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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.

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 …

Metrics Of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up, J. B. Ruhl

Notre Dame Law Review

No abstract provided.

Growth Management And Western Water Law--From Urban Oases To Archipelagos, A. Dan Tarlock, Sarah B. Van De Wetering

UC Law Environmental Journal

No abstract provided.

Saving The Lost Sheep: Bringing Environmental Values Back Into The Fold With A New Epa Decisionmaking Paradigm, Victor B. Flatt

Washington Law Review

Currently, the Environmental Protection Agency (EPA) uses benefit-cost analysis in making many of its regulatory and enforcement decisions. This Article argues that, although required in some instances, the EPA's benefit-cost analysis procedure is incomplete, deeply flawed, and may even violate statutes in some respects. Much of the controversy surrounding environmental regulation can be attributed to this flawed benefit-cost analysis. This Article proposes a new paradigm for EPA regulatory decisionmaking. The proposed paradigm is a four-step decisionmaking process that enhances the outcome of the EPA's decisions by highlighting values that are often ignored or outside the traditional benefit-cost analysis but are …

The Current Global Environment Outlook: How Is Industry Doing In Meeting The Rio Declaration Goals, 32 J. Marshall L. Rev. 289 (1999), Helene Genot, Dan Tarlock, Dixie Lee Laswell

UIC Law Review

No abstract provided.

Perpetuation Of Segregation: Toward A New Historical And Legal Interpretation Of Redlining Under The Fair Housing Act, 32 J. Marshall L. Rev. 617 (1999), Charles L. Nier Iii

UIC Law Review

No abstract provided.

It Takes An Entire Village To Protect An Endangered Species: Individualism, Overlapping Spheres, And The Endangered Species Act, Nancy K. Kubasek

Fordham Environmental Law Review

No abstract provided.

Environmental Justice And Native Americans At The Department Of Energy Hanford Site, Kevin V. Clarke

Fordham Environmental Law Review

No abstract provided.

A Perspective On The Environmental Protection Agency's Title Vi And Environmental Justice Programs, Melva J. Hayden

Fordham Environmental Law Review

No abstract provided.

Sacred Places: Indian Rights After The Exxon Valdez Oil Spill, Dune Lankard

Fordham Environmental Law Review

No abstract provided.

The Past, Present, And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden

Fordham Environmental Law Review

No abstract provided.

If I Had A Hammer: Why Permitting Challenges Do Not Fit In The Fight For Environmental Justice, Elizabeth M. Georges

Fordham Environmental Law Review

No abstract provided.

The Federal Advisory Committee's Proposal For Justice, Peggy Shepard

Fordham Environmental Law Review

No abstract provided.

If You Give The Court A Commerce Clause: An Environmental Justice Critique Of Supreme Court Interstate Waste Jurisprudence, Lincoln L. Davies

Fordham Environmental Law Review

No abstract provided.

Keynote Address Equal Protection Under The Law: Fact Of Fiction?, Vernice D. Miller

Fordham Environmental Law Review

No abstract provided.

Two Sides Of The Same Coin--Hazardous Waste Siting On Indian Reservations And In Minority Communities, Jeffrey R. Cluett

UC Law Environmental Journal

No abstract provided.

The Good Neighbor Agreement: Environmental Excellence Without Compromise, Marianne F. Adriatico

UC Law Environmental Journal

No abstract provided.

The Warn Act, David A. Santacroce

Book Chapters

Plant closings are devastating for workers, their families and the communities in which they live. The Worker Adjustment and Retraining Notification Act ("the WARN Act" or "WARN") requires some employers to give their workers sixty days' notice before a plant closing or mass layoff. The purpose of the WARN Act is to provide workers with time to seek alternative employment or retraining and to plan for the transition phase after the layoff.

The WARN Act does not prevent employers from closing a plant; instead it only requires larger employers to give notice, subject to a number of exceptions and exemptions. …

Notions Of Equity In (International) Environmental Law: Inter-Generational Equity, Youk-Hyun Sung

LLM Theses and Essays

Equity has a long history. In the first chapter of this thesis, notions of equity in conventional international law will be discussed. It must be more helpful to understand equity based upon the history of the term since the issues relating to equity were raised in quite a few cases in the past. In the second chapter, by discussing environmental equity in the United States, the only remaining superpower and the largest economy in the world, the thesis tries to see the future of equity in international environmental law. Environmental equity issues in the United States are good sources for …

Ecology And The Jewish Spirit: Where Nature And The Sacred Meet, Michael Burger

Sabin Center for Climate Change Law

It's a real shame, but all political and social movements, at some point, break up into factions. The factions debate their relative necessity, claim authority over areas of discourse and action, and generally vie for power. They stop coordinating and communicating with each other. There are occasional acts of sabotage. The competition of the market economy (including the grant-funded non-profit sector) and the expanse of human vanity demand this distinction. Everyone needs to find their niche. An ecologist understands this as well as an economist, an activist as well as a lobbyist, a rabbi as well as a lawyer.

Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

Articles

For almost three decades, the federal government and state governments have addressed environmental problems primarily through "command and control" regulation. Under this traditional approach, the federal government establishes uniform national pollution limits ("command") that the federal or state governments impose on individual polluters through a system of permits or other controls. However, as the command and control approach has eliminated many of the most prolific sources of pollution, the incremental cost of cleaning up the remaining pollution has risen dramatically, and command and control regulation has become politically less attractive. In addition, command and control regulation may be too rigid …

The Content Of Our Characterizations, Paulette M. Cladwell

Michigan Journal of Race and Law

This essay suggests both further amplification of Yamamoto's guidelines for critical race praxis and, more importantly, recommends their application to the analysis and development of progressive race theory itself.

Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw

Animal Law Review

The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent …

One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

U.S. EPA, state legislatures, and state administrative agencies have invested considerable time and money resources to encouraging urban renewal through the redevelopment of contaminated urban properties, called brownfields. These efforts attempt to induce businesses to clean and redevelop brownfields by reducing the numerous environmental barriers to redevelopment, such as the enormous cost of clean-up and threat of immeasurable liability. In this Article, I argue that environmental barriers to redevelopment, although important, are but one piece of a complicated urban redevelopment puzzle. The other pieces, largely missing from existing efforts to encourage redevelopment of brownfields are non-environmental factors, such as size …

Analysing The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this paper is to examine the issue of whether, in light of Congress' actions and the judicial precedents, NEPA should be applied extraterritorially. Section One discusses the extraterritorial application of United States laws in general, the bases supporting the extraterritorial application, and the tests courts have relied upon to determine the appropriateness of extraterritorial application. The section also explores the presumption against extraterritoriality and the logic behind it.

In the second section, the paper addresses the extraterritorial application of NEPA. That sections includes an analysis of the congressional, executive and judicial treatment of the issue. The third …

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Broadening Our World: Citizens And Immigrants Of Color In America, Victor C. Romero

Faculty Scholarship

This article was originally presented at a symposium. The article discusses affirmative action and ways of increasing diversity in higher education.

Controlling Chevron-Based Delegations, Ernest Gellhorn, Paul Verkuil

Cardozo Law Review

No abstract provided.