Digital Commons Network^™

Ossification’S Demise? An Empirical Analysis Of Epa Rulemaking From 2001-2005,, Stephen M. Johnson

Articles

For more than a decade, academics have suggested agencies are increasingly avoiding notice and comment rulemaking because the process has become “ossified” by procedures imposed by Congress, courts and the Executive Branch, and because the rules ultimately issued by agencies are frequently challenged. This article reviews the rules the United States Environmental Protection Agency (EPA) issued between 2001 and 2005 to determine the validity of those criticisms. With regard to judicial challenges, 75% of EPA’s most important (“economically significant”) rules issued between 2001 and 2005 were challenged in court. This is consistent with the anecdotal claims of former EPA Administrators …

Stormwater Runoff, Combined Sewer Overflow, And Environmental Justice In The Bronx, Natalie Collao

Student Theses 2001-2013

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An Environmental Justice Analysis: Superfund Sites And Surrounding Communities In Illinois, Angela Maranville, Tih-Fen Ting, Yang Zhang

Faculty & Staff Scholarship

Is there an association between Superfund sites and the socioeconomic makeup of the surrounding communities? This research analyzes the current economic and racial demographics of Illinois counties that contain Superfund sites. Specifically, variables that are indicators of environmental injustice are analyzed; e.g. race, median household income, and home ownership. Since the inception of the environmental justice movement in the late 1980s, studies have been conducted nationally and at state levels in Michigan, California, Ohio, Florida, Texas, and South Carolina (i.e. Cutter 2006; Mohai & Saha 2006; Pastor et al. 2004; Anderton et al. 1997; Bevc et al. 2007; Bowen et …

Noticias De Naccs, Vol. 37, No. 1, Pre-Conference 2008, National Association For Chicana And Chicano Studies

Noticias de NACCS Newsletter

No abstract provided.

Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley

Scholarly Works

No abstract provided.

Twenty-Fifth Anniversary Cumulative Index, Journal Of Contemporary Health Law And Policy

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

Rethinking Empowerment: Collective Action As Intervention With Women, Melissa Liberty Darnell

Theses Digitization Project

This study explores women's feelings of empowerment that result from participating in collective action events. The study contributes to the growing body of social work scholarship on empowerment practice by identifying and describing the specific variables that may contribute to or enhance empowerment feelings in women as a result of collective action participation.

Law Clinics And Collective Mobilization, Sameer Ashar

Publications and Research

No abstract provided.

Why Economics Does Not An Ethics Make: A Case Study, Ashley Busch, Kathryn Gazzo, Linda Harris, Louis Suffredini, Joseph Woelkers, Dathan Auerbach, Nicholas Cudd, Nicole Kuwik, Sara Tarter, Brandon Brace, Christine Crespo, Matthew Groves, Willis Mccollum, Cheryl Pakidis, Jesshelle Thomas, Matthew Van Singel, Clifford Arnold, Wendi Brooks, Virginia Chamlee, Katrina Norbom, William Ourand, Joseph Goosey, Andrew Mizell, Vance Reiman

All Volumes (2001-2008)

This essay is a multidisciplinary case study of environmental injustice. It demonstrates that misuse of the environment can ultimately impact humans unjustly and further that attempts to remediate injustice in one area merely shifts the burden of injustice to others. After providing the historical, sociological and scientific facts surrounding the 50-acre site, an ethical assessment is presented. It was determined that the actors in this case study were not employing any ethical valuing in their decision making process, but rather relied upon economic values to make their choices. The authors then suggest that judging them from within their own economic …

Where's The Kale? Environmental Availability Of Fruits And Vegetables In Two Racially Dissimilar Communities, Edith M. Williams, Bamidele O. Tayo, Beverly Marie Mclean, Ellen Smit, Christopher T. Sempos, Carlos J. Crespo

Community Health Faculty Publications and Presentations

Minority communities across the United States have limited numbers of stores that offer a variety of fruits and vegetables, creating major barriers to good eating habits and nutritional practices among minority groups such as African Americans. Factors like environmental availability of healthy food options have not been fully investigated as possible sources of current cross-population differences in disease. The present study examined whether a predominantly African American neighborhood had disproportionately less availability of fruits and vegetables than a predominantly non-Hispanic White neighborhood. Availability was judged on the bases of the types of stores available in each community and the specific …

The Ties That Bind: Indigenous Peoples And Environmental Governance, Benjamin J. Richardson

Comparative Research in Law & Political Economy

Canvassing practices in many countries, this chapter analyses the relationships between Indigenous peoples and environmental governance. It examines the environmental values and practices of Indigenous peoples, primarily in order to assess their implications for the Indigenous stake in environmental governance. It identifies at least six major theories or perspectives concerning Indigenous environmental values and practices. Secondly, the chapter reviews the legal norms and governance tools that structure Indigenous involvement in environmental management, in order to assess their relative value for Indigenous stakeholders and implications for sustainable utilisation of natural resources.

