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Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen
Golden Gate University Law Review
This article will suggest what is required to prevail under the purposeful discrimination standard under the Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Interestingly, no equal protection environmental justice case or Title VI action has been presented to a jury charged with determining the factual issue of intent. The author will next explore the possibility of winning environmental justice cases under the citizen suit provisions that are part of most environmental statutes. Lastly, the author will suggest arguments to possible defenses that might be raised by defendants.
Title Vi And The Warren County Protests, Bradford Mank
Title Vi And The Warren County Protests, Bradford Mank
Golden Gate University Environmental Law Journal
One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls (“PCB”) landfill in Warren County, North Carolina, was an unsuccessful suit by the National Association for the Advancement of Colored People (“NAACP”) under Title VI of the 1964 Civil Rights Act . The NAACP alleged that the state of North Carolina, a recipient of United States Environmental Protection Agency (“EPA” or “the Agency”) funds, had discriminated against minorities by building the landfill in Warren County, which had the highest percentage of minorities among all the counties in the state, while ignoring several alternative suitable or superior sites …