Digital Commons Network^™

Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster

Faculty Scholarship

Environmental decision-making is undergoing a profound shift. Traditional forums and processes are being displaced by mechanisms emphasizing local, "place-based" decision-making. These emerging decision-making mechanisms are orchestrated through collaborative processes featuring stakeholders from both the public and private sectors. This transformation is evident in a number of recent governmental initiatives, including those by the Environmental Protection Agency ("EPA"), most notably its Community-Based Environmental Protection ("CBEP") initiative. Other federal agencies, particularly those with land or species management responsibilities, have similarly advocated a greater role for local decision-makers and collaborative problem-solving. This Article examines the points of convergence and divergence between devolved collaboration …

Finding A Remedy For Environmental Justice: Using 42 U.S.C. 1983 To Fill In A Title Vi Gap, Joseph Ursic

Case Western Reserve Law Review

No abstract provided.

Refugees Of The 21st Century: Environmental Injustice, Jeanhee Hong

Cornell Journal of Law and Public Policy

No abstract provided.

Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman

University of Colorado Law Review

No abstract provided.

Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this essay is to discuss the past, present, and future of the environmental justice movement as illustrated by the highway between Selma and Montgomery in Alabama and the highway system surrounding the City of Atlanta in neighboring Georgia. The essay is divided into three parts. The first part describes environmental justice, seeking both to place it in a broader historical perspective and to discuss how it relates to civil rights law and environmental law. The second part undertakes a closer examination of the challenges presented by efforts to fashion positive law to address environmental justice norms. This …

Reflections On Environmental Justice, Michael B. Gerrard

Faculty Scholarship

Environmental justice is a very hot topic. Yesterday's New York Times on the front page of the Metropolitan section had a story stating: Mid-Sized Plants Headed to Poor Areas. The story stated, "The Pataki administration acknowledges in its own study that the electric generators that it wants to install around New York City would go into poor heavily minority communities, a finding that supports some of the arguments of the project's opponents. This is quoting an unreleased environmental justice analysis that may or may not be valid, but it certainly shows how hot a topic it is. This morning …

October 2000, Ciel, Handbook On The Office Of The Compliance Advisor Ombudsman , Draft, Center For International Environmental Law

CAO General 1999-Present

No abstract provided.

The Social Costs Of Moving Water In Northern New Mexico, David Benavides

Water and Growth in the West (Summer Conference, June 7-9)

15 pages.

16th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Christopher R. Fitzpatrick, Carl W. Breeding, Timothy J. Hagerty, Marc S. Murphy, Wanda Ballard Repasky, Clinton J. Elliott, Thomas W. Fitzgerald, Dennis J. Conniff, Laura D. Keller, W. Blaine Early, Eric A. Braun, Michael P. Healy, Glenna Jo Curry, James L. Dickinson, W. Patrick Stallard, Richard H. Underwood

Continuing Legal Education Materials

Materials from the 16th Annual Environmental Law Institute held by UK/CLE in May 2000.

Feb. 10. 2000, Draft Comments From S. Langdon, Project Underground, Dft Comments On Cao Operational Guidelines, Shanna Langdon

CAO General 1999-Present

No abstract provided.

Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz

CAO General 1999-Present

No abstract provided.

Building On Brownfields: A Catalyst For Neighborhood Revitalization, Gabriel A. Espinosa

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Patrick Novotny Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of the research files of Patrick Novotny, Professor of Political Science at Georgia Southern University. Materials include booklets, leaflets, newspaper articles, journal articles, and other published materials from 1929-2001. Subjects include environmental justice, 20th century Georgia politics, civil rights, and race relations.

The Patrick Novotny papers formerly consisted of three separate collections titled “Patrick Novotny: Where We Live, Work, and Play, Research Materials, 1973-1979,”“20th Century Georgia Politics Research Materials,” and “Contemporary Sources on the case of U.S. vs. Darby Lumber Co.” Each former collection is now listed as a series here.

