AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Mfon Etukeren HYDROFRACKING AND ENVIRONMENTAL JUSTICE: A PROPOSAL TO LOWER THE THRESHOLD FOR EVIDENCE OF DISCRIMINATORY IMPACT IN TITLE VI COMPLAINTS 4 Seattle Journal of Environmental Law 51 (2014) L1-2Table of Contents I. Introduction. 52 II. How Hydrofracking Affects Environmental Justice Communities. 55 A. Environmental Hazards of the Hydrofracking Process. 55 B. The History of the Environmental Justice Movement. 60 C. EPA's Role in Addressing Hydrofracking in Environmental Justice Communities. 63 III. Utilizing Title VI to Address EJ... 2014 Yes
Richard Gutierrez INTERNationAL ENVIRONMENTAL JUSTICE ON HOLD: REVISITING THE BASEL BAN FROM A PHILIPPINE PERSPECTIVE 24 Duke Environmental Law and Policy Forum 399 (Spring, 2014) Nineteen years after the Basel Ban was adopted it still has not garnered the necessary ratifications to enter into force. This article aims to revisit the Basel Ban and understand it from the perspective of a developing country, particularly the Philippines, and draw out possible obstacles it faces in ratifying this instrument of international... 2014 Yes
Hayley Carpenter MICCOSUKEE V. UNITED STATES: THE CONTINUING UNWIELDINESS OF EQUAL PROTECTION IN ENVIRONMENTAL JUSTICE 41 Ecology Law Quarterly 597 (2014) On May 15, 2013 the Eleventh Circuit held in Miccosukee Tribe of Indians v. United States that the Army Corps of Engineers' alleged flooding of the plaintiff tribe's trust and lease lands was not a violation of equal protection, due process, or the relevant lease agreement and trustee deed. Rather than address the substance of the tribe's claims,... 2014 Yes
Anthony V. Alfieri PATERNALISTIC INTERVENTIONS IN CIVIL RIGHTS AND POVERTY LAW: A CASE STUDY OF ENVIRONMENTAL JUSTICE 112 Michigan Law Review 1157 (April, 2014) Against Autonomy: Justifying Coercive Paternalism. By Sarah Conly. New York: Cambridge University Press. 2013. Pp. viii, 194. Cloth, $95; paper, $32.99. Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and... 2014 Yes
Josephine M. Balzac PUBLIC ENGAGEMENT "REACH IN, REACH OUT": PURSUING ENVIRONMENTAL JUSTICE BY EMPOWERING COMMUNITIES TO MEANINGFULLY PARTICIPATE IN THE DECISION-MAKING PROCESSES OF BROWNFIELDS REDEVELOPMENT AND SUPERFUND CLEANUPS 9 Florida A & M University Law Review 347 (Spring, 2014) Introduction. 348 I. Environmental Justice Movement. 351 A. Environmental Justice and the Environmental Protection Agency. 352 B. National Environmental Justice Advisory Council. 352 II. CERCLA: Superfunds and Brownfields. 353 A. Superfund. 354 B. Brownfields. 355 III. Potential Adverse Consequences in Superfund Cleanups and Brownfields... 2014 Yes
Virginia C. Thomas , William W. LeFevre RESEARCHING ENVIRONMENTAL JUSTICE 93-SEP Michigan Bar Journal 56 (September, 2014) The U.S. Environmental Protection Agency 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, implementation, and enforcement of environmental laws, regulations, and policies. The concerns that arise in this complex... 2014 Yes
Tonya Lewis , Jessica Owley SYMBOLIC POLITICS FOR DISEMPOWERED COMMUNITIES: STATE ENVIRONMENTAL JUSTICE POLICIES 29 BYU Journal of Public Law 183 (2014) When Samara Swanston was growing up in the Corona and East Elmhurst neighborhoods of Queens, New York, she played in vacant lots and small wetlands containing turtles, frogs, salamanders, and tent caterpillar nests in the trees. Decades later, the vacant lots that once served as playgrounds for jovial children had come to serve as local dumps for... 2014 Yes
  TOXIC COMMUNITIES: ENVIRONMENTAL RACISM, INDUSTRIAL POLLUTION, AND RESIDENTIAL MOBILITY BY DORCETA E. TAYLOR (NEW YORK UNIVERSITY PRESS; 281 PAGES; 2014) 55 Natural Resources Journal 236 (Fall 2014) Most people today are familiar with the basic contours of the environmental justice argument: racial and ethnic minorities and the poor are subjected to greater environmental risks and harm than other population groups. In Toxic Communities: Environmental Racism, Industrial Pollution, and Residential Mobility, Dorceta E. Taylor offers a much deeper... 2014 Yes
