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Full-Text Articles in Law
A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick
A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick
Faculty Scholarship
In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society's attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies. Environmental justice is not a problem unique to the late 20th century. Majoritarian societies have historically discriminated against minority groups.3 For example, …
Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna
Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna
Faculty Scholarship
This Article looks at how EPA is managing the fairness issue in a discrete but highly charged context: permit issuances that affect heavily impacted communities. This Article first provides a discussion of how fairness-oriented reform might evolve within the permit process. This section also examines permit issuances that were appealed to the U.S. Environmental Appeals Board (EAB) on environmental justice grounds. Proceeding one step beyond environmental law, the Article looks at how EPA is responding to claims of disparate impact under Title VI of the Civil Rights Act. However, rather than focus on the intricacies of legal doctrine under Title …
Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa
Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa
Faculty Scholarship
For more than one hundred years, railroad cars rumbled and roared along tracks in the Coeur d'Alene River Basin, serving the mining industry in the Panhandle of northern Idaho. As in many parts of the American West, the history of railroads in northern Idaho largely reflects the history of mining in the region. The first gold was discovered in this area in 1883, the same year that the area saw its first line of the Northern Pacific Railroad. In 1885, the Bunker Hill mine was established near the present town of Kellogg. Four years later, the first rail line of …