Find this collection in the University …

“Environmental Racism! That’S What It Is.”, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this essay, Professor Lazarus discusses former NAACP director the Rev. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." He first justifies this provocative topic choice and then suggests that Chavis's allegation has transformed environmental law. Professor Lazarus next discusses the details of this transformation, arguing that Rev. Chavis has essentially reshaped the way environmental law and justice are conceived. He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. Finally, the conclusion provides some of the author's ruminations about the future of environmental law and policy.

Trends In The Supply And Demand For Environmental Lawyers, Michael B. Gerrard

Faculty Scholarship

The boom times for environmental lawyers were the late 1980s and the early 1990s. The June 1990 issue of Money magazine called environmental law a "fast-track career." Two or three years of experience with the U.S. Environmental Protection Agency (EPA), a state environmental agency, the environmental units of the Justice Department, or a state attorney general's office were a ticket to a high-paying job in the private sector. Law students were clamoring to enter the field and law firms were scrambling to find experienced environmental lawyers, or to recycle newly underemployed antitrust lawyers into this burgeoning field.

Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard

Faculty Scholarship

There are 3,119,963 square miles in the continental United States. That sounds like plenty of space to put just about anything. However, when the facility seeking a home is environmentally controversial, finding even one square mile can seem almost impossible.

This country is now in its third major era in making siting decisions. The first era – unconstrained siting – lasted until the late 1960s. Then began the second era – protecting natural areas. In the early 1990s, we embarked upon a third era – environmental justice. The growing tensions between protecting natural areas and achieving environmental justice suggest that …

Qualitative And Quantitative Of Land-Use Managers' Attitudes Towards Environmental Justice, David O. Padgett, Nikitah O. Imani

Black Studies Faculty Publications

On 11 February 1994, President Clinton signed Executive Order 12898 ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.’’ Under the order, 17 federal agencies and offices are required to compile information about the race, national origin, and income of populations in close proximity to federal facilities that may have a significant effect upon ecosystem and human health. The goal is to protect historically disenfranchised groups from being disproportionately impacted by negative externalities associated with federal actions.

This study examines the outcome of efforts to educate federal land-use managers about their roles in implementing the Executive Order …

Oct. 29, 1999, Ciel Commentary On The 1999 Draft Cao Operational Guidelines, (On Draft, V.7), D. Hunter & C. Saladin, David Hunter, C. Saladin

CAO General 1999-Present

No abstract provided.

The Co-Evolution Of Sustainable Development And Environmental Justice: Cooperation, Then Competition, Then Conflict, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.

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

Duke Environmental Law & Policy Forum

No abstract provided.

Pollution Trading And Environmental Injustice: Los Angeles’ Failed Experiment In Air Quality Policy, Richard Toshiyuki Drury, Michael E. Belliveau, J. Scott Kuhn, Shipra Bansal

Duke Environmental Law & Policy Forum

No abstract provided.

Land Development And Biotechnology At The Claremont Colleges, Paul Faulstich

Pitzer Faculty Publications and Research

Founded on the Oxford model of a cluster of institutions, the Claremont Colleges has periodically established a new school. In the Spring of 1997, the Board of Fellows of the Claremont University Center charged with policy-making for the consortium-voted to establish a seventh college; the Keck Graduate Institute of applied life sciences. or bioengineering. Despite other landholdings, including a golf course and a non-operational gravel quarry, the Board of Fellows voted to site the New Venture on a portion-approximately eleven acres--of the Bernard Biological Field Station. (Pitzer's vote was cast against building on the Field Station.)

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.

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 …

Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.

Journal Publications

Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …

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

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Oct. 29, 1998 (Faxed), A. Umana, Statement On Retiring From Wbip, Alvaro Umana

CAO Creation Pre-1999

No abstract provided.

Sept. 24, 1998, Initial Cao Terms Of Reference As Proposed By J. Wolfensohn W Margin Notes From D. Hunter, Cao

CAO Creation Pre-1999

At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).

An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park

Indiana Journal of Global Legal Studies

No abstract provided.