Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Environmental Law

University of Cincinnati College of Law

1995

Articles 1 - 1 of 1

Full-Text Articles in Law

Environmental Justice And Discriminatory Siting: Risk-Based Representation And Equitable Compensation, Bradford Mank Jan 1995

Environmental Justice And Discriminatory Siting: Risk-Based Representation And Equitable Compensation, Bradford Mank

Faculty Articles and Other Publications

This Article proposes a new risk-based approach to representing and compensating not only minorities but any person affected by a siting decision. This proposal would create a formal mechanism for achieving the desire of many environmental justice advocates to empower those local residents most affected by a siting decision. The EPA or state siting agencies, however, would provide a technocratic framework for assessing the scope of risks, despite the limitations of risk and cost-benefit analysis; would set limits on the maximum amount of risk in any community; and would specify the minimum compensation required from a developer. Immediate neighbors, political ...