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Articles 14761 - 14790 of 14887
Full-Text Articles in Entire DC Network
Course Catalogue 1994-1995, Mercer University School Of Law
Course Catalogue 1994-1995, Mercer University School Of Law
Office of the Registrar
No abstract provided.
Resource Law Notes Newsletter, No. 30, Winter Issue, Jan. 1994, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 30, Winter Issue, Jan. 1994, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank
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 …
Table Of Contents (V.11 No.1), Journal Of Contemporary Health Law And Policy
Table Of Contents (V.11 No.1), Journal Of Contemporary Health Law And Policy
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Environmental Justice: The Need For Equal Enforcement And Sound Science, John R. Kyte
Environmental Justice: The Need For Equal Enforcement And Sound Science, John R. Kyte
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Communities Of Color And Hazardous Waste Cleanup: Expanding Public Participation In The Federal Superfund Program, Deeohn Ferri
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 …
Planning, Power And Politics: A Case Study Of The Land Use And Siting History Of The North River Water Pollution Control Plant, Vernice D. Miller
Planning, Power And Politics: A Case Study Of The Land Use And Siting History Of The North River Water Pollution Control Plant, Vernice D. Miller
Fordham Urban Law Journal
This Essay discusses one example of environmental racism in New York City – the planning and construction of the North River Water Pollution Control Plant in West Harlem. This case study of the West Harlem community depicts how race-based land use planning and environmental policy-making transformed West Harlem, one of this city’s most beautiful communities, into a giant dumping ground. Since 1968, the North River Water Pollution Control Plant has irritated the residents of West Harlem. Initially, countless public hearings and community meetings were held to address why this facility was being built in this community. After the Plant was …
Environmental Justice In Rural Communities, Robert B. Wiygul, Sharon Carr Harrington, Florence T. Robinson
Environmental Justice In Rural Communities, Robert B. Wiygul, Sharon Carr Harrington, Florence T. Robinson
West Virginia Law Review
No abstract provided.
Superfund Reauthorization: Impact On State Environmental Enforcement, Gordon J. Johnson
Superfund Reauthorization: Impact On State Environmental Enforcement, Gordon J. Johnson
Fordham Environmental Law Review
No abstract provided.
Toward A Reasonable Allocation Scheme: A Public Interest Perspective On Superfun Reauthorization, Vernice D. Miller
Toward A Reasonable Allocation Scheme: A Public Interest Perspective On Superfun Reauthorization, Vernice D. Miller
Fordham Environmental Law Review
No abstract provided.
On The Road From Environmental Racism To Environmental Justice, Maria Ramirez Fisher
On The Road From Environmental Racism To Environmental Justice, Maria Ramirez Fisher
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Environmental Law And Democratic Legitimacy, Douglas R. Williams
Environmental Law And Democratic Legitimacy, Douglas R. Williams
Duke Environmental Law & Policy Forum
No abstract provided.
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
Fordham Urban Law Journal
This Article takes an approach to the problem of environmental equity that is different from the remedies advocated by the leaders of the environmental equity movement. The plea that the benefits of environmental protection be extended to all groups in society is, of course, a legitimate one, but the movement is too narrowly focused and its aims are too modest. I dissent from the two central premises held by environmental equity advocates. First, the movement assumes that judicially recognized and enforced rights will lead to improved public health. Second, the movement asserts that disadvantaged communities should adopt a “Not in …
Balancing The Scales Of Environmental Justice, Charles J. Mcdermott
Balancing The Scales Of Environmental Justice, Charles J. Mcdermott
Fordham Urban Law Journal
This Essay discusses various ways to weave principles of justice and equity into solving the problem of environmental racism. This Essay also demonstrates the enormous potential of the waste management industry to act as an agent for environmental equity. Part I identifies problems that have led to accusations of environmental racism and conditions that have contributed to the definition of environmental racism. Part II discusses issues of the actual and perceived risks posed by waste treatment facilities, and the need for an understanding of these risks. The Essay next considers the issues raised in siting facilities, and the importance of …
The Visible Spectrum, Nancy E. Anderson, Ph.D
The Visible Spectrum, Nancy E. Anderson, Ph.D
Fordham Urban Law Journal
Today, the national environmental movement is entering a new phase, led by new players, just as the still young environmental protection movement is becoming more politically influential at the local level. The political power of the environmental justice and equity movement and its links with racial and social justice organizations makes its potential impact reach far beyond “NIMBY” (not-in-my-backyard) protests. NIMBY was the first wave of quasi-organized local environmental protests, usually rooted in a single issue. Environmental justice is the next wave, drawing in a broader range of concerns. The focus of this analysis is on how environmental issues are …
Compensated Siting Proposals: Is It Time To Pay Attention?, Vicki Been
Compensated Siting Proposals: Is It Time To Pay Attention?, Vicki Been
Fordham Urban Law Journal
Many proposals to overcome the difficulty of siting locally undesirable land uses (“LULUs”) fairly and efficiently suggest that the problem could be resolved if victims of the siting were adequately compensated for the burdens the LULU imposes. This Article seeks to spur greater attention to the difficult moral and political issues compensation proposals raise by showing that compensation programs are widespread in actual siting practice. It argues that the success of compensation programs, while limited, has been sufficient to ensure that such proposals will continue to be a significant feature of siting programs. It urges those interested in environmental justice …
Environmental Justice And Sustainability: Is There A Critical Nexus In The Case Of Waste Disposal Or Treatment Facility Siting?, Kent E. Portney
Environmental Justice And Sustainability: Is There A Critical Nexus In The Case Of Waste Disposal Or Treatment Facility Siting?, Kent E. Portney
Fordham Urban Law Journal
Over the past ten years, two environmental "movements," have evolved and gained rapidly in both stature and import. One of these, the environmental justice or equity movement, has sensitized Americans to its contention that minority populations and people of lower socio-economic status have disproportionately borne the risks of environmentally impacting events. The other movement, advocating sustainability, focuses on fostering behavior and policies that contribute to economic growth in environmentally responsible ways. In actuality, as will be elaborated later, sustainability has several meaning, which can be categorized in at least three distinct and sometimes even contradictory ways. Any connection between the …
The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D.