Lea Lambert TRADING RIGHTS FOR GREENHOUSE GASES: THE DILEMMA OF CAP-AND-TRADE AND ENVIRONMENTAL JUSTICE 24 George Mason University Civil Rights Law Journal 205 (Spring 2014) On August 29, 2005, Hurricane Katrina ravaged the Gulf Coast and quickly proceeded towards the city of New Orleans where the storm would prove to be beyond devastating for many residents. Though the impact of the devastation in New Orleans can be partly attributed to a lack of disaster preparedness and absence of political transparency,... 2014 Yes
Alan Ramo U.S. MILITARY ACCOUNTABILITY FOR EXTRATERRITORIAL ENVIRONMENTAL IMPACTS: AN EXAMINation OF OKINAWA, ENVIRONMENTAL JUSTICE, AND JUDICIAL MILITARISM 28 Tulane Environmental Law Journal 53 (Winter 2014) Local resistance to the relocation of a U.S. military base to a bay threatening an endangered sea mammal off the coast of the island of Okinawa raises important issues regarding the extraterritoriality of U.S. environmental laws, the role of the courts in reviewing military operations, and ultimately environmental justice. These issues are being... 2014 Yes
Cameryn Rivera A FRESHER LAW: AMENDING THE FLORIDA RIGHT TO FARM ACT TO INCLUDE URBAN MICRO FARMING AS A KEY INITIATIVE TO PROMOTE SUSTAINABILITY, FOOD ACCESS, AND ENVIRONMENTAL JUSTICE FOR LOW-INCOME COMMUNITIES 8 Florida A & M University Law Review 385 (Spring, 2013) Introduction. 386 I. The History and Evolution of Urban Micro Farming: From Victory Gardens to Big City Farms. 388 II. Food Policy Concerns in Florida. 395 A. Tallahassee: Maintaining Sustainable Principles. 396 B. Jacksonville: The Necessity of Food Security. 397 C. Orlando: The Negative Impacts of Food Injustice. 401 III. The Florida Right To... 2013 Yes
Alice Kaswan ENVIRONMENTAL JUSTICE AND ENVIRONMENTAL LAW 24 Fordham Environmental Law Review 149 (2012-2013) Anniversary editions prompt grand thinking about the past and the future, topped off with grand titles; this Essay is no exception. I thank the editors of the Fordham Environmental Law Review for the chance to step back from the fray and consider what the environmental justice movement has accomplished and the contributions it can offer to the... 2013 Yes
Alan Ramo ENVIRONMENTAL JUSTICE AS AN ESSENTIAL TOOL IN ENVIRONMENTAL REVIEW STATUTES: A NEW LOOK AT FEDERAL POLICIES AND CIVIL RIGHTS PROTECTIONS AND CALIFORNIA'S RECENT INITIATIVES 19 Hastings West-Northwest Journal of Environmental Law, Policy 41 (Winter, 2013) I. Introduction II. Federal Environmental Justice Requirements A. The Roots of the Federal Environmental Justice Doctrine B. Federal Environmental Justice Law and NEPA C. Recent Federal Civil Rights Cases and Title VI's Viabiltiy III. California Environmental Justice Requirements IV. California Environmental Justice Requirements' Role in CEQA... 2013 Yes
Jonathan C. Augustine ENVIRONMENTAL JUSTICE IN THE DEEP SOUTH: A GOLDEN ANNIVERSARY REFLECTION ON STIMULUS AND CHANGE 47 University of San Francisco Law Review 399 (Winter 2013) THE YEAR 2013 MARKS THE FIFTHIETH ANNIVERSARY OF Letter From Birmingham Jail, which was written by the late Reverend Dr. Martin Luther King, Jr. (King). King wrote the famous letter after his Good Friday arrest in Birmingham, Alabama, protesting against what he often called the iron feet of oppression. In responding to fellow clergy who called... 2013 Yes
Alexandra Dapolito Dunn, Paula Schauwecker ENVIRONMENTAL JUSTICE REMAINS EPA, SEER FOCUS 27-WTR Natural Resources & Environment 52 (Winter, 2013) Although there is no single definition of Environmental Justice (EJ), today the U.S. Environmental Protection Agency (EPA) defines it as 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,... 2013 Yes
  EPA ISSUES NEW ENVIRONMENTAL JUSTICE GUIDANCE DOCUMENTS 23 No. 5 Air Pollution Consultant 1.6 (2013) 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, implementation, and enforcement of environmental laws, regulations, and polices. The term fair treatment means that . no group of people should bear a... 2013 Yes
