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Environmental Justice And Information Technologies: Overcoming The Information Access Paradox In Urban Communities, Wendy A. Kellogg, Anjali Mathur Aug 2003

Environmental Justice And Information Technologies: Overcoming The Information Access Paradox In Urban Communities, Wendy A. Kellogg, Anjali Mathur

All Maxine Goodman Levin School of Urban Affairs Publications

Scientific studies and resident testimony suggest that urban residents in low-income and minority communities have been subject to an unequal burden of environmental pollution and inequitable environmental enforcement practices. A key component of the equitable development and implementation of environmental policies is the participation of citizens and community-based organizations in the policy process. Such participation rests upon equitable access to agency-generated environmental information and effective use of that information by citizens. This article focuses on the adoption of Internet technologies by environmental agencies as a mechanism for disseminating information and the implications for low-income and minority residents in urban communities. …


What's Property Got To Do With It?, David M. Driesen Jan 2003

What's Property Got To Do With It?, David M. Driesen

College of Law - Faculty Scholarship

This essay reviews Daniel Cole's "Pollution & Property," a recent book on property rights regimes for pollution control. It questions the utility of property rights typologies as a means of understanding pollution control regimes. The review provides a detailed analysis of the shift of rights that occurs in going from a traditional regulatory program to an emissions trading program. It finds that the shift does not create a fundamentally different property regime and explains precisely what changes. This analysis also explains the meaning of calls to perfect property rights in this context. The review concludes that Professor Cole's book does …


Sustainable Development Principles For East Baton Rouge Parish, Xia Li Jan 2003

Sustainable Development Principles For East Baton Rouge Parish, Xia Li

LSU Master's Theses

This study examines and analyzes the sustainable development indicator data and determines what improvements and recommendations are needed for East Baton Rouge Parish’s development. This thesis has identified methods and indicators for studying sustainable developments, studied patterns of sustainable developments in the East Baton Rouge Parish to identify trends and developed recommendations that would encourage sustainable development in the East Baton Rouge Parish. It forms fourteen sustainable principles that would encourage sustainable development in East Baton Rouge Parish and a framework for a sound development.


Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon Jan 2002

Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …


Pursuing Environmental Justice Through The Courts: An Overview Of The Process And Why It Has Failed, Julie Lynne Hershenberg Oct 2001

Pursuing Environmental Justice Through The Courts: An Overview Of The Process And Why It Has Failed, Julie Lynne Hershenberg

IPED Technical Reports

This project brought together two issues that dominate policy debates in the southwestern U.S. and especially along the United States – Mexico Border; namely, environmental justice, and legal liabilities associated with adverse environmental actions. Both are major implementation problems. In the southwest the issue becomes more problematic as the two-nations meet face-to-face, and the maquiladora industry continues to expand, creating new burdens on an already stressed environment as a result of industrial practices that have not always meet U.S. environmental standards.


Burning And Burying In Connecticut: Are Regional Solutions To Solid Waste Disposal Equitable?, Timothy Black, John A. Stewart Mar 2001

Burning And Burying In Connecticut: Are Regional Solutions To Solid Waste Disposal Equitable?, Timothy Black, John A. Stewart

New England Journal of Public Policy

To comply with federal legislation, states throughout the country are replacing old town dumps with a regional system for municipal solid waste disposal.This system includes trash-to-energy incinerators and ash landfills as well as recycling and reduction facilities. While these new types of facilities are expected to be environmentally safer, they have concentrated the disposal process of waste generated throughout the state in fewer locations. State leaders champion the use of newer, cleaner disposal methods, while local community groups complain that they have become the dumping grounds for the state. This is the first environmental equity study to examine whether these …


Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder Jan 2001

Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder

Saint Louis University Public Law Review

No abstract provided.


Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank Jan 1999

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 Jan 1999

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 …


International Environmental Law : Consumer Environmentalism Versus Environmental Consumerism, Rajendra Kumar Nayak Jan 1999

International Environmental Law : Consumer Environmentalism Versus Environmental Consumerism, Rajendra Kumar Nayak

Research outputs pre 2011

No abstract provided.


Through A Lens Darkly--Superfund Spectacles On Public Participation At Brownfield Sites, Kris Wernstedt, Robert Hersh Mar 1998

Through A Lens Darkly--Superfund Spectacles On Public Participation At Brownfield Sites, Kris Wernstedt, Robert Hersh

RISK: Health, Safety & Environment (1990-2002)

The authors discuss the recent trend in brownfield site development against a backdrop of Superfund experience and explore current barriers to public participation.


An Environmental History Of Fairfield/Wagner Point, Philip Diamond Jan 1998

An Environmental History Of Fairfield/Wagner Point, Philip Diamond

Legal History Publications

This paper traces the history of the Fairfield/Wagner Point peninsula from the beginning of the European settlement to the present, observing the ambitions and dreams of developers and industrial entrepeneurs, the significant contribution the area made to our nation's wartime production in World War II, the rise and fall of the tight-knit workers' communities, the struggles of outside activists and community leaders to better the living conditions of these neighborhoods, and the environmental devastation of the area followed by the attempt to redevelop the area with “green" industry. A 'central strand in this complex and contradictory story will be the …


Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette Jan 1996

Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Based on analysis of a risk assessment for a proposed Louisiana uranium enrichment facility, the authors argue that environmental injustice occurs when assessors' scientific methods cause de facto discrimination.


Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank Jan 1996

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 …


Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus Jan 1993

Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Article is to explore the distributional side of environmental protection and, more particularly, to explain the significance of including environmental justice concerns into the fashioning of environmental protection policy. Unlike earlier legal commentary, hazardous waste facility siting is not this Article's dominant focus. It offers a broader, more systemic, examination of environmental protection laws and policies. The Article is divided into three parts. First, it describes the nature of the problem. This includes a discussion of the varied distributional implications of environmental protection laws, as well as the ways in which racial minorities could receive too …