| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| David Deganian |
ENVIRONMENTAL JUSTICE ON MY MIND: MOVING GEORGIA'S ENVIRONMENTAL PROTECTION DIVISION TOWARD THE CONSIDERATION OF ENVIRONMENTAL JUSTICE IN PERMITTING |
2 Barry University Environmental and Earth Law Journal 33 (Summer, 2012) |
Under the Obama Administration, the Environmental Protection Agency (EPA) is leading efforts to incorporate environmental justice measures into its inner-workings. So, too, are numerous other federal agencies. These efforts, however, have little practical effect at the state level where sources of pollution, such as coal-fired power plants and... |
2012 |
Yes |
| Jingjing Liu |
ENVIRONMENTAL JUSTICE WITH CHINESE CHARACTERISTICS: RECENT DEVELOPMENTS IN USING ENVIRONMENTAL PUBLIC INTEREST LITIGATION TO STRENGTHEN ACCESS TO ENVIRONMENTAL JUSTICE |
7 Florida A & M University Law Review 229 (Spring 2012) |
I. Introduction. 230 II. Environmental Justice in the Chinese Context. 231 A. Environmental Disparities Between Eastern and Western Regions. 234 B. Environmental Disparities Between Urban and Rural Areas. 235 C. Migrant Workers as a Vulnerable Group to Environmental Risks. 237 III. Employing Environmental Public Interest Litigation to Improve... |
2012 |
Yes |
| Nicholas C. Christiansen |
ENVIRONMENTAL JUSTICE: DECIPHERING THE MAZE OF A PRIVATE RIGHT OF ACTION |
81 Mississippi Law Journal 843 (2012) |
L1-2Introduction . R3844. I. The Failed Legal Tactic of the Equal Protection Doctrine. 849 A. Equal Protection Jurisprudence: A Brief Background. 849 B. Hammering a Square Peg in a Round Hole: The Equal Protection Doctrine and Environmental Justice Litigation. 852 II. The Attempt at Rectifying Environmental Racism: From Executive Orders to... |
2012 |
Yes |
| Eileen Gauna |
ENVIRONMENTAL LAW, CIVIL RIGHTS AND SUSTAINABILITY: THREE FRAMEWORKS FOR ENVIRONMENTAL JUSTICE |
19 Journal of Environmental and Sustainability Law 34 (Summer, 2012) |
Prominent environmental justice activist Deeohn Ferris once quipped, We are all in a sinking ship, people of color and poor are just closer to the hole. This metaphor captures the intuitive idea that we really cannot get to a sustainable level of development until we deal with the very hard set of issues that have been raised by those in the... |
2012 |
Yes |
| Kevin C. Foy |
HOME IS WHERE THE HEALTH IS: THE CONVERGENCE OF ENVIRONMENTAL JUSTICE, AFFORDABLE HOUSING, AND GREEN BUILDING |
30 Pace Environmental Law Review 1 (Fall 2012) |
Housing in the United States, at least prior to the recent economic downturn, came to be viewed as an investment that grew over time, and which could then be cashed in either for better housing or for other uses, much like a growth stock or savings account. But housing's fundamental purpose is to provide a decent place to live-a comfortable place... |
2012 |
Yes |
| Evan Barret Smith |
IMPLEMENTING ENVIRONMENTAL JUSTICE IN APPALACHIA: THE SOCIAL AND CULTURAL CONTEXT OF MOUNTAINTOP REMOVAL MINING AS SEEN THROUGH THE LENSES OF LAW AND DOCUMENTARIES |
4 William & Mary Policy Review 170 (Fall, 2012) |
Mountaintop removal is a form of mining that has major effects on the ecology and people of central Appalachia. The practice has gained increased attention from the U.S. Environmental Protection Agency (EPA) and popular cultural sources as an environmental justice issue. Recent decisions by the EPA incorporate an environmental justice analysis as... |
2012 |
Yes |
| Dr. Derek Fincham |
JUSTICE AND THE CULTURAL HERITAGE MOVEMENT: USING ENVIRONMENTAL JUSTICE TO APPRAISE ART AND ANTIQUITIES DISPUTES |
20 Virginia Journal of Social Policy and the Law 43 (Fall 2012) |
