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Golden Gate University School of Law
Golden Gate University Environmental Law Journal
Alexander v. Sandoval; National Environmental Policy Act; military avoidance of environmental laws;
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An Unfulfilled Promise: How National Security Deference Erodes Environmental Justice, Mccall Baugh
An Unfulfilled Promise: How National Security Deference Erodes Environmental Justice, Mccall Baugh
Golden Gate University Environmental Law Journal
This Comment focuses on two main issues: environmental justice's procedural limitations following Alexander v. Sandoval, and the loopholes within existing environmental legislation as they apply to military activities. In this respect, Richard Armour's famous idiom "hindsight is 20/20" is telling. As long as the military has carte blanche to ignore environmental laws, environmental justice will continue to remain a legal mirage beholden to the government's pecking order of judicial deference. Vague notions of national security and deference to the military wrinkle the fabric of environmental laws that are intended to create safe and healthy communities. Legislators must close loopholes …