Environmental Justice

Environmental Law and Justice Clinic Golden Gate University School of Law Eileen Gauna Professor. Southwestern University School of Law Carolina Academic Press Durham. Policy. North Carolina . and Regulation Clifford Rechtschaffen Professor and Co-Director.Environmental Justice Law.

cap-press.com Printed in the United States of America. 2003 Clifford Rechtschaffen and Eileen Gauna All rights reserved. North Carolina 27701 Telephone: (919) 489-7486 Fax: (919) 493-5668 Email: cap@cap-press.Copyright © 2002.com www. . ISBN: 0-89089-412-4 LCCN: 2002105197 Carolina Academic Press 700 Kent Street Durham.

for his great example Clifford Rechtschaffen To my mom Josie. Loyola and Ruth Eileen Gauna . Jeanne. and to Ted.To my dad.

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Summary of Contents Preface Acknowledgments Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII Chapter IX Chapter X Chapter XI Chapter XII Chapter XIII Chapter XIV Chapter XV Chapter XVI Index Overview of the Environmental Justice Movement Theories of Causation The Evidence Risk Assessment The Dynamics of Federal Environmental Regulation Standard Setting Program Design and Regulatory Innovation Facility Permitting Contaminated Properties Litigation as a Response Enforcement of Environmental Pollution Laws as a Response Planning. Environmental Review and Information Disclosure Laws as a Response Constitutional Claims as a Response Enforcement of the Civil Rights Act as a Response Interagency Initiatives and Collaboration as a Response Native American Issues xix xxi 3 27 55 87 107 133 159 187 217 245 265 297 331 351 391 421 461 vii .

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Market Forces in Site Selection Robin Saha & Paul Mohai. The Market 1. “We Speak for Ourselves” Letter.Contents Preface Acknowledgments xix xxi 3 3 3 5 6 6 Chapter I Overview of the Environmental Justice Movement A. Expulsive Zoning: The Inequitable Legacy of Euclid Robert Collin. Proceedings. Environmental Equity: A Law and Planning Approach to Environmental Racism Craig Anthony Arnold. Kuehn. Circa Earth Day 2001 Notes and Questions 12 15 15 19 20 21 22 24 26 27 27 27 27 29 31 33 33 34 Chapter II Theories of Causation A. Introduction B. The Promise and Peril of Environmental Justice Notes and Questions C. Planning Milagros: Environmental Justice and Land Use Regulation Notes and Questions C. Fairness and Justice Considered Robert R.. An Introductory Note on the History of the Movement Pathfinder on Environmental Justice Generally B. Land Use Practices Yale Rabin. Jr. Foreman. Circa Earth Day 1990 Principles of Environmental Justice. What’s Fairness Got to Do With It? Environmental Justice and the Siting of Locally Undesirable Land Uses Notes and Questions Christopher H. The First National People of Color Environmental Leadership Summit Letter. Explaining Racial and Socioeconomic Disparities in the Location of Locally Unwanted Land Uses: A Conceptual Framework ix 34 . Introduction 1. A Taxonomy of Environmental Justice Vicki Been.

Hazardous Waste Facilities 1. Pursuing “Environmental Justice”: The Distributional Effects of Environmental Protection Notes and Questions E. Empowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law Richard J. Environmental Racism Reconsidered Notes and Questions 2. Introduction Pathfinder on Race and Income Disparities B. An Introductory Note on Waste Facility Siting Douglas Anderton. Coming to the Nuisance or Going to the Barrios? A Longitudinal Analysis of Environmental Justice Claims Notes and Questions C. Racial Discrimination Charles R.x CONTENTS Luke Cole & Sheila Foster. Farmworker Exposure to Pesticides Ivette Perfecto & Baldemar Velásquez. the Ego. Andy B. Environmental Racism: Reviewing the Evidence Notes and Questions 2. John Michael Oakes. Environmental Equity: The Demographics of Dumping Note and Questions Vicki Been & Francis Gupta. Exposure to Contaminated Fish Patrick West. Health Concerns for Fish-Eating Tribes? Notes and Questions 58 59 60 62 64 64 64 66 67 67 68 69 69 70 . Weber. and Equal Protection: Reckoning with Unconscious Racism Notes and Questions 35 37 38 40 41 42 44 45 45 47 48 49 49 52 55 55 56 56 56 Chapter III The Evidence A. Locally Undesirable Land Uses in Minority Neighborhoods: Disproportionate Siting or Market Dynamics? Notes and Questions D. From the Ground Up: Environmental Racism and the Rise of the Environmental Justice Movement Notes and Questions Lynn E. Blais. The Id. Eleanor W. Other Industrial Activities and Environmental Harms 1. Fraser. Michael R. Rossi. Farm Workers: Among the Least Protected Notes and Questions 3. & Edward J. Politics Luke Cole. Early Studies Paul Mohai & Bunyan Bryant. Peter H. Post Siting Changes Vicki Been. Calabrese. Anderson. Lawrence III. Lazarus.

