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Full-Text Articles in Law
Deconstructing Inequality: Cumulative Impacts, Environmental Justice, And Interstate Redevelopment, Lemir Teron
Deconstructing Inequality: Cumulative Impacts, Environmental Justice, And Interstate Redevelopment, Lemir Teron
Richmond Public Interest Law Review
The siting and development of Interstate 81 in Syracuse, New York, similar
to highway projects across the nation, lead to the displacement of Black
Syracusans
and has exposed thousands of remaining residents at heightened
environmental harm. As the interstate is slated to be redeveloped due to age
and safety issues, national attention has focused on the highway as a potential
exemplar for similar projects across the United States. Federal law mandates
that environmental impact analysis be conducted, and due to the prevalence
of marginalized populations, environmental justice impacts are a
critical feature in this assessment. This article evaluates both the …
Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk
Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk
Richmond Public Interest Law Review
The fossil fuel energy system, reinforced by oppressive policies and practices,
has disproportionately harmed poor people, Indigenous people, and
Brown and Black people and driven the global climate crisis. A just transition,
which displaces fossil fuels and redistributes renewable energy resources,
requires policies that are rooted in equity and shift power back to
the hands of the most vulnerable. Just Transition Activists, leaders, organizers,
and changemakers in the just transition movement, must develop transformative
skillsets necessary to radically reimagine our world and dismantle
the current unequal system of law and policy. This analysis explores the
skills, attributes, beliefs, and attitudes …
On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis
On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis
Richmond Public Interest Law Review
Few aspects of life will be spared disruptions attributed to climate change,
but those disruptions will not be evenly distributed or borne. While much
attention is being given to large-scale plans and programs aimed at effectively
and equitably coping with those disruptions, the fact is the burdens and
responsibility of planning and acting are falling mostly on individual families,
businesses, and communities. Those with access to resources and professional
assistance, specifically legal services, will stand a better chance of
adapting and prospering. Those without will likely fare worse—and already
are. In order to get better and more equitable outcomes, it …
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter
Richmond Public Interest Law Review
This article highlights the ongoing lack of diversity in each of the
three major types of environmental organizations—conservation and
preservation organizations, governmental agencies, and environmental
grantmaking foundations—and assesses how this lack of diversity
has historically marginalized people of color. Assessing the history of
how the environmental movement has marginalized people of color is
key because from this marginalization grew the rise of the environmental
justice movement and recognition from the legal system of environmental
issues that disproportionately impacted people of color. Last,
this article presents solutions on how environmental organizations can
increase and retain diversity in their staff and leadership …
Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds
Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds
Richmond Public Interest Law Review
Land is the central foundation around which all life is formed. Therefore,
societies must have a stable connection with the land in order to be structurally
sound. If this connection is weak or inflexible, every building-block of
civilization laid on top of it will inevitably crumble. Some societies have established
stable relationships with the land by working around and responding
to nature’s rhythms in order to satisfy their needs. Whereas other societies
have ignored nature’s intricacies and instead have tried to strong-arm
nature into yielding to their whims. These two diametrically
opposed approaches to conceiving of humans’ relationship with the …
Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham
Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham
Richmond Public Interest Law Review
President Biden proposes to revise the federal rulemaking process to advance
the values of justice and equity. This analysis offers a practical path
forward by adding an equity test to the efficiency test applied to new federal
regulations by the U.S. Office of Management and Budget. This article explores
the feasibility of the proposal with applications to regulation of hazardous
air pollutants and drinking water contaminants. The proposal seeks
to advance the interests of low-income Americans in federal rulemaking, a
subgroup that has received little historical priority in the regulatory impact
analyses prepared by federal regulatory agencies.
Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley
Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley
Richmond Public Interest Law Review
Environmental Justice (or“EJ”) has been recognized as a concept since
at least 1982. After decades of incremental and ineffective efforts by the federal
government, it has become clear that EJ must evolve beyond the concept
stage if it is to be an effective vehicle for social and legal change. At its heart,
EJ is a function of social inequities and environmental harms, and the disproportionate
correlation between those components can no longer be ignored
by state and federal actors. The way forward must be paved with practical
legal solutions and affirmative application of regulatory authority. This
article examines the history …
A Legal Update On Environmental Justice In Virginia: Where Are We Now?, Jasdeep S. Khaira, Patrice Lewis, Abigail Thompson, Scott Foster
A Legal Update On Environmental Justice In Virginia: Where Are We Now?, Jasdeep S. Khaira, Patrice Lewis, Abigail Thompson, Scott Foster
Richmond Public Interest Law Review
Environmental justice (“EJ”) is rapidly evolving in Virginia while people
are still trying to understand what EJ actually means. As a result, regulators
are unsure of how to incorporate environmental justice in their decisionmaking
process while the regulated are uncertain of how to proceed in the
ever-changing political, social, and regulatory landscape. This article gives
an overview of EJ’s evolution in Virginia, synthesizing notable environmental
justice legal decisions; providing supplementary research on environmental
justice studies, workgroups, and reports; and offering several predictions
on EJ’s fate in the Commonwealth.