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Full-Text Articles in Law
Environmental Justice And Title Vi: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank
Environmental Justice And Title Vi: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank
Faculty Articles and Other Publications
Title VI prohibits federal agencies from providing funds to state or local agencies that discriminate. Environmental justice advocates have filed over fifty Title VI complaints with the EPA alleging that state or local environmental agencies have granted permits that will cause disparate impacts against minority groups. In February 1998, the EPA promulgated an Interim Guidance on Title VI to help the agency resolve these complaints. A wide range of state and local officials has criticized the Guidance because its vague definition of "disparate impact" may give the EPA too much discretion to find discrimination. This Article demonstrates, however, that the …
Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank
Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank
Faculty Articles and Other Publications
Part I of this Article introduces the principle that the present generation owes duties to future generations. Part II argues that current environmental laws fail future generations. Part III argues that neither Congress nor the executive branch can protect future generations from environmental harms due to short-term political pressures. Part IV evaluates the current capabilities of agencies to plan for long-term environmental problems. Part V evaluates whether agencies may be capable of better long-term planning by creating a dialogue with the public. Part VI proposes a Superagency to protect the environmental interests of future generations. The Superagency would be independent …