What does justice require? This paper aims to spark a conversation about the role of justice in art and antiquities disputes by introducing the concept of cultural justice. Borrowing from a principle known as environmental justice, cultural justice allows the application of critical scrutiny to the law and norms that govern cultural heritage. The... |
2012 |
Yes |
| Joseph Lam |
SPURRING ON ENVIRONMENTAL JUSTICE THROUGH CAP AND TRADE |
2 Chicago-Kent Journal of Environmental and Energy Law 1 (2011-2012) |
As proposed cap and trade programs for greenhouse gases gain political traction because of their averred market-based efficiencies, many environmental justice advocates have expressed concern about localized effects from cap and trade hot spots. The Article analyzes the conflicts between market-based pollution trading systems, i.e., cap and trade... |
2012 |
Yes |
| John C. Dernbach , Patricia E. Salkin , Donald A. Brown |
SUSTAINABILITY AS A MEANS OF IMPROVING ENVIRONMENTAL JUSTICE |
19 Journal of Environmental and Sustainability Law 1 (Summer, 2012) |
I. The Environmental Justice Foundation of Sustainable Development. 5 L1 A. Environmental Degradation Adversely Affects Human Well-Being. L25 B. Two Responses. 11 1. Sustainable Development. 11 2. Environmental Justice. 14 C. Sustainable Development as a Helpful Way of Framing Environmental Justice Issues. 17 II. How Sustainability Can Improve U.S.... |
2012 |
Yes |
| Joan D. Flocks |
THE ENVIRONMENTAL AND SOCIAL INJUSTICE OF FARMWORKER PESTICIDE EXPOSURE |
19 Georgetown Journal on Poverty Law and Policy 255 (Spring, 2012) |
Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant--pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is... |
2012 |
Yes |
| April Hendricks Killcreas |
THE POWER OF COMMUNITY ACTION: ENVIRONMENTAL INJUSTICE AND PARTICIPATORY DEMOCRACY IN MISSISSIPPI |
81 Mississippi Law Journal 769 (2012) |
L1-2Introduction . R3769. I. From Environmental Racism to Environmental Justice. 773 II. The Road to Environmental Justice: The Early Movement. 778 III. Environmental Injustice in Mississippi. 782 A. Turkey Creek--Harrison County, Mississippi. 782 B. Eastmoor Estates--Moorhead, Mississippi. 787 IV. Remedying the Injustice. 791 A. Legislative... |
2012 |
Yes |
| David W. Case |
THE ROLE OF INFORMATION IN ENVIRONMENTAL JUSTICE |
81 Mississippi Law Journal 701 (2012) |
L1-2Introduction . R3701. I. Federal Environmental Justice Policy. 706 II. Federal Policy on Information and Environmental Justice. 718 III. Environmental Justice Information: Tools and Sources. 724 A. EPA's Environmental Justice Strategic Enforcement Assessment Tool (EJSEAT). 725 B. EPA's EJView. 729 C. EPA's Community Cumulative Assessment Tool... |
2012 |
Yes |
| Raina Wagner |
ADAPTING ENVIRONMENTAL JUSTICE: IN THE AGE OF CLIMATE CHANGE, ENVIRONMENTAL JUSTICE DEMANDS A COMBINED ADAPTATION-MITIGATION RESPONSE |
2 Arizona Journal of Environmental Law & Policy 153 (2011) |
The Environmental Justice Movement of the late twentieth century had a lofty goal: to protect poor and minority communities from being adversely affected by environmental harms such as toxic waste dumps and polluted waters. Many agree that today's greatest environmental danger is climate change, a worldwide problem with intensely local impacts; and... |
2011 |
Yes |
| Shannon M. Roesler |
ADDRESSING ENVIRONMENTAL INJUSTICES: A CAPABILITY APPROACH TO RULEMAKING |
114 West Virginia Law Review 49 (Fall, 2011) |
I. Introduction. 50 II. Defining the Justice in Environmental Justice: Theoretical Foundations. 54 A. The Distribution of Environmental Bads and Goods: Empirical Evidence. 56 B. Theorizing Fair Distribution. 59 1. The Background Conditions for Application of the Difference Principle. 62 2. Primary Goods: Is This All We Need to Know?. 67 C. The... |
2011 |
Yes |
| Carmen G. Gonzalez |
AN ENVIRONMENTAL JUSTICE CRITIQUE OF COMPARATIVE ADVANTAGE: IndigenOUS PEOPLES, TRADE POLICY, AND THE MEXICAN NEOLIBERAL ECONOMIC REFORMS |
