Digital Commons Network^™

Environmental Justice: Concentration On Education And Public Participation As An Alternative Solution To Legislation, Anne K. No

William & Mary Environmental Law and Policy Review

No abstract provided.

Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

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 …

Economic And Social Inequality In San Francisco: A Case Study Of Environmental Risks In The City's Mission District, Raquel Pinderhughes

UC Law Environmental Journal

No abstract provided.

The Use Of Institutional Controls In Superfund And Similar State Laws, Susan C. Borinsky

Fordham Environmental Law Review

No abstract provided.

Community-Based Approach To Redevelopment: The Case Of West Berkeley, Carl Anthony

UC Law Environmental 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

UC Law Environmental Journal

No abstract provided.

Environmental Justice And The Three Great Myths Of White Americana, Luke W. Cole

UC Law Environmental Journal

No abstract provided.

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview-Hunters Point Community, Clifford Rechtschaffen

UC Law Environmental Journal

No abstract provided.

Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand

Michigan Journal of Race and Law

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.

Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter

Fordham Urban Law Journal

Several states and the federal government have proposed and enacted what are termed "Brownfields Programs." These initia- tives have two goals: 1) creation of employment in economically distressed areas surrounded by urban "brownfields" (contami- nated properties); and 2) preservation of "greenfields" (pristine land) from development. This Article discusses the efficacy of the urban development aspect of these initiatives. Specifically it argues that while cities (notably those in the northeast and northcentral United States) may have suffered the impact of deindustrialization disproportionately to their respective suburbs,these programs create a duality of environmental protection that will consign the cities to permanent second …

"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen

Law Faculty Publications

As one of the most important current topics in environmental law, the redevelopment of abandoned or underutilized urban properties, better known as brownfields, continues to generate much discussion and debate. Because most agree that abandoned sites located in aging areas and the accompanying exodus of industry to the suburbs are undesirable, the federal government and many state governments have created programs to encourage the redevelopment of these industrial properties. But often overlooked by the advocates of such programs are the difficult political, scientific, and moral questions associated with redevelopment. In this insightful article, Professor Eisen provides the most comprehensive discussion …

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

The Mescalero Apache Indians And Monitored Retrievable Storage Of Spent Nuclear Fuel: A Study In Environmental Ethics, Noah M. Sachs

Law Faculty Publications

The proposal of the Mescalero Apache Indians of New Mexico to host a nuclear waste storage facility raised difficult questions about political sovereignty, environmental justice, and democratic consent. While the proposal had numerous drawbacks and deserved to be opposed, many of the arguments used against it were conceptually flawed and paternalistic. Arguments decrying bribery of a poor community were particularly weak, while those criticizing targeting of Indian tribes by the United States government and coercion of tribal members by the Mescalero leadership had more merit. The core ethical arguments should be separated from the rhetoric so that policy makers, Native …

Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg

Faculty Scholarship

Comparative risk assessment (CRA) is the examination of the relative risks posed by different dangers, with a view to deciding which dangers deserve the most governmental attention. CRA frequently tries to reduce different problems to a common metric, usually the statistical lives saved by a program, so that apples can be weighed against oranges. This article will discuss and assess the growing use of CRA in New York State.

There are two principal arguments for the use of CRA in the environmental context. The first is that we do not have unlimited resources; we cannot move against all problems simultaneously. …

Environmental Injustice: Evidence And Economic Implications, Heidi Y. Willers

University Avenue Undergraduate Journal of Economics

Some economic analyses find evidence of environmental injustice--minorities and/or low-income persons are exposed to environmental dangers (locally undesirable land uses, or LULUs) more than their non-minority or more affluent counterparts. Such inefficient allocations result from a violation of perfect property rights. This paper does not determine efficient levels of various environmental dangers, but rather examines and compares several studies in an effort to find a consensus among researchers. No consensus emerges, as differences in research techniques prevent consistent results from being found. Future research must have well-defined methodologies before it can be effectively used by policy makers.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

Risk Assessment And Environmental Justice: A Critique Of The Current Legal Framework And Suggestions For The Future, Kathy Bunting

Buffalo Environmental Law Journal

No abstract provided.

Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Law At Maryland, No. 3, Summer 1995

Environmental Law at Maryland

No abstract provided.

Recycling Industrial Sites In Erie County: Meeting The Challenge Of Brownfield Redevelopment, Robert S. Berger, Patricia C. Campbell, James A. Crolle Iii, Wendy A. Marsh, Sallie Randolph, Julia A. Solo, Hugh Stephens

Buffalo Environmental Law Journal

This is an updated version of a report originally released in May, 1994, which was prepared in cooperation with Richard M. Tobe, Erie County Commissioner of Environment and Planning. The authors were members of the Spring, 1994 Environment and Development seminar. This updated version is still in the form of a report. A fuller historical and analytical treatment of many of the issues presented here can be found in the forthcoming article, Comment, Urban Decay and the Role of Superfund: Legal Barriers to Redevelopment and the Prospects for Change, 43 BuFF.L.RBv. _ (1995), written by Julia A. Solo, one of …

The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael

Indiana Law Journal

No abstract provided.

The Anticipatory Nuisance Doctrine: One Common Law Theory For Use In Environmental Justice Cases, Serena M. Williams

William & Mary Environmental Law and Policy Review

No abstract provided.

Urban Decay And The Role Of Superfund: Legal Barriers To Redevelopment And Prospects For Change, Julia A. Solo

Buffalo Law Review

No abstract provided.

Time Bombs And Pitfalls: Tax Traps And Opportunities That Every Lawyer Should Know, Oregon Law Institute, Joseph W. Schneid, Roy Strowd Jr., Corey Henkelman, Susan T. Burton, Nikki C. Hatton, Neil D. Kimmelfield, Jack C. Walsh, Lewis M. Horowitz

Oregon Law Institute, 1995

Course Materials from the February 17, 1995 Program in Portland

Environmental Justice And Tsd Sting Policies: Title Vi Is The Plaintiffs' Newest And Best Weapon, But Will It Succeed In Missouri , Don Willoh, Tom Collins

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law At Maryland, No. 2, Winter 1995

Environmental Law at Maryland

No abstract provided.

Resource Law Notes Newsletter, No. 33, Winter Issue, Jan. 1995, 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 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 …