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Articles 1 - 30 of 54
Full-Text Articles in Law
Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle
Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle
Fordham Urban Law Journal
No abstract provided.
The Urban Microgrid: Smart Legal And Regulatory Policies To Support Electric Grid Resilienccy And Climate Mitigation, Kevin B. Jones, Sylvia J.S. Bartell, Daniel Nugent, Jonathan Hart
The Urban Microgrid: Smart Legal And Regulatory Policies To Support Electric Grid Resilienccy And Climate Mitigation, Kevin B. Jones, Sylvia J.S. Bartell, Daniel Nugent, Jonathan Hart
Fordham Urban Law Journal
No abstract provided.
Urban Energy, Hannah J. Wiseman
Urban Energy, Hannah J. Wiseman
Fordham Urban Law Journal
Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Fordham Urban Law Journal
No abstract provided.
Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker
Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker
Fordham Urban Law Journal
No abstract provided.
Cities And Accessibility: The Potential For Carbon Reductions And The Need For National Leadership, Keith Bartholomew
Cities And Accessibility: The Potential For Carbon Reductions And The Need For National Leadership, Keith Bartholomew
Fordham Urban Law Journal
This article begins by outlining the elements that should be included in the framework for understanding how people interact with their built environments. Part II describes how the framework might be made operational through the use of an emerging technique called land-use transportation scenario planning. Part III assesses how well land-use transportation scenario planning fits within the dictates and limits of U.S. transportation law. The analysis ultimately reveals that it holds substantial promise as a tool that could lead to meaningful cuts in carbon emissions.
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Fordham Urban Law Journal
This Article seeks to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if there is a failure to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face a future where cities will experience sustained and perhaps intractable urban violence and social disintegration, a development that can only hasten the separate but related harms caused by climate change on the world’s human and biological populations. Part II explores some of the consequences of the …
The City And International Law: In Pursuit Of Sustainable Development, Ileana M. Porras
The City And International Law: In Pursuit Of Sustainable Development, Ileana M. Porras
Fordham Urban Law Journal
This article argues that the internationalization of cities and the localization of sustainable development have combined to turn cities into the international loci of sustainable development. The author contends that while it is positive that cities are willing to engage in addressing sustainable development and climate change, there are dangers in allowing cities to take on the primary function of defining sustainable development. Problems caused by privatization of city services and the tendency of cities to consider local interests primary in engaging in the trade-offs required by sustainable development are discussed. Finally, the author concludes that sustainable development requires a …
Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley
Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley
Fordham Urban Law Journal
This Article examines how global cities are governing climate change. Part I of this Article provides an overview of the national and international contexts of urban climate governance focusing on the United Kingdom and the United States. Parts II and III analyze London and Los Angeles, respectively, as examples of global cities. They provide a thorough examination of climate change policies and actions in these two cities, based on approximately thirty in-depth interviews with government, business and civil society representatives during 2007-08, as well as official documents and grey literature. Part IV then examines the modes of governance to understand …
What Local Climate Change Plans Can Teach Us About City Power, Katherine A. Trisolini
What Local Climate Change Plans Can Teach Us About City Power, Katherine A. Trisolini
Fordham Urban Law Journal
Discussions of city power have long focused on cities’ power relative to higher levels of government and to each other. The diffuse causes of climate change offer an opportunity to revisit the question of city power by focusing more closely on the intended object of influence. Although these two perspectives on power will at times overlap, they are not identical. If we consider greenhouse gas emissions as the target, cities can employ their relatively minor powers to substantial effect and many of them appear to be trying to do so. But consideration of cities’ climate change policies alters the usual …
A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson
A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson
Fordham Urban Law Journal
This Comment discusses the recent trend in urban planning which places an emphasis on creating smart growth communities, which encourage mixed land use, alternative modes of transportation, and incorporating green space in development to combat urban sprawl. Smart growth communities often offer greenways, which encompass a broad range of green space including open space along rivers and streams, natural or landscaped courses for pedestrian or bicycle passage, open space connectors for parks, and linear parks designated as parkways, among others. The Comment discusses the environmental, economic, and health benefits of greenways. While greenways have become desirable, many communities aren't successful …
The International Significance Of An Instance Of Urban Environmental Inequity In Tijauna, Mexico , Tseming Yang
The International Significance Of An Instance Of Urban Environmental Inequity In Tijauna, Mexico , Tseming Yang
Fordham Urban Law Journal
Environmental equity problems are not exclusive to any one nation. With a lack of regulations, communities of color and poor, and the prevalence of social marginalization, issues of environmental inequality may occur even more vividly in countries with this climate. In Tijuana, Mexico, Metales y Derivados, an abandoned lead smelter, left its surrounding community, Colonia Cilpancingo, with a litany of health related issues and a hunt for justice from its failure to act with appropriate environmental stewardship. Having gained attention in the international news and exposing a failure of regulatory policies and transnational exploitation, Metales is an example of the …
It Takes A Region , Angela Glover Blackwell
It Takes A Region , Angela Glover Blackwell
Fordham Urban Law Journal
Suburbanization and sprawl present new issues and challenges of regional inequity and equal opportunity. As awareness of the effects of the impacts of uneven and unhealthy development patterns grow, the debate for dealing with the fallout of sprawl is being taken up and policy agenda is emerging to address smart growth. With the emergence of the region rather than the city as the dominant economic and social geographic unit and key policy changes, the article propounds that the mistakes of the past fifty years can be reversed and regional equity achieved. The article makes it clear that life changes are …
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion
Fordham Urban Law Journal
This Article discusses the impact of urban development on trees. It discusses the importance of having trees in urban neighborhoods by increasing property value and highly benefiting the ecological system. It also discusses alternative policies that other cities have implemented to deal with the impact of development on the environment. Finally, the Article proposes various solutions to the problems faced by New York City specifically, arguing that the city should adopt a comprehensive urban forestry program that would asses the current status of the urban forest, evaluate the environmental impact of development, and protect tree and landscaping ordinances.
Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter
Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter
Fordham Urban Law Journal
Several states and the federal government have proposed and enacted what are termed "Brownfields Programs." These initia- tives have two goals: 1) creation of employment in economically distressed areas surrounded by urban "brownfields" (contami- nated properties); and 2) preservation of "greenfields" (pristine land) from development. This Article discusses the efficacy of the urban development aspect of these initiatives. Specifically it argues that while cities (notably those in the northeast and northcentral United States) may have suffered the impact of deindustrialization disproportionately to their respective suburbs,these programs create a duality of environmental protection that will consign the cities to permanent second …
Municipal Solid Waste Flow Control In The Post-Carbone World, Eric S. Peterson, David N. Abramowitz
Municipal Solid Waste Flow Control In The Post-Carbone World, Eric S. Peterson, David N. Abramowitz
Fordham Urban Law Journal
Garbage will always ultimately be the government's problem. Evolving environmental standards and state and federal policies will continue to require reasoned responses from local governments and municipal solid waste flow control is a vital cog in many jurisdictions' solid waste management solutions. Without flow control of some form, governments' ability to plan and provide for the most environmentally sound and economically acceptable solutions will wane, leaving the public vulnerable to the vagaries of a private market that does not have a duty to protect the public health and safety. The Carbone decision has blunted one of the local governments chief …
Balancing The Scales Of Environmental Justice, Charles J. Mcdermott
Balancing The Scales Of Environmental Justice, Charles J. Mcdermott
Fordham Urban Law Journal
This Essay discusses various ways to weave principles of justice and equity into solving the problem of environmental racism. This Essay also demonstrates the enormous potential of the waste management industry to act as an agent for environmental equity. Part I identifies problems that have led to accusations of environmental racism and conditions that have contributed to the definition of environmental racism. Part II discusses issues of the actual and perceived risks posed by waste treatment facilities, and the need for an understanding of these risks. The Essay next considers the issues raised in siting facilities, and the importance of …
Foreword, Bruce A. Green
Foreword, Bruce A. Green
Fordham Urban Law Journal
The "Urban Environmental Justice" symposium took place at Fordham University School of Law, and explored how low-income communities and communities of color in our nation’s cities may have been disproportionately burdened by various environmental harms. It considered what should be done about this problem, from the perspectives of civic and citizens’ groups, the government at the federal, state, and city levels, public interest lawyers, corporations, and others. The participants in the March 3rd program represented a variety of backgrounds and experiences. The keynote speaker, Gerald Torres, Counsel to the United States Attorney General, had only weeks earlier been designated to …
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
Fordham Urban Law Journal
This Article takes an approach to the problem of environmental equity that is different from the remedies advocated by the leaders of the environmental equity movement. The plea that the benefits of environmental protection be extended to all groups in society is, of course, a legitimate one, but the movement is too narrowly focused and its aims are too modest. I dissent from the two central premises held by environmental equity advocates. First, the movement assumes that judicially recognized and enforced rights will lead to improved public health. Second, the movement asserts that disadvantaged communities should adopt a “Not in …
The Victims Of Nimby, Michael B. Gerrar
The Victims Of Nimby, Michael B. Gerrar
Fordham Urban Law Journal
Not In My Back Yard, or NIMBY, in its various forms, has three principal types of targets. The first is waste disposal facilities, primarily landfills and incinerators. The second is low-income housing. The third is social service facilities, group homes and shelters for individuals such as the mentally ill, AIDS patients, and the homeless. This Article addresses the issue of the victims of NIMBY, with special reference to the effects of project opposition on racial minorities. Because the effect of facility opposition varies widely with the type of project involved, Part II arrays the types of relevant projects and shows …
The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil
The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil
Fordham Urban Law Journal
The environmental justice movement has seen some successes. After years of neglect, the federal government and several states are directing legislative and executive efforts towards reforming siting processes and remedying discriminatory enforcement of environmental regulations. Community opposition in general has proved to be quite powerful in some instances. Since the passage of the Resource Conservation and Recovery Act in 1976, there has been only one new siting of a hazardous waste landfill and few new sitings of hazardous waste incinerators. To a lesser extent, municipal solid waste and medical waste incinerators have also been successfully blocked or delayed. However, certain …
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Fordham Urban Law Journal
This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …
Achieving Environmental Justice: The Role Of Occupational Health, George Friedman-Jiménez, M.D.
