| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
| Richard J. Lazarus , Libby Dimenstein |
STEWART'S PARADOXES OF LIBERTY, INTEGRITY, AND FRATERNITY: SOBERING LESSONS FROM COVID-19 FOR ENVIRONMENTAL LAW |
29 New York University Environmental Law Journal 543 (2021) |
Introduction. 543 I. Economic Collapse Is Disastrous for Environmental Protection. 547 II. Strong, Aggressive National Leadership Is Necessary for Environmental Protection. 553 III. Environmental Justice Is Necessary for Environmental Protection. 561 Conclusion. 566 |
2021 |
Yes |
| Emily Bergeron |
THE ENVIRONMENT IN THE NEXT FOUR YEARS |
46 Human Rights 22 (2021) |
In the next four years, we must not only bring back eliminated rules, but enact better laws; create a more concrete climate response; enact more specific environmental justice legislation; and consider the broader implications of environmental law on indigenous populations. In 1995, after a 70-year absence, biologists reintroduced wolves into... |
2021 |
Yes |
| Christina Giordanella |
THE RECENT FEDERAL WITHDRAWAL OF LIMITATIONS ON SUPPLEMENTAL ENVIRONMENTAL PROJECTS AND IMPORTANCE TO ENVIRONMENTAL JUSTICE INITIATIVES |
27 Cardozo Journal of Equal Rights & Social Justice 323 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 324 II. Background. 326 A. Supplemental Environmental Projects. 326 1. Case Studies. 328 B. Environmental Justice. 332 III. Arguments Against the Use of SEPs. 336 A. 2018 Memo. 336 B. The 2019 Memo's Limitation on SEPs. 338 IV. Legal Support for the Department of Justice and the Environmental Protection... |
2021 |
Yes |
| Lindsay Heck |
WHEN ENVIRONMENTAL RACISM, A PUBLIC HEALTH CRISIS, AND AN EDUCATIONAL EMERGENCY COLLIDE |
46 Human Rights 18 (2021) |
Flint, Michigan, is ground zero for the four major crises that have afflicted the nation over the past year. In Flint, a catastrophic public health crisis collided with an economic downturn, systemic racism, and a burgeoning environmental crisis years before the COVID-19 pandemic unleashed, or exacerbated, such forces on a nationwide scale. In... |
2021 |
Yes |
| Lia Cattaneo |
WRINKLING CITIZEN SUITS: CALIFORNIA v. EPA (9TH CIR. 2020) AND CLEAN AIR ACT UNDERENFORCEMENT |
45 Harvard Environmental Law Review 503 (2021) |
C1-2Table of Contents Introduction I. The Clean Air Act's Citizen Suit Provision. 505 II. California v. EPA. 509 A. Regulation of Landfill Emissions. 509 B. The Citizen Suit in District Court. 511 C. Ninth Circuit's Rule 60(b) Holding. 512 III. The Consequence of Limiting Equitable Discretion. 513 A. The Real-World and Environmental Justice Impacts... |
2021 |
Yes |
| Jeff Todd |
A "SENSE OF EQUITY" IN ENVIRONMENTAL JUSTICE LITIGATION |
44 Harvard Environmental Law Review 169 (2020) |
C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:... |
2020 |
Yes |
| Jeff Todd |
A FIGHTING STANCE IN ENVIRONMENTAL JUSTICE LITIGATION |
50 Environmental Law 557 (Summer, 2020) |
The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants... |
2020 |
Yes |
| Charles Lee |
A GAME CHANGER IN THE MAKING? LESSONS FROM STATES ADVANCING ENVIRONMENTAL JUSTICE THROUGH MAPPING AND CUMULATIVE IMPACT STRATEGIES |
50 Environmental Law Reporter (ELI) 10203 (March, 2020) |
This Article focuses on lessons learned from state practice in environmental justice (EJ) mapping and screening, and their relationship to the central issue of cumulative impacts--the reality that EJ communities typically suffer from a concentration of pollution sources and negative land uses as well as health and social vulnerabilities. These... |
2020 |
Yes |
| Kayla Race |
A PERFECT STORM: ENVIRONMENTAL JUSTICE AND AIR QUALITY IMPACTS OF OFFSHORE OIL AND GAS DEVELOPMENT IN THE ARCTIC OUTER CONTINENTAL SHELF |
38 UCLA Journal of Environmental Law & Policy 105 (2020) |
The Arctic Outer Continental Shelf is the next great legal battleground over oil and gas resources, environmental protection, and environmental justice. The Arctic is home to an array of sensitive ecological resources and a large Native Alaskan population that relies heavily on the natural environment for food and supplies. The Arctic Ocean also... |
2020 |
Yes |
| Jayesh Patel , Steph Tai |
A SCAFFOLDING APPROACH TO ENVIRONMENTAL JUSTICE |
97 University of Detroit Mercy Law Review 471 (Spring, 2020) |
471 Introduction. 472 I. The Scaffolding Approach in Community-Based Organizing. 473 A. Creation of Opportunities for Storytelling and Engagement in the Political Process. 475 B. Focus on Visible Rallying and Polarizing Points For Movements. 476 C. Use of Structures and Deadlines for Galvanizing Nascent Campaigns Post-Litigation. 477 II.... |
2020 |
Yes |
| Russell Armstrong |
A SILVER BULLET: COULD DATA LINKING URBAN HEAT ISLANDS TO HOUSING DISCRIMINation CURTAIL ENVIRONMENTAL RACISM? |
