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Full-Text Articles in Law
Priorities Of The States For Clean Water Act Reauthorization, J. David Holm
Priorities Of The States For Clean Water Act Reauthorization, J. David Holm
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
16 pages.
Environmental Justice And Title Vi: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank
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 …
Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank
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.
Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod
Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod
Other Publications
No abstract provided.
Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.
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 …
Brownfields Policies For Sustainable Cities, Joel B. Eisen
Brownfields Policies For Sustainable Cities, Joel B. Eisen
Law Faculty Publications
My analysis begins in Part I with a short summary of brownfields law and policy, and a description of our current understanding of "sustainable development." There is no hard and fast definition of the term, but it is increasingly more clear that a body of sustainable development "law" will take shape as the product of a host of decisions made now and in the near future. The optimal way to ensure that brownfields programs mesh with this body of law-whatever it turns out to be-is to incorporate basic norms of sustainable development about which there is widespread agreement. Those agreed-upon …