32 University of Pennsylvania Journal of International Law 723 (Spring 2011) |
1. Introduction. 724 2. Environmental Justice and Trade Agreements. 727 3. The Theory of Comparative Advantage: An Introduction. 736 4. Case Study: The Mexican Neoliberal Economic Reforms. 740 4.1. The Significance of the Corn Sector in Mexico and the United States. 741 4.2. Background to the Mexican Neoliberal Economic Reforms. 745 4.3. NAFTA,... |
2011 |
Yes |
| Jeanne Marie Zokovitch Paben |
APPROACHES TO ENVIRONMENTAL JUSTICE: A CASE STUDY OF ONE COMMUNITY'S VICTORY |
20 Southern California Review of Law & Social Justice 235 (Spring 2011) |
Environmental law encompasses many different areas. One aspect of environmental law is environmental justice. The United States Environmental Protection Agency (EPA) defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development,... |
2011 |
Yes |
| Julie Sze |
Asian AMERICAN IMMIGRANT AND REFUGEE ENVIRONMENTAL JUSTICE ACTIVISM UNDER NEOLIBERAL URBANISM |
18 Asian American Law Journal 5 (2011) |
Environmental justice, as an academic field, has ignored the conceptual contributions of Asian immigrant and Asian American activists of color, partly because of a focus on distributive justice instead of procedural justice. The goal of procedural justice is to secure self-representation for disenfranchised community members in crucial... |
2011 |
Yes |
| Colin Crawford |
ENVIRONMENTAL BENEFITS AND THE NOTION OF POSITIVE ENVIRONMENTAL JUSTICE |
32 University of Pennsylvania Journal of International Law 911 (Spring 2011) |
Environmental justice scholars have noted that, in the United States, there is less empirical work documenting disparities in environmental benefits than there is empirical study documenting the inequitable distribution and cumulative impact of multiple environmental burdens. The fact that much less has been done with respect to environmental... |
2011 |
Yes |
| Raina Wagner |
ENVIRONMENTAL JUSTICE AND CLIMATE CHANGE: DOES 20TH-CENTURY ACTIVISM HAVE A PLACE IN A 21ST-CENTURY CRISIS? |
2 Arizona Journal of Environmental Law & Policy 1 (April, 2011) |
During the 1970s and '80s, American scientists, researchers and activists began to make a connection between race and class and exposure to environmental harms. Inhabitants of poor and minority communities and neighborhoods faced far higher probability of exposure to health-damaging environmental toxins than others. Peoplerevolted against the... |
2011 |
Yes |
| Julia C. Rinne, Carol E. Dinkins |
ENVIRONMENTAL JUSTICE: MERGING ENVIRONMENTAL LAW AND ETHICS |
25-WTR Natural Resources & Environment 3 (Winter 2011) |
The environmental justice movement seeks to create equal access to ecological resources and equal protection from environmental hazards for all persons. Given these objectives, many view environmental justice as merely an attempt to provide equitable distribution of environmental burdens and benefits. This characterization fails to recognize that... |
2011 |
Yes |
| Rose Francis, Laurel Firestone |
IMPLEMENTING THE HUMAN RIGHT TO WATER IN CALIFORNIA'S CENTRAL VALLEY: BUILDING A DEMOCRATIC VOICE THROUGH COMMUNITY ENGAGEMENT IN WATER POLICY DECISION MAKING |
47 Willamette Law Review 495 (Spring 2011) |
THE RELATIONSHIP BETWEEN ENVIRONMENTAL JUSTICE AND HUMAN RIGHTS Consider this: even one of the wealthiest states in the wealthiest nation on the planet has not fully implemented the human right to water. This state is California, a place which holds a special position in our collective consciousness as the land of milk and honey, producing... |
2011 |
Yes |
| Elena Bryant |
INNOVATION OR DEGRADATION?: AN ANALYSIS OF HAWAI'I'S CULTURAL IMPACT ASSESSMENT PROCESS AS A VEHICLE OF ENVIRONMENTAL JUSTICE FOR KNAKA MAOLI |
13 Asian-Pacific Law and Policy Journal 230 (2011) |
