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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 …
Environmental Burdens And Democratic Justice, Gerald Torres
Environmental Burdens And Democratic Justice, Gerald Torres
Fordham Urban Law Journal
To date, however, there has been relatively little academic discussion about how EPA and other federal agencies can achieve environmental justice. In addition, most legal academic literature has focused either on simply identifying the legal issues associated with race and environmental law or on developing a litigation strategy for remedying “environmental racism.” None of the legal academic literature has focused on the benefits of using an administrative framework to define or develop sustainable solutions to the distributional inequities of environmental laws. The purpose of this Article is to explain the benefits of pursuing an administrative model for change. Unlike other …