Project Updates
Law School Essay Competition
2004 Essay Competition
Protecting cultural/sacred tribal
resources on federal lands
2003 Essay Competition
The winners are:
Private Bar Commitment
to Environmental Justice
Law School Syllabus
Feature Case
Anne Rajotte
Aguinda v. Texaco, Inc., 303
F.3d 470 (2nd Cir. 2003) (dismissing a case brought by Ecuadorian
and Peruvian indigenous people against Texaco for forum nonconviens,
the Second Circuit, however, set precedent finding that any judgment
that might be entered against Texaco by an Ecuadorian court would
be recognized and enforceable in the United States).
More…
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Online
Documents
Previous
Newsletters
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Chair's Corner
Nicholas Targ |
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| Welcome
to the Environmental Justice Committee's Fall Newsletter. This edition
highlights the work of states and includes, for download, our new
report "Environmental
Justice for All: A 50-State Survey of Legislation, Policy, and Initiatives."
Developed through a collaborative effort with the Public Law Research
Institute of Hastings College of the Law, this report documents the
legal and policy approaches that the states have taken to give force
of law or policy to "environmental justice."
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State Approaches to Environmental Justice
Ann Goode |
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| Research
conducted by the National Academy of Public Administration (NAPA)
on four state's environmental justice programs (Indiana, Florida,
New Jersey, and California) reveals encouraging signs of progress
in a number of areas. However, panel's framework for the review, which
included leadership and accountability, permitting, setting priorities
to reduce pollution, and public participation, showed variability
in the performance of each state. Significantly, NAPA found that considerable
additional efforts are needed to: (1) strengthen leadership;
(2) move toward a performance-based approach to measure and achieve
results; (3) integrate more fully environmental justice into core
state programs; (4) expand and improve the public participation process;
and (5) improve the use of current legal authorities to address environmental
justice. More… |
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Practice &
Policy
Using California's Anti-Discrimination Law to Remedy Environmental
Injustice
Clifford Rechtschaffen |
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Since
the mid-1990’s environmental justice advocates have brought actions
under Title VI of the Civil Rights Act of 1964 against states and
municipalities, both before the Environmental Protection Agency
and Federal Courts. Results have largely been disappointing,
and recent Supreme Court cases pose new obstacles to standing. In
California, however, the landscape may be brighter for civil rights
claims. State anti-discrimination law since 1980 has provided an
analogue to Title VI’s disparate impact regulations. Moreover,
as a result of recent statutory amendments, a private right exists
to enforce these regulations, and the regulations apply directly
to state agencies. Thus, California law provides, at least with
respect to state funded and state agency activities, a remedy that
no longer exists under Title VI after Sandoval.
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State Supplemental Environmental Project
Laws and Policies that Address Environmental Justice
Selket Cottle |
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| Supplemental
Environmental Projects (SEPs) have long been used by the United States
Environmental Protection Agency (USEPA) to address issues of environmental
justice. States are now taking EPA's lead. Eight states have enacted
SEP legislation. Moreover, at least, 6 States consider environmental
justice or demographics in their respective SEP legislation, directives,
or policies. As states gain greater familiarity with SEPs and their
use to address environmental justice situation, it is likely that
that this number will increase.
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