Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to higher property values and rents in an uncontrolled market. Third, gentrification leads to a shift in the demographics of a neighborhood. This shift can change not only the socioeconomic and racial composition of the area but also the community's character, as residential and commercial options begin to reflect the preferences of the …

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Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert Jan 2019

Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert

University of Colorado Law Review

Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing to projects that disproportionately pollute minority communities, allegedly in violation of Title VI disparate impact regulations. These dismissals are effectively final, as trends in civil rights jurisprudence have essentially foreclosed would-be litigants' opportunities for meaningful judicial review. Their last remaining avenue for recourse is to trigger an arbitrary and capricious review of agency actions, but the …

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New Materialism: An Ontology For The Anthropocene, Melinda Harm Benson Jan 2019

New Materialism: An Ontology For The Anthropocene, Melinda Harm Benson

Natural Resources Journal

This article argues that the Anthropocene is not simply a new geologic epoch; it is an opportunity to embrace a new ontology. In it, we can reconfigure our orientation to the material world. The current, dominant ontology casts humans as villains responsible for mass extinctions, polluted oceans, and climate change. This ontology reinforces a familiar binary—one in which humans are separate from and doing things to nature. Humans are ruining the planet, causing it to fundamentally change in ways that are not “natural” precisely because humans are the agent of change. This view is perhaps best described by environmentalist Bill …

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More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun Jan 2019

More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun

Michigan Law Review

This year marks the centennial of the Migratory Bird Treaty Act, one of the oldest environmental regulatory statutes in the United States. It is illegal to “take” or “kill” any migratory bird covered by the Act. But many of the economic and industrial assumptions that undergirded the Act in 1918 have changed dramatically. Although it is undisputed that hunting protected birds is prohibited, circuit courts split on whether so-called “incidental takings” fall within the scope of the Act. The uncertainty inherent in this disagreement harms public and private interests alike—not to mention migratory birds. Many of the most important environmental …

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