Law Commons^™

Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford

Publications

This Article argues that by concentrating largely on expanding the scope of constitutional jurisprudence, lawyers and legal academics have failed to examine possibilities for strategic lawsuits using the elaborate array of existing federal environmental statutes. Specifically, both lawyers and legal academics have needlessly neglected or shied away from the medical monitoring lawsuit available under section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), to the disadvantage of potential environmental justice plaintiffs.

Overcoming Environmental Discrimination: The Need For A Disparate Impact Test And Improved Notice Requirements In Facility Siting Decisions, Omar Saleem

Journal Publications

No abstract provided.

The Role Of Existing Environmental Laws In The Environmental Justice Movement, Michael B. Gerrard

Faculty Scholarship

I will focus on what can and cannot be done under the existing statutory and regulatory structures and the common law to protect minority communities from environmental hazards. I will highlight some of the current holes in the legal system to suggest areas where statutory reform might be useful. Fights against these facilities break down between future unbuilt facilities, on the one hand, and existing facilities on the other hand.

A broad array of statutes regulates future facilities, such as landfills, incinerators, interstate highways, and polluting factories. Some of these laws are aimed at providing information and requiring the decision …

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.