| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
| David M. Ostergren |
POWER, JUSTICE, AND THE ENVIRONMENT: A CRITICAL APPRAISAL OF THE ENVIRONMENTAL JUSTICE MOVEMENT. EDITED BY DAVID N. PELLOW & ROBERT J. BRULLE. CAMBRIDGE MA, THE MIT PRESS, 2005. PP. 349. $62.00 CLOTH; $27.00 PAPERBACK. |
48 Natural Resources Journal 219 (Winter, 2008) |
This text is an excellent critical assessment of the Environmental justice (EJ) movement. The authors and editors provide timely insights on where the EJ movement stands and take the first steps to promote dialogue on change and improvement. The authors encourage organizations, researchers, and institutions to focus their efforts, clearly define... |
2008 |
Yes |
| Jonathan K. London , Julie Sze , Raoul S. Liévanos |
PROBLEMS, PROMISE, PROGRESS, AND PERILS: CRITICAL REFLECTIONS ON ENVIRONMENTAL JUSTICE POLICY IMPLEMENTATION IN CALIFORNIA |
26 UCLA Journal of Environmental Law & Policy 255 (2008) |
I. introduction. 256 II. environmental justice movement in california: problems and public policy. 259 A. Defining the Problem. 259 B. State Legislation and Regulatory Agencies. 262 III. from promise to progress. 265 A. Developing the Cal/EPA Environmental justice Action Plan. 265 B. Implementing the Action Plan: Pilot Projects and Small Grants.... |
2008 |
Yes |
| Gregory Baker |
REDISCOVERING THERAPEUTIC JURISPRUDENCE IN OVERLOOKED AREAS OF THE LAW--HOW EXPOSING ITS PRESENCE IN THE ENVIRONMENTAL JUSTICE MOVEMENT CAN LEGITIMIZE THE PARADIGM AND MAKE THE CASE FOR ITS INCLUSION INTO ALL ASPECTS OF LEGAL EDUCATION AND THE PRACTICE OF |
9 Florida Coastal Law Review 215 (Winter 2008) |
Therapeutic Jurisprudence (TJ) is a movement embodying the legal community's response to concerns that the legal profession is plagued by a culture of argument and critique that has rendered it unresponsive to society's needs. Symptoms of this culture of argument are clear in rampant attorney dissatisfaction, client unhappiness, and a constant... |
2008 |
Yes |
| Margaret Egan |
THE ENVIRONMENTAL JUSTICE ACT: SAME PROBLEMS WITH NO SOLUTION? |
13 Public Interest Law Reporter 75 (Winter 2008) |
Environmentalism is a political and rhetorical trend at the moment, but little has been said about the most environmentally vulnerable areas; particularly low income, minority and urban neighborhoods. Grassroots organizations and environmental justice advocates have long been fighting for these communities. For example, the Little Village... |
2008 |
Yes |
| JoAnne L. Dunec |
THE LAW OF ENVIRONMENTAL JUSTICE: THEORIES AND PROCEDURES TO ADDRESS DISPROPORTIONATE RISKS MICHAEL B. GERRARD AND SHEILA R. FOSTER, EDS. AMERICAN BAR ASSOCIATION, SECTION OF ENVIRONMENT, ENERGY AND RESOURCES, 2008, SECOND EDITION |
23-SUM Natural Resources & Environment 52 (Summer, 2008) |
Concepts of environmental justice arose concurrently with the environmental movement in the late 1960s, which was inspired in part by the civil rights movement. There was growing recognition that underprivileged populations were not only exposed to social inequities, but were also disproportionately affected by hazardous environmental conditions.... |
2008 |
Yes |
| Jeffrey Smith McLeod |
UNMASKING THE PROCESSES AND JUSTIFICATIONS THAT LEAD TO ENVIRONMENTAL RACISM: A CRITIQUE OF JUDICIAL DECISION-MAKING, POLITICAL AND PUBLIC AMBIVALENCE, AND THE DISPROPORTIONATE PLACEMENT OF ENVIRONMENTAL AND LAND USE BURDENS IN COMMUNITIES OF COLOR |
15 Virginia Journal of Social Policy and the Law 545 (Spring 2008) |
Introduction. 545 I. Environmental racism on Trial. 551 A. R.I.S.E., Inc. v. Kay. 553 B. Bean v. Southwestern Waste Management Corporation. 553 C. East Bibb Twiggs Neighborhood Ass'n v. Macon-Bibb County Planning & Zoning Commission. 554 II. Justifying Inaction. 554 III. Applying the Lens of Critical Race Theory. 557 A. Reevaluating Judicial... |
2008 |
Yes |
| Melissa O'Connor |
A FAILURE TO PROTECT: AFTER 13 YEARS ENVIRONMENTAL JUSTICE NEVER MATERIALIZES |
35 Southern University Law Review 119 (Fall, 2007) |
I. Introduction II. Review of Tools Used A. NEPA B. NHPA C. Title VI D. Title VI Coupled with Common Law Nuisance III. Looking Back - Lessons Learned IV. Conclusion - Moving Forward |
2007 |
Yes |
| Meagan Elizabeth Tolentino Garland |
ADDRESSING ENVIRONMENTAL JUSTICE IN CRIMINAL SENTENCING PROCESS: ARE ENVIRONMENTAL JUSTICE COMMUNITIES "VULNERABLE VICTIMS" UNDER 3A1.1(B)(1) OF THE FEDERAL SENTENCING GUIDELINES IN THE POST UNITED STATES V. BOOKER ERA? |
12 Albany Law Environmental Outlook Journal 1 (2007) |
Introduction. 3 I. Overview of United States v. Booker and its Implications for Environmental justice. 4 II. The Emergence of the Environmental justice Movement. 9 III. Environmental racism: The Civil Rights Paradigm. 15 A. The Origins of and Legal Strategies Employed in the Civil Rights Paradigm. 15 B. The Need to Break from the Civil Rights... |
2007 |
Yes |
| Catherine E. Beideman |
EMINENT DOMAIN AND ENVIRONMENTAL JUSTICE: A NEW STANDARD OF REVIEW IN DISCRIMINATION CASES |
34 Boston College Environmental Affairs Law Review 273 (2007) |
Abstract: Government takings of private land for public purposes are permitted by the United States Constitution. Recently, more takings have occurred that largely benefit private individuals rather than the general public. The land taken for private benefit has primarily been that of low-income and minority individuals. Similarly, toxic waste... |
2007 |
Yes |
| Laura Kent-Monning |
ENDLESS EXEMPTIONS: AN ENVIRONMENTAL JUSTICE CRITIQUE OF THE ONGOING USE OF METHYL BROMIDE |
1 Golden Gate University Environmental Law Journal 175 (Summer 2007) |
I. Introduction II. Background A. Methyl Bromide B. The Montreal Protocol C. The Clean Air Act D. The Executive Order on Environmental justice III. A Critique of Critical Use Exemptions A. Critical Use Exemptions Violate the Executive Order on Environmental justice i. Executive Order Focuses on Minority Communities, Health, and the Environment I.... |
2007 |
Yes |