Advanced Search
MyIDEAS: Login to save this paper or follow this series

Environmental Justice: Avoiding The Difficulty Of Proving Discriminatory Intent In Hazardous Waste Siting Decisions

Contents:

Author Info

  • Kiniyalocts, Melissa
Registered author(s):

    Abstract

    Contrary 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 Info

    If 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.
    File URL: http://purl.umn.edu/12771
    Download Restriction: no

    Bibliographic Info

    Paper provided by University of Wisconsin-Madison, Land Tenure Center in its series Working Papers with number 12771.

    as in new window
    Length:
    Date of creation: 2000
    Date of revision:
    Handle: RePEc:ags:uwltwp:12771

    Contact details of provider:
    Web page: http://www.ies.wisc.edu/ltc/
    More information through EDIRC

    Related research

    Keywords: Environmental justice -- United States -- Cases; Hazardous waste -- United States -- Management -- Social aspects; Hazardous waste sites -- Government policy -- United States; Environmental Economics and Policy;

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:ags:uwltwp:12771. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (AgEcon Search).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.