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"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen Jan 1996

"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 …

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Environmental Justice And Discriminatory Siting: Risk-Based Representation And Equitable Compensation, Bradford Mank Jan 1995

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 …

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Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen Jan 1995

Toward A Sustainable Urbanism: Lessons From Federal Regulation Of Urban Stormwater Runoff, Joel B. Eisen

Law Faculty Publications

This Article focuses on the particularly vexing challenge of forging a sustainable urbanism in Edge Cities and analyzes regulatory attempts to control urban stormwater runoff. If our task is to "describe the natural world and to evaluate our actions toward it in ways that presuppose ... [a] community between nature and mankind," we must also characterize and address this source of considerable pollution, which originates from thousands of dispersed locations. Unfortunately, environmental protection efforts have only begun to address the pollution of urban stormwater runoffs. Parts II and III of this Article detail these largely unsuccessful attempts and conclude that …

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A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate Jan 1995

A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

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What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank Jan 1994

What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank

Faculty Articles and Other Publications

Section 112 of the Clean Air Act (the Act) governs the regulation of hazardous air pollutants. From 1970 to 1990, the statute required the United States Environmental Protection Agency (EPA) to regulate hazardous air pollutants on a pollutant-by-pollutant basis. Environmental policy analysts generally acknowledge that this approach failed due to scientific uncertainties and unclear direction from Congress on how the EPA should balance the competing concerns of cost and safety. In an effort to improve the Act's effectiveness, Congress passed the 1990 Amendments (the Amendments) to the Act, which established a two-phased approach to regulation. First, subsection 112(d) requires the …

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Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri Jan 1994

Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri

Fordham Urban Law Journal

Superfund is the nation's program to clean up the most dangerous hazardous waste sites. The Superfund law mandates that parties responsible for hazardous waste sites (i.e., waste generators, site owners, site operators, and waste transporters) shall be financially liable for cleaning them. If responsible parties cannot be located, are unable to perform cleanups, or refuse to do so, EPA can conduct the cleanup action and seek recovery of associated costs from these delinquent parties. As the Superfund reauthorization effort ensues, it is clear that few unequivocally applaud past Superfund performance. Collectively, communities, industry, and government are critical about whether the …

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States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell Jan 1994

States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell

Scholarly Publications

No abstract provided.

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Environmental Burdens And Democratic Justice, Gerald Torres Jan 1994

Environmental Burdens And Democratic Justice, Gerald Torres

Fordham Urban Law Journal

To date, however, there has been relatively little academic discussion about how EPA and other federal agencies can achieve environmental justice. In addition, most legal academic literature has focused either on simply identifying the legal issues associated with race and environmental law or on developing a litigation strategy for remedying “environmental racism.” None of the legal academic literature has focused on the benefits of using an administrative framework to define or develop sustainable solutions to the distributional inequities of environmental laws. The purpose of this Article is to explain the benefits of pursuing an administrative model for change. Unlike other …

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Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster Jan 1993

Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster

Faculty Scholarship

The essays contained in Race and the Incidence of Environmental Hazards: A Time For Discourse and the recent report by the United States Environmental Protection Agency (EPA), Environmental Equity: Reducing Risk For All Communities represent what appears to be a remarkable consensus that low-income and minority communities bear a disproportionate share of environmental exposures and health risks. These two works also reflect the synergy of efforts by various elements of both the traditional civil rights and mainstream environmental movements to address issues of "environmental racism." Indeed, the current "environmental justice," or "environmental equity,"' movement is a combined effort of grassroots …

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Statement Of Congressman Mickey Leland Press Conference - Air Toxins Mar 1989

Statement Of Congressman Mickey Leland Press Conference - Air Toxins

Mickey Leland Archive Documents

No abstract provided.

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