20 Sustainable Development Law & Policy 22 (Spring, 2020) |
[A]ll things share the same breath--the beast, the tree, the man . the air shares its spirit with all the life it supports. Google Chief Seattle and you will likely find that quote. We now know it is a work of fiction after several misinterpretations and fabrications of Dr. Henry Smith's original translation. We also know now that all people,... |
2020 |
Yes |
| Wyatt G. Sassman |
CRITICAL QUESTIONS IN ENVIRONMENTAL LAW |
97 University of Detroit Mercy Law Review 487 (Spring, 2020) |
I. Introduction. 487 II. Critical Questions in Environmental Law. 491 A. Shaky Foundations. 491 B. Environmental Justice. 493 C. Climate Change. 497 III. Critical Movements and Law's Role. 501 A. CLS's Influences. 501 B. Law and Reform After CLS. 503 IV. Lessons for Environmental Law. 505 V. Conclusion. 507 |
2020 |
Yes |
| Barry Yeoman |
ENVIRONMENTAL JUSTICE AND THE DISPARATE IMPACT OF NORTH CAROLINA INDUSTRIAL-SCALE HOG FARMING ON MINORITY COMMUNITIES (ADAPTED TRANSCRIPTION) |
14 University of St. Thomas Journal of Law & Public Policy 82 (December, 2020) |
Charles Reid reached out to me after I wrote a series of articles about the impact of industrial-scale hog farming in North Carolina. He felt it was important to look at rural environmental-justice struggles, partly as a reminder that poverty is not simply an urban issue. To appreciate what is happening right now in rural Eastern North Carolina, I... |
2020 |
Yes |
| Charles Isaacs |
ENVIRONMENTAL JUSTICE IN LITTLE VILLAGE: A CASE FOR REFORMING CHICAGO'S ZONING LAW |
15 Northwestern Journal of Law & Social Policy 357 (Spring, 2020) |
Chicago's Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village's Crawford coal-burning power plant... |
2020 |
Yes |
| Eli Woods |
ENVIRONMENTAL RACISM IN THE AGE OF COVID-19 |
26 Public Interest Law Reporter 94 (Fall, 2020) |
As the COVID-19 pandemic has swept the world leaving millions infected, hundreds of thousands dead, and most economies in tatters, a question that has gone largely unanswered is whether toxic air pollution has been a culprit in helping spread the virus. What effects, if any, have high levels of toxic air pollution in communities of color had on the... |
2020 |
Yes |
| Elena D. Gartner |
FROM CIVIL RIGHTS TO HUMAN RIGHTS: THE PANDEMIC'S AFTERMATH REQUIRES ENVIRONMENTAL AND REPRODUCTIVE JUSTICE MECHANISMS TO REINFORCE GLOBAL PUBLIC HEALTH |
24 Human Rights Brief 42 (Summer, 2020) |
C1-2Table of Contents Introduction. 43 I. There Are Shared Strategic Interests Between Environmental and Reproductive Justice Movements.. 44 II. The Reproductive and Environmental Justice Movements Breathe Life into International Environmental Legal Efforts.. 46 III. Tackling Global Health, Environmental, and Reproductive Injustice Is Possible... |
2020 |
Yes |
| Diana Stanley |
HATCHING A PLAN FOR LOCAL COMMUNITIES: ENVIRONMENTAL JUSTICE IN POULTRY SITING DECISIONS |
10 Washington Journal of Environmental Law & Policy 32 (June, 2020) |
One of the implementation problems for environmental justice is reconciling the need to protect public health with the economic realities of struggling communities. This article explores that tension through the lens of siting decisions for large scale poultry operations in rural communities. Poultry siting decisions have major economic and... |
2020 |
Yes |
| Lauren E. Bartlett |
HUMAN RIGHTS GUIDANCE FOR ENVIRONMENTAL JUSTICE ATTORNEYS |
97 University of Detroit Mercy Law Review 373 (Spring, 2020) |
I. Introduction. 374 II. Historical Context. 378 i. Environmental Justice Movement. 379 ii. Movement for Environmental Human Rights. 386 III. Environmental Human Rights Law: An Overview. 392 i. Treaties. 394 ii. Customary International Law. 397 iii. Constitutions and Statutes. 399 iv. Case Law. 404 1. Inter-American Human Rights System. 405 2.... |
2020 |
Yes |
| Zora Djenohan |
MAKING WAY FOR UNJUST ENRICHMENT IN ENVIRONMENTAL JUSTICE LITIGATION |
67 Loyola Law Review 223 (Fall, 2020) |
C1-2TABLE OF CONTENTS INTRODUCTION. 223 I. ENVIRONMENTAL JUSTICE: NATIONAL AND LOCAL IMPLICATIONS. 225 II. THE LEGAL THEORY OF UNJUST ENRICHMENT. 234 A. Historical Roots of Unjust Enrichment. 234 B. Unjust Enrichment in the Environmental Litigation Context. 237 III. MAKING A PATH FOR THE POLLUTION EASEMENT: UNJUST ENRICHMENT IN LOUISIANA. 240... |
2020 |
Yes |
| Joshua Ozymy , Melissa L. Jarrell |
OF SEX CRIMES AND FENCELINES: HOW RECOGNITION OF ENVIRONMENTAL JUSTICE COMMUNITIES AS CRIME VICTIMS UNDER STATE AND FEDERAL LAW CAN HELP SECURE ENVIRONMENTAL JUSTICE |
38 Pace Environmental Law Review 109 (Fall, 2020) |
Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has... |
2020 |
Yes |