Mean Streets Notes and Questions 2. An Introductory Note on Quantitative Risk Assessment Robert R.. Quantitative Risk Assessment 1. Making Better Environmental Decisions: An Alternative to Risk Assessment Notes and Questions E. Cumulative and Synergistic Risks Notes and Questions . Open Space and Access to the Waterfront Samara F. Most Pernicious Struggle and Hope for Burdened Communities Notes and Questions 4. Environmental Justice: Mobilizing for the 21st Century: Environmental Justice and Environmental Quality Benefits: The Oldest. Air Toxics Exposures Rachel Morello-Frosch. & Angel Torres.CONTENTS xi A Note on Methodological Criticisms More Recent Studies a. The Distribution of Environmental Quality: An Empirical Analysis Notes and Questions b. Transportation Benefits Robert Bullard. Manuel Pastor. TRI Facilities Evan J. An Alternative to Risk Assessment Mary O’Brien. 5. Hird & Michael Reese. Ringquist. Comparative Risk Assessment Donald T. 70 71 71 71 72 72 72 73 73 73 75 76 78 78 79 79 80 81 82 82 83 87 87 87 88 88 89 92 95 96 99 101 101 103 103 105 Chapter IV Risk Assessment A. Swanston. The Environmental Justice Implications of Quantitative Risk Assessment Notes and Questions C. Jr. & James Saad. Introduction Pathfinder on Risk Assessment B. Disparities in Other Environmental Amenities 1. Disparities in Enforcement and Cleanup Notes and Questions E. Equity and the Distribution of Environmental Risk: The Case of TRI Facilities Notes and Questions c. Cross-Cutting Environmental Harms John A. Glenn Johnson. Kuehn. Reclaiming Environmental Law: A Normative Critique of Comparative Risk Analysis Notes and Questions D. Environmental Justice and Southern California’s Riskscape: The Distribution of Air Toxics Exposures and Health Risks Among Diverse Communities Notes and Questions D. Hornstein. The Routes of American Apartheid Robert Garcia.

Water Quality Standards Catherine O’Neill. The Political Context Richard J. Bargaining Toward the New Millennium: Regulatory Negotiation and the Subversion of the Public Interest Notes and Questions C. Judicial Review — A Note on the NAAQS Notes and Questions B. Legal Complexities 1. TMDLS IV: The Final Frontier Notes and Questions 142 146 147 150 151 151 157 159 159 160 163 Chapter VII Program Design and Regulatory Innovation A. Second Generation Policy and the New Economy Notes and Questions . The Tragedy of Distrust in the Implementation of Federal Environmental Law Notes and Questions B. Introduction Dennis D.xii CONTENTS Chapter V The Dynamics of Federal Environmental Regulation A. Browner Notes and Questions 3. Variable Justice: Environmental Standards. Devolution Rena I. Houck. An Introductory Note on the Taxonomy of Standards 2. Lazarus. Agency Decisionmaking Jody Freeman. Contaminated Fish. Integrating Environmental Justice Into EPA Permitting Authority Notes and Questions 3. Hirsch. and “Acceptable” Risk to Native Peoples Notes and Questions City of Albuquerque v. Devolution and the Public Health Notes and Questions 107 107 107 114 115 115 122 125 126 128 129 129 131 133 133 133 135 135 137 137 140 141 141 142 Chapter VI Standard Setting A. An Introductory Note on the Role of Standards under the Clean Water Act 2. Legal Sources of Authority Richard J. Steinzor. Collaborative Governance in the Administrative State Eileen Gauna. New Program Possibilities Oliver A. The Case of the Clean Water Act Standards 1. The Environmental Justice Misfit: Public Participation and the Paradigm Paradox Notes and Questions William Funk. Lazarus & Stephanie Tai.

Brownfields .CONTENTS xiii B. Bossert. L. Scott Kuhn & Shipra Bansal. Statutory Sources of Authority to Address Environmental Justice Richard J. Lazarus & Stephanie Tai. Other Economic Incentive Programs Pathfinder on Economic Incentives Stephen M. Integrating Environmental Justice Into EPA Permitting Authority Notes and Questions In Re: AES Puerto Rico. Michael E. Pollution Trading and Environmental Injustice: Los Angeles’ Failed Experiment in Air Quality Policy Notes and Questions 163 163 168 170 170 174 174 175 175 179 181 183 187 187 188 188 190 191 191 194 194 195 199 202 208 208 209 211 212 212 215 217 217 219 Chapter VIII Facility Permitting A. Economics vs. Belliveau. “Reinventing” Environmental Statutes (Informally) Through Program Implementation Daniel A. Facility Specific Approaches — Operational Flexibility Eileen Gauna. The Permit Applicant’s Perspective Notes and Questions F. Taking Slippage Seriously: Noncompliance and Creative Compliance in Environmental Law Notes and Questions C. Regulatory Reinvention and Project XL: Does the Emperor Have Any Clothes? Notes and Questions Chapter IX Contaminated Properties A. Farber. EPA at Thirty: Fairness in Environmental Protection Notes and Questions D. A State Law Perspective NAACP — Flint Chapter v. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice? Notes and Questions Richard Toshiyuki Drury. Lazarus & Stephanie Tai. Integrating Environmental Justice Into EPA Permitting Authority Notes and Questions D. Introduction B. The Permit Applicant’s Perspective Terry R. Steinzor. Notes and Questions E. Cercla Cleanups — An Introduction B. J. Engler Notes and Questions C.P. The Environmental Appeals Board Decisions Richard J. Environmental Justice in a Reinvention Context Rena I. Johnson.