Introduction. 231 I. Providing a Framework: Environmental Justice for Knaka Maoli Communities. 235 A. Incorporating Environmental Justice into Hawai'i's EIS Process: Racializing Environmental Justice. 236 B. Defining the Injustice. 238 C. The Enactment of Natural and Cultural Resource Protections as a Mechanism for Restorative Justice for Knaka... |
2011 |
Yes |
| Carmela E. Orsini |
ON OUR TERMS: USING ENVIRONMENTAL JUSTICE TO FORMULATE A PEACE AGREEMENT TO END THE TRI-STATE WATER WARS |
5 Southern Region Black Law Students Association Law Journal 1 (Spring, 2011) |
W.E.B. Du Bois claimed that the dominant theme of the twentieth century was race. In the twenty-first century, the scarcity of environmental natural resources has taken over as the dominant theme. One resource seems to be at the heart of many environmental law discussions: water. It covers roughly 71% of our planet. Many people across the planet... |
2011 |
Yes |
| H. Spencer Banzhaf |
REGULATORY IMPACT ANALYSES OF ENVIRONMENTAL JUSTICE EFFECTS |
27 Journal of Land Use & Environmental Law 1 (Fall, 2011) |
I. Introduction. 1 II. Environmental Justice Objectives and Regulatory Actions. 5 III. Diffusing the Situation. 10 IV. Distribution of What?. 16 A. General Considerations. 16 B. Cost-side Considerations. 17 C. Indirect Costs. 17 D. Inter-group Heterogeneity in Values. 20 E. Nonuse Values. 24 V. Incorporating Distributional Effects. 25 VI.... |
2011 |
Yes |
| Robert H. Cutting , Lawrence B. Cahoon , Jefferson F. Flood , Laura Horton , Michael Schramm |
SPILL THE BEANS: GOODGUIDE, WALMART AND EPA USE INFORMATION AS EFFICIENT, MARKET-BASED ENVIRONMENTAL REGULATION |
24 Tulane Environmental Law Journal 291 (Summer 2011) |
I. Introduction. 292 II. Background: Consumer as King. 298 III. Are We There Yet?. 300 IV. Sticks and Stones . . . So Why Use Words?. 305 A. Information as a Market-Based Tool. 305 B. Consumers, Investors, Regulators, and Competitors All Benefit. 307 1. Green Investing: Investors Seeking a Responsible Company That Will Avoid Huge Liabilities (from... |
2011 |
Yes |
| Bonnie A. Malloy |
TESTING COOPERATIVE FEDERALISM: WATER QUALITY STANDARDS UNDER THE CLEAN WATER ACT |
6 Environmental & Energy Law & Policy Journal 63 (Spring 2011) |
Introduction. 64 I. The Clean Water Act. 68 A. The History Behind Water Quality Standards. 69 B. The Operation of Water Quality Standards. 72 C. Cooperative Federalism. 74 D. The Judiciary's Limitations. 76 1. States retained jurisdiction over land-use and water allocation. 76 2. States can condition federal permits under the CWA. 77 II.... |
2011 |
Yes |
| Emily Sangi |
THE GAP-FILLING ROLE OF NUISANCE IN INTERSTATE AIR POLLUTION |
38 Ecology Law Quarterly 479 (2011) |
Air pollutants from coal-fired power plants frequently cross state borders, which can impact a receiving state's ability to meet and maintain the National Ambient Air Quality Standards (NAAQS) mandated by the Clean Air Act (CAA). North Carolina asserted that such interstate air pollution was responsible for its nonattainment of certain NAAQS. After... |
2011 |
Yes |
| Jeremy Sarkin and Amelia Cook |
THE HUMAN RIGHTS OF THE SAN (BUSHMEN) OF BOTSWANA--THE CLASH OF THE RIGHTS OF IndigenOUS COMMUNITIES AND THEIR ACCESS TO WATER WITH THE RIGHTS OF THE STATE TO ENVIRONMENTAL CONSERVATION AND MINERAL RESOURCE EXPLOITATION |
20 Journal of Transnational Law & Policy 1 (2010-2011) |
Introduction. 1 I. Historical Relations and Land Use Patterns between the San and the Tswana. 6 II. The Central Kalahari Game Reserve Issue. 12 III. The Legal System in Botswana. 20 IV. The High Court Case: Sesana v. Attorney General. 23 V. Government Compliance with the Court's decision. 27 VI. The San's Options Moving Forward. 29 Conclusion. 31... |
2011 |
Yes |
| William F. Cloran |