Deborah Behles FROM DIRTY TO GREEN: INCREASING ENERGY EFFICIENCY AND RENEWABLE ENERGY IN ENVIRONMENTAL JUSTICE COMMUNITIES 58 Villanova Law Review 25 (2013) THE stifling summer heat that raged across the nation was difficult for everyone, but one group had a more difficult time than others--those who could not afford to cool their homes. Disparities like these will likely only get worse. Poor communities of color that are already vulnerable and disproportionately impacted by pollution will shoulder a... 2013 Yes
Haydn Davies , Birmingham City University, UK From Equal Protection to Private Law: What Future for Environmental Justice in U.S. Courts? 2 British Journal of American Legal Studies 163 (Spring, 2013) The American instinct to cast controversies into a legal forum has been an American characteristic at least since Alexis de Tocqueville observed in 1835, Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. This essay discusses the past and future of the environmental justice... 2013 Yes
Derrick Howard HYDRAULIC FRACTURING IN THE APPALACHIAN BASIN: INCORPORATING ENVIRONMENTAL JUSTICE TO REGULATE NATURAL RESOURCE EXPLORATION 7 Appalachian Natural Resources Law Journal 113 (2011-2013) 113 Introduction. 114 Mining's Impact on the Environment and Health of Appalachian Basin Residents. 122 The Benefits and Banes of Fracking in the Appalachian Basin. 126 Historic Constraints to Regulating Fracking. 138 A. Consistent Leadership Needed. 139 B. Increased Disclosure Needed. 142 C. Litigation Is Cumbersome and Increases a... 2013 Yes
Mike Ewall, Esq. LEGAL TOOLS FOR ENVIRONMENTAL EQUITY vs. ENVIRONMENTAL JUSTICE 13 Sustainable Development Law & Policy 4 (2012-2013) In 1982, when Benjamin Chavis coined the term environmental racism to describe the targeting of a black community in Warren County, North Carolina for a toxic waste dump, it brought together two powerful movements - the civil rights and environmental movements - into a growing force that would eventually reach the White House and the United... 2013 Yes
Patrice Lumumba Simms ON DIVERSITY AND PUBLIC POLICYMAKING: AN ENVIRONMENTAL JUSTICE PERSPECTIVE 13 Sustainable Development Law & Policy 14 (2012-2013) Over the course of the Twentieth Century, the environmental movement and the resulting adoption and implementation of increasingly protective environmental laws have literally changed America's social, political, and physical landscape. However, the character of our policymaking institutions - how they both perceive and fulfill their... 2013 Yes
Angie McCarthy ON FERTILE GROUND: THE ENVIRONMENTAL AND REPRODUCTIVE JUSTICE MOVEMENTS AS A UNIFIED FORCE FOR REFORMING TOXIC CHEMICAL REGULATION 13 Sustainable Development Law & Policy 20 (2012-2013) The Environmental Justice (EJ) and Reproductive Justice (RJ) movements share important common ground: They aim to improve socioeconomic conditions for those living in poverty, increase involvement of traditionally marginalized communities in policy decisions affecting them, and recognize the right of women to have healthy pregnancies and of... 2013 Yes
Charles Prior PERMITTING PROBLEMS: ENVIRONMENTAL JUSTICE AND THE MICCOSUKEE Indian TribE 3 Barry University Environmental and Earth Law Journal 163 (2013) The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990's. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and... 2013 Yes
Tony LoPresti REALIZING THE PROMISE OF ENVIRONMENTAL CIVIL RIGHTS: THE RENEWED EFFORT TO ENFORCE TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 65 Administrative Law Review 757 (Fall 2013) The environmental justice movement has long pursued a viable mechanism for federal enforcement of environmental civil rights. No legal tool has inspired such high hopes--and such deep disappointment--as Title VI of the Civil Rights Act of 1964. Without a private right of action to enforce Title VI, advocates have focused on filing administrative... 2013 Yes
