| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Samuel Yang |
WHAT'S FERC GOT TO DO WITH IT? PROMOTING ENVIRONMENTAL JUSTICE IN THE PIPELINE PERMITTING PROCESS |
60 Harvard Journal on Legislation 167 (Winter, 2023) |
I. Introduction. 167 II. Background. 168 A. Defining Environmental Justice. 168 B. Environmental Justice, FERC, and Pipelines. 172 III. Analyzing the Approaches. 176 A. Procedural Policies. 177 1. Background. 177 2. Case Study: The Sabal Trail Pipeline. 178 3. Lessons Learned. 180 B. Cost-Benefit Analysis. 182 1. Background. 182 2. Case Study:... |
2023 |
Yes |
| Amanda Robert |
A FRESH APPROACH |
108-SEP ABA Journal 65 (August/September, 2022) |
As Howard Kenison prepared to chair the ABA Section of Environment, Energy and Resources in August 2020, he put environmental justice at the top of his list of initiatives. In particular, Kenison planned to create a task force to review and possibly revise a 1993 resolution related to environmental justice. The measure, submitted by the Standing... |
2022 |
Yes |
| Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai |
ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE |
52 Environmental Law Reporter (ELI) 10111 (February, 2022) |
This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... |
2022 |
Yes |
| Lindsay M. Farbent |
ADDRESSING THE DISPROPORTIONATE ADVERSE HEALTH EFFECTS AMONG BIPOC COMMUNITIES AS A RESULT OF ENVIRONMENTAL RACISM |
12 Barry University Environmental and Earth Law Journal 100 (Summer, 2022) |
Around one in three (31%) of Black Americans, compared to only 9% of their white counterparts, reported personally knowing someone who has died from COVID-19. Black folks are thirty percent more likely to die prematurely from heart disease and twice as likely to die of a stroke as white folks. Black folks, Indigenous folks, and People of Color are... |
2022 |
Yes |
| Bryan Davidson |
ADVANCING ENVIRONMENTAL JUSTICE WITH THE LATEST TECHNOLOGY |
58-OCT Tennessee Bar Journal 18 (September/October, 2022) |
Genesee Township, like so many other majority-minority communities in Flint, Mich., is no stranger to the health risks associated with environmental pollution. After spending the better part of a decade dealing with the lingering effects of a lead-contamination crisis that placed Flint and its drinking water system at the forefront of a national... |
2022 |
Yes |
| Richard L. Revesz |
AIR POLLUTION AND ENVIRONMENTAL JUSTICE |
49 Ecology Law Quarterly 187 (2022) |
Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... |
2022 |
Yes |
| Preston C. Green III , Chelsea E. Connery |
BEWARE OF EDUCATIONAL BLACKMAIL: HOW CAN WE APPLY LESSONS FROM ENVIRONMENTAL JUSTICE TO URBAN CHARTER SCHOOL GROWTH? |
73 South Carolina Law Review 643 (Spring, 2022) |
This Article explains how environmental justice principles can be used in litigation and legislation to enable minority families in urban communities to benefit from charter schools while at the same time protecting against the dangers posed to their school systems and children. In Part II, we explain how environmental justice concepts are designed... |
2022 |
Yes |
| Lena Freij |
CENTERING ENVIRONMENTAL JUSTICE IN CALIFORNIA: ATTEMPTS AND OPPORTUNITIES IN CEQA |
28 Hastings Environmental Law Journal 75 (Winter, 2022) |
Environmental justice communities and advocates have used the California Environmental Quality Act (CEQA) as a necessary tool to incorporate their concerns into agency decision-making. However, environmental justice is neither mentioned in the statutory language of CEQA, nor was it intended as a fundamental purpose of CEQA as an environmental... |
2022 |
Yes |
| Emily C. Gribble , David N. Pellow |
CLIMATE CHANGE AND INCARCERATED POPULATIONS: CONFRONTING ENVIRONMENTAL AND CLIMATE INJUSTICES BEHIND BARS |
49 Fordham Urban Law Journal 341 (February, 2022) |
Introduction 341 I. Environmental Justice, Climate Justice, and Carceral Institutions 342 II. Flooding and Fossil Fuels 346 III. Increased Morbidity and Mortality Related to Extreme Temperatures 352 A. Texas's Wallace Pack Unit Prison 352 B. Maricopa County Jail 354 C. Perryville Prison 355 D. Louisiana State Penitentiary at Angola 356 IV.... |
2022 |
Yes |
| Cinnamon P. Carlarne |
CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW |
41 Stanford Environmental Law Journal 125 (May, 2022) |
I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... |
2022 |
Yes |
| Laura Grier, Delia Mayor, Brett Zeuner, Paul Mohai |
COMMUNITY INPUT ON STATE ENVIRONMENTAL JUSTICE SCREENING TOOLS |
52 Environmental Law Reporter (ELI) 10441 (June, 2022) |
