Environmental Justice: Avoiding The Difficulty Of Proving Discriminatory Intent In Hazardous Waste Siting Decisions
AbstractContrary to general public perception that environmental hazards are borne equally, the risks and accompanying burdens of exposure to environmental contaminants are distributed disproportionately along racial and class lines. The environmental justice movement has received much recent attention as being an extension of the civil rights movement, where advocates have demanded fair distribution of environmental benefits and burdens. This paper focuses on the difficulty that plaintiffs wishing to challenge hazardous waste siting in their communities have in proving that the siting decision was based on racial factors. Part 1 examines a North Carolina case that illustrates the potential that substantive and procedural requirements have in protecting communities from environmental injustice. Part 2 focuses on the emergence of the concept of environmental racism and early research studies that examined the phenomenon. Part 3 discusses the distinction between environmental racism and environmental justice. Part 4 examines the difficulties that surround the use of the Equal Protection Clause by plaintiffs who challenge hazardous waste siting in their communities. Part 5 examines Title VI of the Civil Rights Act of 1964 as it has been used in environmental justice cases. Part 6 discusses Chester Concerned for Quality Living v. Seif, a Third Circuit Court environmental justice case in which plaintiffs challenged the siting of a hazardous waste facility in their community under Title VI. Part 7 focuses on post-Chester environmental justice developments. Finally, Part 8 explores substantive and procedural requirements designed to encourage community involvement in siting decisions.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by University of Wisconsin-Madison, Land Tenure Center in its series Working Papers with number 12771.
Date of creation: 2000
Date of revision:
Environmental justice -- United States -- Cases; Hazardous waste -- United States -- Management -- Social aspects; Hazardous waste sites -- Government policy -- United States; Environmental Economics and Policy;
You can help add them by filling out this form.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (AgEcon Search).
If references are entirely missing, you can add them using this form.