Environmental Justice In Canada: The Statistical Correlation Between Socioeconomic Status And Pollution In Five Major Canadian Cities, Nilima Bhoi

Digitized Theses

This thesis explores the existence of environmental injustice in five Canadian census metropolitan areas (CMA): Edmonton, London, Montreal, Toronto and Victoria. Spatial/distributive environmental injustice refers to situations where specific, already disadvantaged, groups bear a disproportionate share of pollution exposure. Several studies in the United States have found that pollution is often more prevalent in areas that are predominantly low income backgrounds or are visible minorities (UCC, 1987; Mohai and Bryant, 1992; Szasz and Meuser, 1997; Ringquist, 2005). Though there are limitations to the ecological approach typically used in these cases, important lessons from the US research (e.g., Bowen, 2000; Maantay …

Epistemological Pluralism: Reorganizing Interdisciplinary Research, Thaddeus R. Miller, Timothy D. Baird, Caitlin M. Littlefield, Gary Kofinas, F. Stuart Chapin, Iii, Charles L. Redman

All UNF Research

Despite progress in interdisciplinary research, difficulties remain. In this paper, we argue that scholars, educators, and practitioners need to critically rethink the ways in which interdisciplinary research and training are conducted. We present epistemological pluralism as an approach for conducting innovative, collaborative research and study. Epistemological pluralism recognizes that, in any given research context, there may be several valuable ways of knowing, and that accommodating this plurality can lead to more successful integrated study. This approach is particularly useful in the study and management of social–ecological systems. Through resilience theory's adaptive cycle, we demonstrate how a focus on epistemological pluralism …

Communities And Water Markets: A Review Of The Model Water Transfer Act, Santos Gomez, Penn Loh

UC Law Environmental Journal

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.

Linkage Of The Us National Health Interview Survey To Air Monitoring Data: An Evaluation Of Different Strategies, Jennifer D. Parker, Tracey Woodruff, Lara J. Akinbami, Natalyia Kravets

United States Environmental Protection Agency: Publications

The goal of this study is to describe linkages between the National Health Interview Survey (NHIS) and Environmental Protection Agency (EPA) air monitoring data, specifically how the linkage method affects characteristics and exposure estimates of study samples and estimated associations between exposure and health. In the USA, nationally representative health data are collected in the NHIS and annual air quality data are collected by the EPA. The linkage of these data for research is not straightforward and the choices made may introduce bias into results. The 2000–2003 NHIS and air quality data for six air pollutants were linked by residential …

Foreword Latcrit Xii - The Critical Locality And The Processes Of Community, Charles R.P. Pouncy

St. Thomas Law Review

The foreword to each annual LatCrit Conference Symposium is a document that generally attempts to situate the current Symposium within the parameters of LatCrit and outsider jurisprudence discourse. In addition to examining the role that the current Symposium plays in the elaboration of LatCrit theory and praxis, part of the task of the foreword calls for reflection on the evolution of the LatCrit project and its future development. This foreword will examine the relationship of the Symposium contributions to the themes of LatCrit XII and to the perennial issues that LatCrit conferences and theory attempt to engage. This foreword, however, …

Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins

Northwestern Journal of Law & Social Policy

This article examines the Chicago Brownfields Initiative and its effect on the communities in which brownfield redevelopment has already occurred. After examining the many federal, state, and local brownfields programs, it critically examines both the successes and concerns of the Chicago Brownfields Initiative. The successes include job creation and retention, residential redevelopment, improvements to quality of life, services and amenities provided, encouragement of additional investment, increased tax revenues for local governments, and increased environmental health and safety. The concerns include whether the jobs generated benefit the members of the brownfield communities, whether the new services and improvements benefit members of …

Catfish Consumption As A Contributor To Elevated Pcb Levels In A Non-Hispanic Black Subpopulation, Max Weintraub, Linda S. Birnbaum

United States Environmental Protection Agency: Publications

The human body burden of polychlorinated biphenyls (PCBs) sharply declined after production was banned in the US in 1979. For the 10% of the US population that remains most exposed to PCBs, fish consumption is the primary source. National Health and Nutrition Examination Survey (NHANES) data indicates that the highest remaining PCB levels exist in a non-Hispanic black subpopulation. Our review suggests that catfish consumption may be a significant PCB source for the one million non-Hispanic black anglers who fish for catfish. In comparison to non-Hispanic white anglers, non-Hispanic black anglers consume more catfish, are more likely to eat the …

The Aridity Of Grace: Community And Ecofeminism In Barbara Kingsolver's Animal Dreams And Prodigal Summer, Richard M. Magee

English Faculty Publications

In both Animal Dreams and her later novel Prodigal Summer, Kingsolver constructs narratives of community inhabited by characters with a vivid awareness of the natural world and the threats to that world; furthermore, both novels feature strong female characters who long for a more harmonious life within nature. The novels develop and present forthright ecofeminist themes, with the women in the texts representing ideals of ecologically sensitive living who seek to educate their communities about threats to the environment and the defenses against those threats.

