AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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
Luke W. Cole ENVIRONMENTAL JUSTICE AND THE THREE GREAT MYTHS OF WHITE AMERICANA 14 Hastings West-Northwest Journal of Environmental Law, Policy 573 (Winter 2008) In the environmental justice movement we face many hurdles, some of our own making. In this essay, I want to focus on some of those hurdles, which I call the three great myths of white Americana, and how they play out in the environmental justice context. All of us who are advocates for environmental justice will encounter these myths in one form... 2008 Yes
Robert W. Collin ENVIRONMENTAL JUSTICE IN OREGON: IT'S THE LAW 38 Environmental Law 413 (Spring 2008) As states have grappled with new policy approaches and processes to begin resolution of environmental injustices, the issues, approaches, and observations from the first of state level environmental justice task forces and commissions can inform all stakeholders of their efficacy. These new Environmental justice processes may also develop... 2008 Yes
Catherine A. O'Neill ENVIRONMENTAL JUSTICE IN THE TRIBAL CONTEXT: A MADNESS TO EPA'S METHOD 38 Environmental Law 495 (Spring 2008) Many American Indian tribes and their members are among those most burdened by mercury contamination. When the Environmental Protection Agency (EPA) set out to regulate mercury emissions from coal-fired utilities, it was aware that mercury contamination and regulation affects tribal rights and resources. EPA's inquiry, therefore ought to have been... 2008 Yes
Marguerite L. Spencer ENVIRONMENTAL RACISM AND BLACK THEOLOGY: JAMES H. CONE INSTRUCTS US ON WHITENESS 5 University of Saint Thomas Law Journal 288 (Winter 2008) I. Introduction. 288 II. Context. 290 A. Environmental racism. 290 B. The Environmental justice Movement. 293 C. Governmental Responses. 295 III. James H. Cone and Whiteness. 297 A. Black Theology. 297 B. White Theology. 299 C. The White Problem. 301 D. White American Structures. 302 IV. Toward an Ecological Ethic of True Reconciliation. 303 A.... 2008 Yes
Daria E. Neal HEALTHY SCHOOLS: A MAJOR FRONT IN THE FIGHT FOR ENVIRONMENTAL JUSTICE 38 Environmental Law 473 (Spring 2008) Systemic housing discrimination has resulted in the creation of predominately African American communities located in the most environmentally toxic locations. Many African American communities are in areas zoned for mixed residential/industrial/commercial use, while predominately white communities tend to be zoned strictly for residential use. The... 2008 Yes
Lisa Widawsky IN MY BACKYARD: HOW ENABLING HAZARDOUS WASTE TRADE TO DEVELOPING NATIONS CAN IMPROVE THE BASEL CONVENTION'S ABILITY TO ACHIEVE ENVIRONMENTAL JUSTICE 38 Environmental Law 577 (Spring 2008) The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) was adopted in 1989 in part to respond to growing international concern over the disproportionate environmental burdens borne by developing nations from trade in hazardous wastes. Espousing a system in which transboundary... 2008 Yes
Oni N. Harton INDIANA'S BROWNFIELDS INITIATIVES: A VEHICLE FOR PURSUING ENVIRONMENTAL JUSTICE OR JUST BLOWING SMOKE? 41 Indiana Law Review 215 (2008) Dilapidated warehouses, unused gas stations, inactive factories, and other abandoned commercial and industrial properties litter the landscape in many older industrial regions throughout the United States. These sites drive down property values and contribute to community blight, while generating little or no tax revenue. Consider one such... 2008 Yes
Maxine Burkett JUST SOLUTIONS TO CLIMATE CHANGE: A CLIMATE JUSTICE PROPOSAL FOR A DOMESTIC CLEAN DEVELOPMENT MECHANISM 56 Buffalo Law Review 169 (April, 2008) Introduction. 170 I. Climate Change, Race, and Class. 173 A. Climate Change--Science and Impacts. 173 B. Environmental justice Communities and Climate Change. 176 II. The Climate Justice Framework. 188 A. The Environmental justice Framework. 189 B. Climate Justice, Climate Change Ethics, and the United States. 192 III. The Case for a Modified CDM.... 2008 Yes
Robert R.M. Verchick KATRINA, FEMINISM, AND ENVIRONMENTAL JUSTICE 13 Cardozo Journal of Law & Gender 791 (Spring 2008) Almost three years after Katrina and the flooding of New Orleans, we are still struggling to assess the damage. There are so many ways to conceptualize the disaster; but all fall short. In terms of demand on the U.S. treasury, recovery from the storm and flood may cost an eye-popping $200 billion, making Katrina far-and-away the most expensive... 2008 Yes
Richard T. Drury MOVING A MOUNTAIN: THE STRUGGLE FOR ENVIRONMENTAL JUSTICE IN SOUTHEAST LOS ANGELES 38 Environmental Law Reporter News & Analysis 10338 (May, 2008) Editors' Summary: Environmental protection frequently requires creative legal strategies, and operating solely through the court system is not always the most effective means for protecting the environment and public health. In this Article, Richard T. Drury offers a case study of a public nuisance suit against a concrete-crushing facility in... 2008 Yes
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