E.A. Barry-Pheby THE GROWTH OF ENVIRONMENTAL JUSTICE AND ENVIRONMENTAL PROTECTION IN INTERNationAL LAW: IN THE CONTEXT OF REGULATION OF THE ARCTIC'S OFFSHORE OIL INDUSTRY 13 Sustainable Development Law & Policy 48 (2012-2013) The Arctic Ocean is surrounded by five coastal states (four of which are heavily industrialised). With its short food chain, and low temperatures, the Arctic Ocean is highly vulnerable to pollution. This marine environment is central to Arctic indigenous peoples existence: providing food, warmth, livelihood and cultural integrity. Yet the offshore... 2013 Yes
Steve Herbert, Brandon Derman, Tiffany Grobelski THE REGULATION OF ENVIRONMENTAL SPACE 9 Annual Review of Law and Social Science 227 (2013) environmental law, environmental justice, environmental regulation, scale, scope The need to regulate environmental problems is of ever-increasing urgency. Yet the complexity of environmental dynamics challenges any regulatory scheme. We use this essay to describe and assess some of these challenges. We deploy the terms scope and scale as analytic... 2013 Yes
Sara Imperiale, Wang Pian Pian WASTE INCINERATION, COMMUNITY PARTICIPATION, AND ENVIRONMENTAL JUSTICE: A COMPARATIVE STUDY OF CHINA AND THE UNITED STATES 14 Vermont Journal of Environmental Law 435 (Spring, 2013) Introduction. 436 I. The Waste Disposal Problem in China. 437 II. Defining Community Participation. 440 III. Participation through EIAs in China. 443 A. Relevant EIA Laws and Regulations. 443 B. Implementation Challenges. 445 C. Chinese Case Studies. 448 1. High Participation Capacity Community: Panyu, Guangzhou Province. 448 2. Low Participation... 2013 Yes
Gavin Kentch A CORPORATE CULTURE? THE ENVIRONMENTAL JUSTICE CHALLENGES OF THE ALASKA NATIVE CLAIMS SETTLEMENT ACT 81 Mississippi Law Journal 813 (2012) L1-2Introduction . R3813. I. Historical Background: ANCSA and the Creation of the Alaska Native Corporations. 814 II. Analysis. 819 A. Theory: An Imperfect Solution? Native Corporations and Procedural Justice. 819 1. Board of Directors Composition and Village Access to Decision Making. 820 2. Proxies and Afterborns. 822 3. Village Corporations vs.... 2012 Yes
M.W. Marinakos A MIGHTY WIND: THE TURBULENT TIMES OF AMERICA'S FIRST OFFSHORE WIND FARM AND THE INVERSE OF ENVIRONMENTAL JUSTICE 2 Barry University Environmental and Earth Law Journal 82 (Summer, 2012) In 2001, Cape Wind Associates announced its proposal to construct America's first offshore wind farm in the federal waters of Nantucket Sound. This declaration touched off a storm of law suits, fund raising, and protests in the press that still rages to this day. Political pundits and environmental groups of every stripe have taken some surprising... 2012 Yes
Antonius R. Hippolyte CALLS FOR NationAL INTERVENTION IN THE TOXIC WASTE TRADE WITH AFRICA: A CONTEMPORARY ISSUE IN THE ENVIRONMENTAL JUSTICE DEBATE 58 Loyola Law Review 301 (Summer 2012) [T]he greatest environmental injustices are between the developed and the developing world. There is injustice internationally which those of us who believe in a fairer distribution of power, wealth and opportunity cannot and will not accept. Environmentalists argue that calls for environmental justice have grown recently, while economists... 2012 Yes
Alec D. Van Ryan COMMUNITY ENGAGEMENT: ONE POINT OF VIEW ON THE EPA'S NEWLY REDEFINED ENVIRONMENTAL JUSTICE INITIATIVE & PATH FORWARD STRATEGIES FOR COUNSEL AND INDUSTRY 81 Mississippi Law Journal 691 (2012) Common sense is not so common. Voltaire This paper is both a departure and an arrival. A departure in that as I began my career as a journalist I tried to avoid dabbling in the first person . and yet I find that perhaps my account of the journey along the environmental justice pathway is best told from my point of view since there are other... 2012 Yes
Joseph Lam COUPLING ENVIRONMENTAL JUSTICE WITH CARBON TRADING 12 Sustainable Development Law & Policy 40 (Winter, 2012) Cap and trade has become the mechanism of choice for many American lawmakers seeking to address the global issue of climate change. The recent adoption of the California cap and trade system has further spurred present discussions on whether a domestic cap and trade system to regulate greenhouse gas (GHG) emissions would be most effective in... 2012 Yes