THE OWNERSHIP OF WATER IN OREGON: PUBLIC PROPERTY VS. PRIVATE COMMODITY |
47 Willamette Law Review 627 (Summer 2011) |
This article concerns the ownership of water as opposed to the right to appropriate. A right to appropriate water under state law may or may not result in actual capture of water. The ownership of water prior to appropriation and the rights and duties of the owner prior to appropriation have a profound influence on the amount of water available for... |
2011 |
Yes |
| Armen H. Merjian |
WASHINGTON PARK LEAD COMMITTEE, INC. V. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: HELEN PERSON AND THE LANDMARK STRUGGLE AGAINST ENVIRONMENTAL INJUSTICE |
30 Chicana/o-Latina/o Law Review 65 (2011) |
When it comes to enforcing the rights of poor people and people of color in the United States, government officials often look the other way. Too often they must be prodded to enforce environmental and civil rights laws and regulations without regard to race, color, national origin, and socioeconomic background. Laws, regulations, and executive... |
2011 |
Yes |
| Rebecca H. Hiers |
WATER: A HUMAN RIGHT OR A HUMAN RESPONSIBILITY? |
47 Willamette Law Review 467 (Spring 2011) |
In July 2010, the United Nations General Assembly declared that access to clean water and sanitation is a basic human right. This declaration, though, does not expressly address the issue of ecosystem protection. So, should the Human Right to Water include protection of water quality, essential ecosystem functions, and biodiversity? An... |
2011 |
Yes |
| Neil H. Buchanan |
WHAT KIND OF ENVIRONMENT DO WE OWE FUTURE GENERATIONS? |
15 Lewis & Clark Law Review 339 (Summer 2011) |
Despite widely held beliefs that current generations bear heavy obligations to look out for the welfare of future generations, the philosophical case in support of such intergenerational obligations is surprisingly tentative. Moreover, quantifying any such obligations is subject to even greater uncertainty. Even so, current generations bring future... |
2011 |
Yes |
| Carlton Waterhouse |
ABANDON ALL HOPE YE THAT ENTER? EQUAL PROTECTION, TITLE VI, AND THE DIVINE COMEDY OF ENVIRONMENTAL JUSTICE |
20 Fordham Environmental Law Review 51 (Spring, 2009) |
Midway through life's journey and a few years hence, it came to me to inquire of the state of those I had encountered sometime before in the wood of error before I had sought to ascend to the mount of joy. At that time, I traveled the wood in the hope of aiding those attacked by the offspring of two great beasts. In days past, three beasts ruled... |
2009 |
Yes |
| Craig M. Greczyn |
DIFFERENT ETHICS, DIFFERENT RESULTS: HOW ETHICAL FRAMEWORKS SHAPE ENVIRONMENTAL JUSTICE CONCERNS |
34 Journal of the Legal Profession 227 (2009) |
The vast number and variety of situations raising concerns about environmental justice may surprise those unstudied on the topic. For example, the greater tendency of minority communities to be located close to hazardous landfills, compared to the overall population's lower tendency towards close proximity, raises environmental justice concerns.... |
2009 |
Yes |
| Luke W. Cole |
ENVIRONMENTAL JUSTICE AND ENTREPRENEURSHIP: PITFALLS FOR THE UNWARY |
31 Western New England Law Review 601 (2009) |
For entrepreneurs seeking to redevelop formerly used industrial sites--often called brownfields --knowledge of environmental justice is critical. Because of structural racism in the United States economy and real estate markets, unwary entrepreneurs may unwittingly take action that causes or perpetuates environmental discrimination. Avoiding this... |
2009 |
Yes |
| Sheila R. Foster |
ENVIRONMENTAL JUSTICE AND THE CONSTITUTION |
39 Environmental Law Reporter News & Analysis 10347 (May, 2009) |
