Project Updates
Law
School Essay Competition
Private Bar Commitment to Environmental
Justice
Law School Syllabus
Feature Case
Michael M. Daniel and Laura B.
Beshara
Miller v. City of Dallas, 2002 U.S. Dist. LEXIS
2341 (N.D. Tex. 2002)(finding that historical evidence of purposeful
racial segregation and present day evidence of the continuing effects of
that segregation was sufficient to permit a reasonable trier of fact to
find racially discriminatory intent in a wide range of City policies
towards minority communities). More…
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Updates
Litigation
Regulatory
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Online Documents
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Chair's Corner
Nicholas Targ |
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| Welcome
to the first edition of the Environmental Justice Committee's newsletter.
We hope that you will find it useful and engaging. We designed
the newsletter to provide timely information to practitioners, to
increase the level of informed discourse around the issue, and to
assist those confronting environmental justice issues, whether communities,
industry, government or tribal. The newsletter also provides a vehicle
for ABA members to join the Section and to participate in Committee
activities. More…
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ON THE EVE OF THE SECOND NATIONAL PEOPLE OF
COLOR ENVIRONMENTAL LEADERSHIP SUMMIT: A RETROSPECTIVE
Charles Lee |
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| Nearly
two decades ago, a loose alliance of community-based activists, church-based
civil rights leaders, and academic researchers began to systematically
examine and develop proactive strategies to address issues of environmental
contamination in people of color and poor communities. At that
time, issues reflecting the nexus of race, poverty and environmental
quality did not have a name. These past two decades have witnessed
the transformation of these issues from something which did not have
a name to that of “environmental justice.”
More… |
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Practice &
Policy
Use
of Supplemental Environmental Projects to Address Environmental
Justice
Meredith L. Flax
and Benjamin F. Wilson |
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Supplemental Environmental Projects (“SEPs”) are
an underutilized mechanism that governments, corporations, and developers
(“defendants”) can use to right environmental injustice in the course
of settling a penalty action by the United States Environmental
Protection Agency (“EPA”). Although in other circumstances EPA,
defendants, and local communities may be on opposite sides of the
bargaining table, in certain circumstances, SEPs provide these groups
a win-win opportunity to benefit the health and environment of minority
and low-income communities. This article presents a basic overview
of the relationship between SEPs and environmental justice, provides
some examples of SEPs used to foster environmental justice, and
ends with some practical suggestions on what EPA, defendants, and
local communities can do to better utilize the SEP mechanism. More...
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Title VI after South Camden and Sandoval, A Primer
Mary O’Lone |
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| On July 2, 1964, Congress
enacted the Civil Rights Act of 1964, the most comprehensive civil
rights legislation since Reconstruction. 42 U.S.C. § 2000 et seq.
Congress charged Federal agencies with the duty to “demolish . . .
segregation and discrimination” which “experience has shown, can be
dismantled only with the leadership and assistance of the Federal
Government.” Title VI prohibits discrimination based upon race, color,
or national origin in any program or activity that receives federal
funds and is specifically directed at eliminating the financial participation
of the federal government in any programs involving racial or ethnic
discrimination. Title VI requires federal agencies not only to promulgate
regulations to prevent federal aid recipients from discriminating,
but also to enforce that obligation. Title VI is one of the tools
that environmental justice legal advocates have been using to secure
protections from racial discrimination in the environmental context.
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