Law Commons^™

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.