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The Federal Government Has An Implied Moral Constitutional Duty To Protect Individuals From Harm Due To Climate Change: Throwing Spaghetti Against The Wall To See What Sticks, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
The continuing failure of the federal government to respond to the growing threat of climate change, despite affirmative duties to do so, creates a governance vacuum that the Constitution might help fill, if such a responsibility could be found within the document. This Article explores textual and non-textual constitutional support for that responsibility, finding that no single provision of the Constitution is a perfect fit for that responsibility. However, the document as a whole might support constitutionalizing an environmental protection norm as an individual right or affirmative government obligation given the norm's importance to the enjoyment of other constitutional rights …
Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus
Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The purpose of this essay is to discuss the past, present, and future of the environmental justice movement as illustrated by the highway between Selma and Montgomery in Alabama and the highway system surrounding the City of Atlanta in neighboring Georgia. The essay is divided into three parts. The first part describes environmental justice, seeking both to place it in a broader historical perspective and to discuss how it relates to civil rights law and environmental law. The second part undertakes a closer examination of the challenges presented by efforts to fashion positive law to address environmental justice norms. This …