In a recent essay, David Coursen asks an important and unexamined question: Are environmental justice policies, which seek to avoid disproportionate environmental burdens on minority and poor communities, on a collision course with the Equal Protection Clause? In concluding that a potential collision is more illusory than real, Coursen offers a... |
2009 |
Yes |
| David F. Coursen |
EQUAL PROTECTION, STRICT SCRUTINY, AND ACTIONS TO PROMOTE ENVIRONMENTAL JUSTICE |
39 Environmental Law Reporter News & Analysis 10201 (March, 2009) |
It once might have seemed that the federal policy of promoting environmental justice was on a collision course with limitations the Equal Protection Clause imposes on federal actions to benefit minorities. In February 1994, Executive Order (EO) 12868 directed federal agencies to take special steps to ensure environmental protection for low-income... |
2009 |
Yes |
| Shijuade Kadree |
IT'S GETTING HARDER TO BREATHE: ADDRESSING THE DISPROPORTIONATE IMPACT OF ASTHMA AMONG MINORITY CHILDREN THROUGH ENVIRONMENTAL JUSTICE LITIGATION |
3 Southern Regional Black Law Students Association Law Journal 38 (Spring, 2009) |
Human health and the environment are matrices upon which societies can be built or broken. Social justice advocates have grappled for decades with the best approach to redress the blatant harms that rest at the intersection of these areas, particularly those that affect minority, and often low-income communities. For example, asthma is one of the... |
2009 |
Yes |
| Annise Katherine Maguire |
PERMITTING UNDER THE CLEAN AIR ACT: HOW CURRENT STANDARDS IMPOSE OBSTACLES TO ACHIEVING ENVIRONMENTAL JUSTICE |
14 Michigan Journal of Race and Law 255 (Spring 2009) |
Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an... |
2009 |
Yes |
| Helen H. Kang |
PURSUING ENVIRONMENTAL JUSTICE: OBSTACLES AND OPPORTUNITIES--LESSONS FROM THE FIELD |
31 Washington University Journal of Law and Policy 121 (2009) |
When I was invited to participate in the Access to Equal Justice: Critical Perspectives on Court and Law Reform Colloquium, our panel was slated to discuss Pursuing Environmental justice: Obstacles and Opportunities. Before our panel convened, Professor Jane Spinak delivered the keynote address for the colloquium. I attended Professor Spinak's... |
2009 |
Yes |
| Mandy Garrells |
RAISING ENVIRONMENTAL JUSTICE CLAIMS THROUGH THE LAW OF PUBLIC NUISANCE |
20 Villanova Environmental Law Journal 163 (2009) |
The environmental justice movement is rooted upon the premise that an unfair share of society's environmental problems disproportionally burden poor minority communities. The burden borne by minority communities as a result of environmentally unjust socio-economic policies has led to disparate and adverse impacts to the health, safety and quality... |
2009 |
Yes |
| Christine M. Foot |
SCRUTINIZING STRICT SCRUTINY: ENVIRONMENTAL JUSTICE AFTER ADARAND CONSTRUCTORS, INC. V. PENA |
11 Berkeley Journal of African-American Law & Policy 123 (2009) |
Environmental justice is achieved when no subset of the population bears a disproportionate share of the environmental burden. Unfortunately, studies repeatedly show that low-income and minority communities bear an elevated share of environmental contamination and its negative health effects. While many have emphasized litigation strategies for... |
2009 |
Yes |
| Nannette Jolivette Brown |
THE MANY FACES OF ENVIRONMENTAL JUSTICE: WHICH ONE SPEAKS THE TRUTH? |
56 Louisiana Bar Journal 420 (April/May, 2009) |
The environmental movement and the environmental justice movement are distinct but sometimes overlapping struggles. The environmental justice movement is founded in the intersection of the civil rights movement and the environmental movement. While civil rights activists were struggling for basic human rights, environmentalists were working to... |
