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Environmental Justice And Pennsylvania's Environmental Rights Amendment: Applying The Duty Of Impartiality To Discriminatory Siting, Jacob Elkin
Panel II: Reshaping EJ Law & Social Policy
Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their neighborhoods. Yet in its Civil Rights Act and Equal Protection Clause jurisprudence, the Supreme Court has largely shut the door on federal environmental justice litigation by requiring plaintiffs to prove that the government acted with discriminatory intent in its siting and permitting decisions.
This Note argues that Pennsylvania’s Environmental Rights Amendment provides an …