Achieving Environmental Justice: The Role Of Occupational Health, George Friedman-Jiménez, M.D.
Fordham Urban Law Journal
The current rapidly growing interest in environmental justice is both timely and important. Occupational health is an integral part of assuring environmental justice. Concrete examples of environmental inequity leading directly to unequal health status can be found in occupational health literature and among the patients of occupational health clinics which serve populations that include low wage workers and workers of color. The toxic properties and health effects of many environmental contaminants were originally discovered in workplace settings where workers were repeatedly exposed to high doses of such contaminants. In the future, clinical occupational medicine, occupational epidemiology, occupational toxicology, and occupational …
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Fordham Urban Law Journal
This Article addresses how concepts of race and ethnicity have been operationalized as a basis for defining and locating subpopulations (either explicitly or implicitly) for the purpose of analyzing environmental equity issues, and recommends some future directions. Part II focuses on how subpopulations are currently defined and on some problems encountered to date. The implications of these inconsistencies on the accuracy of health and environmental risk measures for a given subpopulation are addressed. Part III focuses on how spatial areas have been defined to aggregate these subpopulations within confined geographic boundaries.
The Visible Spectrum, Nancy E. Anderson, Ph.D
The Visible Spectrum, Nancy E. Anderson, Ph.D
Fordham Urban Law Journal
Today, the national environmental movement is entering a new phase, led by new players, just as the still young environmental protection movement is becoming more politically influential at the local level. The political power of the environmental justice and equity movement and its links with racial and social justice organizations makes its potential impact reach far beyond “NIMBY” (not-in-my-backyard) protests. NIMBY was the first wave of quasi-organized local environmental protests, usually rooted in a single issue. Environmental justice is the next wave, drawing in a broader range of concerns. The focus of this analysis is on how environmental issues are …
Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston
Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston
Fordham Urban Law Journal
Hard economic times and social conditions are driving a reordering of environmental protection priorities that threatens to sacrifice the most vulnerable groups. Environmental regulatory agencies acknowledge that vulnerable populations face the greatest risk of harm from environmental insult and that these groups are not adequately protected. Although a risk-based prioritization of resources benefits the greatest number of people, such allocation would disadvantage minority communities, which contain disproportionate numbers of sensitive subgroups. Our regulatory bodies must therefore develop new strategies to adequately protect sensitive subgroups identified in minority communities. Part II of this Article looks at some of the considerations that …
Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri
Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri
Fordham Urban Law Journal
Superfund is the nation's program to clean up the most dangerous hazardous waste sites. The Superfund law mandates that parties responsible for hazardous waste sites (i.e., waste generators, site owners, site operators, and waste transporters) shall be financially liable for cleaning them. If responsible parties cannot be located, are unable to perform cleanups, or refuse to do so, EPA can conduct the cleanup action and seek recovery of associated costs from these delinquent parties. As the Superfund reauthorization effort ensues, it is clear that few unequivocally applaud past Superfund performance. Collectively, communities, industry, and government are critical about whether the …
Planning, Power And Politics: A Case Study Of The Land Use And Siting History Of The North River Water Pollution Control Plant, Vernice D. Miller
Planning, Power And Politics: A Case Study Of The Land Use And Siting History Of The North River Water Pollution Control Plant, Vernice D. Miller
Fordham Urban Law Journal
This Essay discusses one example of environmental racism in New York City – the planning and construction of the North River Water Pollution Control Plant in West Harlem. This case study of the West Harlem community depicts how race-based land use planning and environmental policy-making transformed West Harlem, one of this city’s most beautiful communities, into a giant dumping ground. Since 1968, the North River Water Pollution Control Plant has irritated the residents of West Harlem. Initially, countless public hearings and community meetings were held to address why this facility was being built in this community. After the Plant was …
Issues Of Community Empowerment, Peggy M. Shepard
Issues Of Community Empowerment, Peggy M. Shepard
Fordham Urban Law Journal
The environmental policies and concerns of local, state, and federal governments have failed to protect their citizens. More particularly, the nation's environmental agenda neglects to account for the urban environmental problems of people of color. This Essay first considers how environmental injustice and racism has impacted the West Harlem community. It next considers some of the particular health implications, such as lead poisoning and asthma, in the Harlem community. The needs of all communities of color and poverty are considered. The response of West Harlem Environmental Action to these needs is examined. Finally, the Essay concludes by briefly examining some …
Notes From The Front Line, Nancy E. Anderson, Ph.D
Notes From The Front Line, Nancy E. Anderson, Ph.D
Fordham Urban Law Journal
In the last five years, local thinking about environmental protection started to take shape. It is indisputable that cities are not neutral or homogenous geographies in terms of distributing benefits and burdens by class and race. This fact is applicable to local environmental politics. Environmental justice and fair share advocates – and in some instances the courts – are finding that cities like New York are extremely heterogeneous in terms of environmental conditions and the impact of implementing environmental laws. This Essay describes the Environmental Benefits Program, which the New York City Department of Environmental Protection has undertaken in order …