Kingsolver's ecofeminist vision, however, is frequently complicated and contradictory; just as the desert landscape …

The Preferential Option For The Poor: An Opportunity And A Challenge For Environmental Decision Making, Lucia A. Silecchia

Scholarly Articles

The doctrine of 'the preferential option for the poor' has deep roots in Catholic social thought. It proposes that the needs of the poorest and most vulnerable be given priority when creating and evaluating public policies, actions, and attitudes. More recently, the obligation to care for natural environment in an ethical way has been gaining more attention both in the secular world as well as among Catholic scholars who seek to explore the scope of human responsibility for the created world. This paper explores the intersection of the preferential option for the poor and environmental ethics. After a general discussion …

Why We Do The Things We Do?: The Role Of Ethics In Water Resource Planning, Amy Hardberger

Santa Clara Journal of International Law

In “Why We Do The Things We Do?: The Role of Ethics in Water Resource Planning”, author Amy Hardberger discusses the role of ethics in political decision making and how ethics can and should impact water planning. She explores the current landscape of ethics in the political decision making processes by evaluating both domestic and international law.

In this four part article, Hardberger describes the role of ethics in decision making and gives an overview of ethics, including the sources of modern ethics and how these theories apply to water planning. Next, she focuses on applying the ethical theories to …

Why We Do The Things We Do? The Role Of Ethics In Water Resource Planning, Amy Hardberger

Faculty Articles

Water provides a natural framework in the role of ethics because ethical issues are present in every facet of water management. The value of water and the creation of ethics dictate decisions regarding water resource management. Value can be assessed from factors including happiness, well-being, or intrinsic value. Once a value is assessed, obligations that dictate actions regarding this issue are generated, and an ethic is created.

Various domestic and international policies have, both explicitly and implicitly, called for a human right to water. The presence of domestic and international policies that recognize or protect a person’s right to water …

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Comparative Research in Law & Political Economy

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …

The Blood Of Going Green: Using Environmental Initiatives To Account For The Human Rights Violations Of The Green Movement, Noushin Ketabi

Fordham International Law Journal

Part I of this Note first illustrates the science of climate change and the push for biofuel development. Next, this Note uses human rights to define the problems associated with biofuel development in Brazil, Argentina and Paraguay, and introduces the environmental law framework that can address these human rights violation. Part II details the main human rights violations in Brazil, Argentina, and Paraguay occurring at the hands of the soy industry, and surveys the main existing certification proposals that attempt to mitigate social and environmental abuses. Finally, Part III proposes ways that developed countries can collectively mitigate the negative human …

John E. Thorson, Sarah Britton, And Bonnie G. Colby Eds., Tribal Water Rights: Essays In Contemporary Law, Policy, And Economics, Kate William-Shuck

Water Law Review

No abstract provided.

The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Implementation And Enforcement Of Public Participation In The Environmental Impact Assessment Process In Malaysia / Farah Mohd Shahwahid, Mohd Shahwahid Farah

Student Works (2000-2009)

The Environmental Impact Assessment (EIA) has been established as a mandatory requirement in Malaysia with the introduction of Section 34A to the Environmental Quality Act 197 4(EQA) and its subsidiary legislation Environment Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987. This study critically examines the implementation and enforcement of public participation in the Malaysian EIA process. This is done by reviewing the provisions in the EIA laws and guidelines, court decisions on public participation as well as information gathered from the stakeholders interview

The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black

Faculty Publications

This Article addresses whether a cause of action exists under federal statutes to challenge gender and racial inequity in federally funded programs. The question has widespread ramifications because Congress appropriates funds to millions of programs that are subject to these statutes. The Court has held that the only cause of action that exists under these statutes is for intentional discrimination, but in a series of recent cases the Court has developed a framework that broadens the concept of intentional discrimination. Unfortunately, lower courts have focused on older and narrower interpretations of intentional discrimination without accounting for the more complex nuances …

Pareto Negativity: The Enemy Of My Enemy Is Not Necessarily My Friend - Latin Leadership, Coalition Building, And Predatory Globalization, Becky L. Jacobs

St. Thomas Law Review

This Essay is based on my presentation at the LatCrit VII conference, which was part of a panel discussion on Coalition Building, Globally and Locally. The purpose of the presentation and of this Essay is to reflect upon the significant role of Latin civil society organizations ("CSOs"), not only in that region's political, social and economic development of other regions, but also in the historical trajectory of the U.S. As I prepared my remarks and noted the achievements of Latin CSOs, I began to question why there are so few Latino and Latina leaders in transnational CSOs and in the …