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Justice From The Ground Up: Distributive Inequities, Grassroots Resistance, And The Transformative Politics Of The Environmental Justice Movement, Sheila R. Foster

Faculty Scholarship

In this Article, Professor Foster examines the environmental justice movement from the "ground up"-from the perspective of the predominantly poor, African-American residents of Chester, Pennsylvania who attempted to stop the clustering of waste facilities in their community. From this perspective, Professor Foster evaluates the manner in which the phenomenon of environmental injustice is framed, the efficacy of reforms in environmental decision-making processes, and the strategies and possibilities of grass roots efforts in achieving environmental justice. She argues that the distributive paradigm that often frames discussions of environmental injustice obscures the mechanisms and processes underlying inequitable outcomes, thwarting a full understanding …

Demons And Angels In Hazardous Waste Regulation: Are Justice, Efficiency, And Democracy Reconcilable?, Michael B. Gerrard

Faculty Scholarship

The Superfund program is perhaps environmental law's best Rorschach test, in which those who write about the national effort to clean up contaminated sites disclose as much about their own philosophies of justice, democracy, and economic efficiency as about environmental legislation. The ten books reviewed here show deep conflicts among these values. I argue, based on these disparate judgments, that many of the Superfund debates have an almost religious character. The law has been shaped to fit the view that demonic polluters were, and remain, at work. The law also reflects a sense of higher duty to future generations – …

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Environmental Justice: Bridging The Gap Between Environmental Laws And "Justice" , Alice Kaswan

American University Law Review

No abstract provided.

Resource Law Notes Newsletter, No. 41, Fall Issue, Aug. 1997, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Review Of Actions Under President Clinton's Executive Order On Environmental Justice, Gary A. Abraham

Buffalo Environmental Law Journal

No abstract provided.

Subtle Vices Behind Environmental Values, Frank Cross

Duke Environmental Law & Policy Forum

No abstract provided.

Comparative Risk Projects And Their Effects On Decision Making, Jennifer Crawford

Duke Environmental Law & Policy Forum

No abstract provided.

Can Comparative Risk Be Used To Develop Better Environmental Decisions?, Ken Jones

Duke Environmental Law & Policy Forum

No abstract provided.

Recent Developments In Case Law

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Battery And Beyond: A Tort Law Response To Environmental Racism, Kathy Seward Northern

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.

Brief Of State Of New Union Health Services Agency: Ninth Annual Pace National Environmental Moot Court Competition, Marc Brumberger, Kristin Kelley

Pace Environmental Law Review

No abstract provided.

The Benefits And Costs Of Regulatory Reforms For Superfund, W. Kip Viscusi, James T. Hamilton

Vanderbilt Law School Faculty Publications

The current policy approach used in the Superfund program is a peculiar halfway house. EPA devotes substantial effort to identifying chemicals at a site and ascertaining their potential risks. It also assesses the costs of a range of remedies in considerable detail. However, many key elements are missing in the agency's analyses. There is no explicit consideration of the size of the population at risk. Risks to a single individual have the same weight as risks to a large exposed population. Actual and hypothetical exposures to chemicals receive equal weight so that risks to a person who, in the future, …

Inter/Intra-Generational Equity: Current Applications Under International Law For Promoting The Sustainable Development Of Natural Resources, G. F. Maggio

Buffalo Environmental Law Journal

No abstract provided.

Cleanup Processes And Standards Of Cercla And Rcra: Shortcomings And Recommendations, Amy L. Du Vall

Buffalo Environmental Law Journal

No abstract provided.

Brownfields, Environmental Federalism, And Institutional Determinism, William Wade Buzbee

William & Mary Environmental Law and Policy Review

No abstract provided.

Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock

William & Mary Environmental Law and Policy Review

No abstract provided.

Who's Minding The Schools: Towards Least Toxic Methods Of Pest Control In Our Nation's Schools, Valerie Watnick

Fordham Environmental Law Review

No abstract provided.

Public Participation In Bronfield Remediation Systems: Putting The Community Back On The (Zoning) Map, Patrick J. Skelley Ii

Fordham Environmental Law Review

No abstract provided.

Kights At The Roundtable: Public Participation Joins The Battle To Clean-Up Cold War Waste, Eileen Gay Jones

Fordham Environmental Law Review

No abstract provided.

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner

Faculty Publications

The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

Articles

My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]

Environmental Racism And Locally Undesirable Land Uses: A Critique Of Environmental Justice Theories And Remedies, Daniel Kevin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environmental Justice: A Survey Of Federal And State Responses, Carolyn Graham, Jennifer B. Grills

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Resource Law Notes Newsletter, No. 38, Fall Issue, Aug. 1996, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette

Natural Resources Journal

No abstract provided.

Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna

Faculty Scholarship

If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …

The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.