Environmental Law Commons^™

Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz

CAO General 1999-Present

No abstract provided.

Building On Brownfields: A Catalyst For Neighborhood Revitalization, Gabriel A. Espinosa

Villanova Environmental Law Journal (1991 - )

No abstract provided.

“Environmental Racism! That’S What It Is.”, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this essay, Professor Lazarus discusses former NAACP director the Rev. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." He first justifies this provocative topic choice and then suggests that Chavis's allegation has transformed environmental law. Professor Lazarus next discusses the details of this transformation, arguing that Rev. Chavis has essentially reshaped the way environmental law and justice are conceived. He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. Finally, the conclusion provides some of the author's ruminations about the future of environmental law and policy.

Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard

Faculty Scholarship

There are 3,119,963 square miles in the continental United States. That sounds like plenty of space to put just about anything. However, when the facility seeking a home is environmentally controversial, finding even one square mile can seem almost impossible.

This country is now in its third major era in making siting decisions. The first era – unconstrained siting – lasted until the late 1960s. Then began the second era – protecting natural areas. In the early 1990s, we embarked upon a third era – environmental justice. The growing tensions between protecting natural areas and achieving environmental justice suggest that …

Trends In The Supply And Demand For Environmental Lawyers, Michael B. Gerrard

Faculty Scholarship

The boom times for environmental lawyers were the late 1980s and the early 1990s. The June 1990 issue of Money magazine called environmental law a "fast-track career." Two or three years of experience with the U.S. Environmental Protection Agency (EPA), a state environmental agency, the environmental units of the Justice Department, or a state attorney general's office were a ticket to a high-paying job in the private sector. Law students were clamoring to enter the field and law firms were scrambling to find experienced environmental lawyers, or to recycle newly underemployed antitrust lawyers into this burgeoning field.

Oct. 29, 1999, Ciel Commentary On The 1999 Draft Cao Operational Guidelines, (On Draft, V.7), D. Hunter & C. Saladin, David Hunter, C. Saladin

CAO General 1999-Present

No abstract provided.

The Co-Evolution Of Sustainable Development And Environmental Justice: Cooperation, Then Competition, Then Conflict, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.

Pollution Trading And Environmental Injustice: Los Angeles’ Failed Experiment In Air Quality Policy, Richard Toshiyuki Drury, Michael E. Belliveau, J. Scott Kuhn, Shipra Bansal

Duke Environmental Law & Policy Forum

No abstract provided.

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.

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Analysing The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this paper is to examine the issue of whether, in light of Congress' actions and the judicial precedents, NEPA should be applied extraterritorially. Section One discusses the extraterritorial application of United States laws in general, the bases supporting the extraterritorial application, and the tests courts have relied upon to determine the appropriateness of extraterritorial application. The section also explores the presumption against extraterritoriality and the logic behind it.

In the second section, the paper addresses the extraterritorial application of NEPA. That sections includes an analysis of the congressional, executive and judicial treatment of the issue. The third …

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 …

Oct. 29, 1998 (Faxed), A. Umana, Statement On Retiring From Wbip, Alvaro Umana

CAO Creation Pre-1999

No abstract provided.

Sept. 24, 1998, Initial Cao Terms Of Reference As Proposed By J. Wolfensohn W Margin Notes From D. Hunter, Cao

CAO Creation Pre-1999

At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).

An Examination Of International Environmental Racism Through The Lens Of Transboundary Movement Of Hazardous Wastes, Rozelia S. Park

Indiana Journal of Global Legal Studies

No abstract provided.

Public Wrongs, Private Rights: Private Attorneys General For Civil Rights, Gilbert Paul Carrasco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Demons And Angels In Hazardous Waste Regulation: Are Justice, Efficiency, And Democracy Reconcilable?, Michael B. Gerrard

Faculty Scholarship

The Superfund program is perhaps environmental law's best Rorschach test, in which those who write about the national effort to clean up contaminated sites disclose as much about their own philosophies of justice, democracy, and economic efficiency as about environmental legislation. The ten books reviewed here show deep conflicts among these values. I argue, based on these disparate judgments, that many of the Superfund debates have an almost religious character. The law has been shaped to fit the view that demonic polluters were, and remain, at work. The law also reflects a sense of higher duty to future generations – …

Environmental Racism And Locally Undesirable Land Uses: A Critique Of Environmental Justice Theories And Remedies, Daniel Kevin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environmental Justice: A Survey Of Federal And State Responses, Carolyn Graham, Jennifer B. Grills

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand

Michigan Journal of Race and Law

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.

Environmental Injustice: Evidence And Economic Implications, Heidi Y. Willers

University Avenue Undergraduate Journal of Economics

Some economic analyses find evidence of environmental injustice--minorities and/or low-income persons are exposed to environmental dangers (locally undesirable land uses, or LULUs) more than their non-minority or more affluent counterparts. Such inefficient allocations result from a violation of perfect property rights. This paper does not determine efficient levels of various environmental dangers, but rather examines and compares several studies in an effort to find a consensus among researchers. No consensus emerges, as differences in research techniques prevent consistent results from being found. Future research must have well-defined methodologies before it can be effectively used by policy makers.

Environmental Justice: A Growing Union, John Douglas Moore

West Virginia Law Review

No abstract provided.

Environmental Justice And The Teaching Of Environmental Law, Richard Lazarus

West Virginia Law Review

No abstract provided.

Market Dynamics And The Siting Of Lulus: Questions To Raise In The Classroom About Existing Research, Vicki Been

West Virginia Law Review

No abstract provided.

Environmental Racism And Invisible Communities, Robert D. Bullard

West Virginia Law Review

No abstract provided.

Environmental Justice/Racism/Equity: Can We Talk, Marc R. Poirier

West Virginia Law Review

No abstract provided.

Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord

West Virginia Law Review

No abstract provided.

Equity As The Basis Of Implementing Sustainability: An Exploratory Essay, Robert W. Collin, Robin Morris Collin

West Virginia Law Review

No abstract provided.

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Hill Rivkin

West Virginia Law Review

No abstract provided.