROVIDE NEW PATHWAYS FOR ENVIRONMENTAL JUSTICE CLAIMS |
36-SUM Natural Resources & Environment 18 (Summer, 2021) |
Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not new, for decades plaintiffs have struggled to find an effective means of asserting environmental justice claims. This is largely... |
2021 |
Yes |