Nerissa-Anne D. Robinson DEFERRING ENVIRONMENTAL JUSTICE IN MISSISSIPPI: AGENCY DEFERENCE LEGACY IMPACTS SOUTHERN Black COMMUNITIES 6 Southern Region Black Law Students Association Law Journal 100 (Spring 2012) Case Note of the Year Some may wish they were in Dixie, but for residents of Hinds County, Mississippi, this is questionable. Their home has become a hot spot for garbage dumps. Unfortunately, the problem has worsened since Mississippi courts have sided with the permitting board and commission that allowed the opening of a new dump. In Hinds... 2012 Yes
James M. Van Nostrand ENERGY AND ENVIRONMENTAL JUSTICE: HOW STATES CAN INTEGRATE ENVIRONMENTAL JUSTICE INTO ENERGY-RELATED PROCEEDINGS 61 Catholic University Law Review 701 (Summer, 2012) I. Specific Energy-Related Proceedings. 705 A. Public Service Commission's Energy Efficiency Portfolio Standard (EEPS) Proceeding. 707 1. Background. 707 2. Working Group VIII Final Report. 708 3. The Technical Study Group's Initial Assessment. 710 4. The PSC's Demand-Response Proceeding. 711 B. RGGI Advisory Group. 714 1. Background. 714 2.... 2012 Yes
Jonathan C. Augustine ENVIRONMENTAL JUSTICE AND ESCHATOLOGY IN REVELATION 58 Loyola Law Review 325 (Summer 2012) The concept of environmental justice is not new. While some scholars and activists trace its origins as part of the ongoing American Civil Rights Movement--a movement which emerged within the interdisciplinary connection of law and religion--this Essay argues that the concept of environmental justice has deep origins in the Holy Bible. With a... 2012 Yes
Tom E.R.B. West ENVIRONMENTAL JUSTICE AND INTERNationAL CLIMATE CHANGE LEGISLATION: A COSMOPOLITAN PERSPECTIVE 25 Georgetown International Environmental Law Review 129 (2012) International climate change negotiations are fraught with indecision, conflicting opinions and confusion and are, as a consequence, constantly in danger of reaching a no-score draw stalemate. The unwieldy complexities of the political, scientific, legal and social challenges of climate change reinforce one another to the extent that a clear... 2012 Yes
Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson ENVIRONMENTAL JUSTICE AND THE BP DEEPWATER HORIZON OIL SPILL 20 New York University Environmental Law Journal 99 (2012) This Article analyzes the environmental justice implications of the BP Deepwater Horizon Oil Spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems... 2012 Yes
Albert Huang ENVIRONMENTAL JUSTICE AND TITLE VI OF THE CIVIL RIGHTS ACT: A CRITICAL CROSSROADS 43 No. 4 ABA Trends 6 (March/April, 2012) Environmental justice (EJ) is a grassroots, community-based movement that addresses the disproportionate burden of toxic pollution and lack of environment benefits/amenities borne by low-income communities and communities of color. From a litigation perspective, the movement has mostly relied on traditional environmental laws to address... 2012 Yes
Alexandra Dapolito Dunn , Adam Weiss ENVIRONMENTAL JUSTICE IN PERMITTING: STATE INNOVATIONS TO ADVANCE ACCOUNTABILITY 81 Mississippi Law Journal 747 (2012) L1-2Introduction . R3747. I. U.S. Environmental Protection Agency's Approach. 752 II. State Approaches. 754 A. A Policy Approach--Illinois. 755 B. An EJ Permit Policy--New York. 758 C. A Statutory Approach--Connecticut. 761 III. Moving States Forward. 765 L1-2Conclusion . R3768. 2012 Yes
Uma Outka ENVIRONMENTAL JUSTICE ISSUES IN SUSTAINABLE DEVELOPMENT: ENVIRONMENTAL JUSTICE IN THE RENEWABLE ENERGY TRANSITION 19 Journal of Environmental and Sustainability Law 60 (Summer, 2012) C1-2Table of Contents I. Introduction. 62 II. The Role of Renewable Energy in Sustainable Development. 67 III. Environmental Justice Issues For Renewable Energy. 74 A. Community Context for Renewable Energy Siting. 75 1. Wind and Solar. 77 2. Biomass. 81 B. Defining Renewable Energy in Law. 86 C. Renewable Energy and Green Economy Access. 92 IV.... 2012 Yes
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
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