A number of environmental justice screening tools and processes have been developed across the United States in an effort to identify communities experiencing environmental injustice. These tools combine environmental and demographic data sets, layer them over a map, and present the map in a web-based format. Users can typically zoom in on a... |
2022 |
Yes |
| Bridgett Cecilia McCoy |
CRITICAL INFRASTRUCTURE, ENVIRONMENTAL RACISM, AND PROTEST: A CASE STUDY IN CANCER ALLEY, LOUISIANA |
53 Columbia Human Rights Law Review 582 (Spring, 2022) |
The ability to assemble, protest, and air grievances in the public sphere of one's community is not only a cherished right but is also an essential safeguard of other rights. In the Black communities of Cancer Alley, a polluted industrial corridor in Southern Louisiana, the state's critical infrastructure law has rendered protest on or near the... |
2022 |
Yes |
| Mickaela J. Fouad |
DOWN AND DIRTY: REMEDIES AND REPARATIONS FOR INTERSECTED ENVIRONMENTAL AND REPRODUCTIVE JUSTICE |
87 Brooklyn Law Review 1423 (Summer, 2022) |
In 2016, Flint, Michigan's water crisis captured the nation's attention and prompted widespread conversations concerning environmental racism. In the fall of 2021, claims, including a class action suit, brought by city residents culminated in a historic $626 million award. But today, even after this settlement, many Flint residents still mistrust... |
2022 |
Yes |
| Daniel Bertram |
ENVIRONMENTAL JUSTICE "LIGHT"? TRANSNATIONAL TORT LITIGATION IN THE CORPORATE ANTHROPOCENE |
23 German Law Journal 738 (June, 2022) |
(Received 21 June 2021; accepted 06 August 2021) Corporations are notoriously powerful actors in the current configuration of our globalized economy. Their activities play a key role in shaping a new age of ecological precarity--the Anthropocene. Much of this environmental damage occurs in cross-border settings, hampering victims' access to legal... |
2022 |
Yes |
| Julia Dehm |
ENVIRONMENTAL JUSTICE CHALLENGES TO INTERNATIONAL ECONOMIC ORDERING |
116 AJIL Unbound 101 (2022) |
The relationship between trade, investment, and environmental protection is complex, and environmental activists have engaged with international economic law in a wide variety of ways. Some environmental activists have sought to use trade systems as leverage to advance environmental protections aims, while others have been concerned about how... |
2022 |
Yes |
| Lauren Godshall, Devin Lowell |
ENVIRONMENTAL JUSTICE IN JUDICIAL OPINIONS |
54 No. 2 ABA Trends 16 (November/December, 2022) |
The legal system finds itself at a crossroads: acknowledging the significance of environmental justice and the need to properly consider it in major decisions, but without sufficient legal mechanisms or remedies. While environmental justice is increasingly in the news, in presidential pronouncements and plans, and in pleadings, plaintiffs still... |
2022 |
Yes |
| Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
Yes |
| Anthony B. Cavender, Anne Idsal Austin |
ENVIRONMENTAL JUSTICE: THE EVOLUTION OF A NEW FEDERAL REGULATORY PROGRAM |
69-OCT Federal Lawyer 28 (September/October, 2022) |
*The views expressed herein are those of the authors. Environmental justice, as a policy priority of the federal government, dates back to 1994 and President Clinton's issuance of Executive Order (E.O.) 12898. This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and... |
2022 |
Yes |
| |
ENVIRONMENTAL LAW--RACE--FIFTH CIRCUIT JUDGES CAST DOUBT ON ENVIRONMENTAL JUSTICE SUITS.--ROLLERSON v. BRAZOS RIVER HARBOR NAVIGATION DISTRICT, 6 F.4TH 633 (5TH CIR. 2021) |
135 Harvard Law Review 1955 (May, 2022) |
The path toward an environmentally just society has been long and rocky. During his first week in office, President Joe Biden signed two executive orders codifying his Administration's commitment to environmental justice (EJ). The orders join a long line of executive and administrative actions designed to push the federal government and its... |
2022 |
Yes |
| Daniel Andrés Domínguez |
ENVIRONMENTAL RACISM ON TUCSON'S SOUTHSIDE: AN OVERVIEW OF THE TUCSON SUPERFUND SITE AND A CALL TO ADDRESS NEW CHEMICAL CONTAMINATION |
12 Arizona Journal of Environmental Law & Policy 239 (Spring, 2022) |
Since the 1970s, the term environmental racism has become more commonplace in the public sphere and is largely recognized when governments and private industry aim to develop or use land for their own interests at the expense of the health and safety of the communities that reside nearby. This is a positive development in the evolution of... |
2022 |
Yes |
| 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 |