2009 |
Yes |
| Kristina G. Fisher |
THE RHINO IN THE COLONIA: HOW COLONIAS DEVELOPMENT COUNCIL V. RHINO ENVIRONMENTAL SERVICES, INC. SET A SUBSTANTIVE STATE STANDARD FOR ENVIRONMENTAL JUSTICE |
39 Environmental Law 397 (Spring 2009) |
In 2005, the New Mexico Supreme Court issued a groundbreaking decision in Colonias Development Council v. Rhino Environmental Services, Inc., (Rhino) holding that the New Mexico Environment Department had to consider environmental justice factors--such as the socioeconomic status of the population, the cumulative environmental impacts borne by the... |
2009 |
Yes |
| Amanda K. Franzen |
THE TIME IS NOW FOR ENVIRONMENTAL JUSTICE: CONGRESS MUST TAKE ACTION BY CODIFYING EXECUTIVE ORDER 12898 |
17 Penn State Environmental Law Review 379 (Spring 2009) |
Sheila Holt-Orsted grew up in the historically black Eno Road community in Dickson, Tennessee. In 2003, she was diagnosed with breast cancer, diabetes, arthritis, and gastrointestinal disorder. Her father, Harry Holt, died in January of 2007 after suffering from prostate and bone cancer, type one diabetes, hypertension, and kidney disease. Other... |
2009 |
Yes |
| Jeremy Linden |
AT THE BUS DEPOT: CAN ADMINISTRATIVE COMPLAINTS HELP STALLED ENVIRONMENTAL JUSTICE PLAINTIFFS? |
16 New York University Environmental Law Journal 170 (2008) |
Introduction. 171 I. The Environmental justice Movement and the Law. 175 A. Beginnings of the EJM. 175 1. Fighting Market and Political Process Failures. 176 2. A Two-Pronged Attack. 178 B. The Litigation Landscape. 180 1. Constitutional Claims. 180 2. Early Use of Title VI of the Civil Rights Act of 1964. 182 a. Implied Right of Action. 183 3.... |
2008 |
Yes |
| Avi Brisman |
CRIME-ENVIRONMENT RELATIONSHIPS AND ENVIRONMENTAL JUSTICE |
6 Seattle Journal for Social Justice 727 (Spring/Summer, 2008) |
As a concept, environmental justice has always eluded specific or restrictive definition. It has been commonly understood as the pursuit of equal justice and equal protection under the law for all environmental statutes and regulations without discrimination based on race, ethnicity, and/or socioeconomic status or as the fair treatment and... |
2008 |
Yes |
| Robert D. Bullard , Beverly Wright |
DISASTROUS RESPONSE TO NATURAL AND MAN-MADE DISASTERS: AN ENVIRONMENTAL JUSTICE ANALYSIS TWENTY-FIVE YEARS AFTER WARREN COUNTY |
26 UCLA Journal of Environmental Law & Policy 217 (2008) |
I. introduction. 218 II. studies in failure: federal and state responses to environmental emergencies. 221 A. Government Response to the PCB Threat in Warren County. 221 1. Hunt's Dump . 221 2. Why Warren County?. 223 3. The Warren County Siting Decision: A Symptom of a Larger Disease. 224 B. The Dumping Grounds in a Tennessee Town. 226 1. Why... |
2008 |
Yes |
| Dora Acherman |
DISCRIMINATION BY ANY OTHER NAME: ALTERNATIVES TO PROVING DELIBERATE INTENT IN ENVIRONMENTAL RACISM CASES |
4 FIU Law Review 255 (Fall, 2008) |
I. Introduction. 256 II. Environmental justice Claims Based on Civil Rights Legislation. 257 A. The Intent Requirement in Equal Protection and Title VI. 258 B. Claims of Disparate Impact Under Section 602 of Title VI. 261 C. The Future of Environmental Claims under Civil Rights Legislation. 264 III. Alternative Litigation Approaches to Civil Rights... |
2008 |
Yes |
| Alice Kaswan |
ENVIRONMENTAL JUSTICE AND DOMESTIC CLIMATE CHANGE POLICY |
38 Environmental Law Reporter News & Analysis 10287 (May, 2008) |
Editors' Summary: Legislators and regulators should incorporate environmental justice concerns and opportunities into climate change policies. In this Article, Prof. Alice Kaswan first addresses the environmental justice benefits and risks of cap-and-trade programs. The environmental benefits include enabling higher reduction goals, imposing... |
2008 |
Yes |