Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
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 …
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 …