Law Commons^™

Standing And Future Generations: Does Massachusetts V. Epa Open Standing For Generations To Come?, Bradford Mank

Faculty Articles and Other Publications

Many issues, especially potential environmental catastrophes caused by climate change, affect not just the living, but also future generations. The bias in our political system against addressing the interests of future generations poses serious obstacles in solving long-term environmental problems such as global warming. Because future generations cannot vote, unelected federal judges are more suited to protect their interests than the political branches.

An important question is whether anyone has standing to sue on behalf of future generations in the federal courts. The Supreme Court's Article III standing test requires plaintiffs to demonstrate that they have personally suffered an injury …

Environmental Justice And Title Vi: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank

Faculty Articles and Other Publications

Title VI prohibits federal agencies from providing funds to state or local agencies that discriminate. Environmental justice advocates have filed over fifty Title VI complaints with the EPA alleging that state or local environmental agencies have granted permits that will cause disparate impacts against minority groups. In February 1998, the EPA promulgated an Interim Guidance on Title VI to help the agency resolve these complaints. A wide range of state and local officials has criticized the Guidance because its vague definition of "disparate impact" may give the EPA too much discretion to find discrimination. This Article demonstrates, however, that the …

Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank

Faculty Articles and Other Publications

This article will apply the Chester three-factor test to find a private right of action implied in the administrative regulations promulgated by various agencies to implement Section 602 of Title VI. This article also proposes that it would be inconsistent to apply today's more stringent standard for inferring congressional intent in deciding whether a private right exists under Section 602. Such inconsistency arises as a result of the Supreme Court's application of a more lenient standard in recognizing a private right of action under Section 601.

The Environmental Protection Agency's Project Xl And Other Regulatory Reform Initiatives: The Need For Legislative Authorization, Bradford Mank

Faculty Articles and Other Publications

The focus of this Article is twofold. First, the Article will show that EPA's reform initiatives are severely hampered by a lack of legal authority, and proposes that Congress give EPA sufficient authority to enact needed reforms. Second, this Article will address concerns that reform will lead to inferior environmental protection and public participation. This Article proposes a number of statutory provisions to ensure that, once EPA has sufficient authority to pursue its reform agenda the agency will do so in a way that avoids a diminution of public health safeguards.

Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank

Faculty Articles and Other Publications

Part I of this Article introduces the principle that the present generation owes duties to future generations. Part II argues that current environmental laws fail future generations. Part III argues that neither Congress nor the executive branch can protect future generations from environmental harms due to short-term political pressures. Part IV evaluates the current capabilities of agencies to plan for long-term environmental problems. Part V evaluates whether agencies may be capable of better long-term planning by creating a dialogue with the public. Part VI proposes a Superagency to protect the environmental interests of future generations. The Superagency would be independent …

The Two-Headed Dragon Of Siting And Cleaning Up Hazardous Waste Dumps: Can Economic Incentives Or Mediation Slay The Monster, Bradford Mank

Faculty Articles and Other Publications

This Article will show that neither economic incentives nor mediation alone has been successful in addressing the issues of siting or remediation, despite good theoretical reasons for the success of both approaches. This Article advocates a two-pronged approach of using economic incentives and mediation together to attack the dilemmas of siting and remediation. A developer could offer to remediate an orphan or MSW landfill site, and thereby improve public safety, in exchange for the opportunity to build a new, less risky hazardous or solid waste disposal facility.15 In conjunction with mediation and negotiated compensation, this proposal may be able to …