The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D.
Fordham Urban Law Journal
Environmental justice is redress for the structures and situations arising from environmental discrimination and, particularly, environmental racism. Environmental discrimination is actions and practices, arising from both individual ideologies and social structures that preserve and reinforce domination of subordinate groups with respect to the environment, while such discrimination with respect to race is environmental racism. Part I of this Essay discusses how environmental injustice is a three-dimensional nexus of economic injustice, social injustice and an unjust incidence of environmental quality, all of which overwhelmingly assures the continued oppression of communities of color and low-income communities on environmental matters. Part II of …
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
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.
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Faculty Publications By Year
No abstract provided.
Foreword, Bruce A. Green
Foreword, Bruce A. Green
Fordham Urban Law Journal
The "Urban Environmental Justice" symposium took place at Fordham University School of Law, and explored how low-income communities and communities of color in our nation’s cities may have been disproportionately burdened by various environmental harms. It considered what should be done about this problem, from the perspectives of civic and citizens’ groups, the government at the federal, state, and city levels, public interest lawyers, corporations, and others. The participants in the March 3rd program represented a variety of backgrounds and experiences. The keynote speaker, Gerald Torres, Counsel to the United States Attorney General, had only weeks earlier been designated to …
The Victims Of Nimby, Michael B. Gerrar
The Victims Of Nimby, Michael B. Gerrar
Fordham Urban Law Journal
Not In My Back Yard, or NIMBY, in its various forms, has three principal types of targets. The first is waste disposal facilities, primarily landfills and incinerators. The second is low-income housing. The third is social service facilities, group homes and shelters for individuals such as the mentally ill, AIDS patients, and the homeless. This Article addresses the issue of the victims of NIMBY, with special reference to the effects of project opposition on racial minorities. Because the effect of facility opposition varies widely with the type of project involved, Part II arrays the types of relevant projects and shows …
Environmental Burdens And Democratic Justice, Gerald Torres
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 …
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Fordham Urban Law Journal
This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …
The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil
The Question Of Risk: Incorporating Community Perceptions Into Environmental Risk Assessments, James S. Freeman, Rachel D. Godsil
Fordham Urban Law Journal
The environmental justice movement has seen some successes. After years of neglect, the federal government and several states are directing legislative and executive efforts towards reforming siting processes and remedying discriminatory enforcement of environmental regulations. Community opposition in general has proved to be quite powerful in some instances. Since the passage of the Resource Conservation and Recovery Act in 1976, there has been only one new siting of a hazardous waste landfill and few new sitings of hazardous waste incinerators. To a lesser extent, municipal solid waste and medical waste incinerators have also been successfully blocked or delayed. However, certain …
Achieving Environmental Justice: The Role Of Occupational Health, George Friedman-Jiménez, M.D.
Achieving Environmental Justice: The Role Of Occupational Health, George Friedman-Jiménez, M.D.
Fordham Urban Law Journal
The current rapidly growing interest in environmental justice is both timely and important. Occupational health is an integral part of assuring environmental justice. Concrete examples of environmental inequity leading directly to unequal health status can be found in occupational health literature and among the patients of occupational health clinics which serve populations that include low wage workers and workers of color. The toxic properties and health effects of many environmental contaminants were originally discovered in workplace settings where workers were repeatedly exposed to high doses of such contaminants. In the future, clinical occupational medicine, occupational epidemiology, occupational toxicology, and occupational …
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Fordham Urban Law Journal
This Article addresses how concepts of race and ethnicity have been operationalized as a basis for defining and locating subpopulations (either explicitly or implicitly) for the purpose of analyzing environmental equity issues, and recommends some future directions. Part II focuses on how subpopulations are currently defined and on some problems encountered to date. The implications of these inconsistencies on the accuracy of health and environmental risk measures for a given subpopulation are addressed. Part III focuses on how spatial areas have been defined to aggregate these subpopulations within confined geographic boundaries.
Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston
Race, Gender, Age, And Disproportionate Impact: What Can We Do About The Failure To Protect The Most Vulnerable?, Samara F. Swanston
Fordham Urban Law Journal
Hard economic times and social conditions are driving a reordering of environmental protection priorities that threatens to sacrifice the most vulnerable groups. Environmental regulatory agencies acknowledge that vulnerable populations face the greatest risk of harm from environmental insult and that these groups are not adequately protected. Although a risk-based prioritization of resources benefits the greatest number of people, such allocation would disadvantage minority communities, which contain disproportionate numbers of sensitive subgroups. Our regulatory bodies must therefore develop new strategies to adequately protect sensitive subgroups identified in minority communities. Part II of this Article looks at some of the considerations that …
Issues Of Community Empowerment, Peggy M. Shepard
Issues Of Community Empowerment, Peggy M. Shepard
Fordham Urban Law Journal
The environmental policies and concerns of local, state, and federal governments have failed to protect their citizens. More particularly, the nation's environmental agenda neglects to account for the urban environmental problems of people of color. This Essay first considers how environmental injustice and racism has impacted the West Harlem community. It next considers some of the particular health implications, such as lead poisoning and asthma, in the Harlem community. The needs of all communities of color and poverty are considered. The response of West Harlem Environmental Action to these needs is examined. Finally, the Essay concludes by briefly examining some …