Introduction 2. Brownfields. Alternative Litigation-Oriented Responses 1. Brownfield Initiatives and Environmental Justice: Second-Class Cleanups or Market-based Equity? Notes and Questions Robert Hersh & Kris Wernstedt. Kuehn. Eisen. Building Environmentally Just Projects: Perspective of a Developers’ Lawyer Notes and Questions 2. Empowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law Notes and Questions Richard Toshiyuki Drury & Flora Chu. Out of Site. Introduction B. Enforcement by Government Agencies 1. A Note on Toxic Tort Litigation Notes and Questions 251 253 254 258 259 260 260 260 261 262 Chapter XI Enforcement of Environmental Pollution Laws as a Response A. The Role of the Lawyer 1. Relocation Escambia Treating Company Case Study for the Relocation Roundtable Meeting Notes and Questions 219 220 225 226 228 230 231 232 235 236 236 242 245 245 245 245 246 246 250 Chapter X Litigation as a Response A.xiv CONTENTS Pathfinder on Brownfields and Environmental Justice Joel B. Remedying the Unequal Enforcement of Environmental Laws Notes and Questions 265 265 266 266 266 267 . Environmental Federalism. Out of Mind: The Problem of Institutional Controls Notes and Questions William W. Sources of Disparate Enforcement Robert R. A Note on the Tulane Environmental Law Clinic Notes and Questions B. Environmental Justice Lawyering Francis Calpotura. Buzbee. Engel. and Institutional Determinism Notes and Questions C. Brownfields of Dreams?: Challenges and Limits of Voluntary Cleanup Programs and Incentives Notes and Questions Kirsten H. From White Knight Lawyers to Community Organizing: Citizens for a Better Environment-California Notes and Questions Michael B. Gerrard. Why the Law? Notes and Questions Luke Cole.

Planning. The Practicalities of Private Enforcement Eileen Gauna. Community Outreach and Education.CONTENTS xv The State Trend Away From Enforcement Clifford Rechtschaffen. Environmental Review: The National Environmental Policy Act and State Environmental Policy Acts 1. Enhanced Penalties b. Technical Assistance to Communities i. Planning & Zoning Changes Craig Anthony Arnold. Competing Visions: EPA and the States Battle for the Future of Environmental Enforcement Notes and Questions 3. iii. Laidlaw Environmental Services Notes and Questions 2. Introduction B. Compensated Siting Proposals Vicki Been. Upwardly Adjusting Attorneys Fees b. EPA’s Response EPA Region II. Building Community Enforcement Capacity a. Federal Environmental Citizen Provisions: Obstacles and Incentives on the Road to Environmental Justice Notes and Questions 3. Strengthening Public Enforcement in Environmental Justice Communities a. A Note on Procedural and Standing Hurdles Lujan v. Training Communities To Detect Noncompliance Notes and Questions 2. Interim Environmental Justice Policy Notes and Questions C. Targeting Enforcement Resources c. A Note on NEPA And SEPAs Pathfinder on NEPA Notes and Questions 297 297 298 298 298 301 302 302 307 309 309 311 312 . 268 268 272 273 273 273 274 274 275 277 277 277 280 283 284 287 289 289 292 292 292 293 293 294 294 295 Chapter XII Planning. Greater Use of Supplemental Environmental Projects d. Land Use and Compensated Siting Approaches 1. Superfund’s Technical Assistance Provisions ii. Private Enforcement — Citizen Suits 1. Planning Milagros: Environmental Justice and Land Use Regulation Notes and Questions 2. Compensated Siting Proposals: Is it Time to Pay Attention? Notes and Questions C. Defenders of Wildlife Notes and Questions Friends of the Earth v. Environmental Review and Information Disclosure Laws as a Response A.

CEQ’s Guidance b. The Equal Protection Cases Dowdell v. A Note on Environmental Scorecard and Other Mapping Tools Notes and Questions 2. Information as Environmental Regulation: TRI and Performance Benchmarking.I. The Toxics Release Inventory Bradley C. Judicial Review of NEPA In the Matter of Louisiana Energy Services. An Introductory Note on the History of Environmental Title VI Claims Pathfinder on Title VI and Environmental Justice .xvi CONTENTS New Opportunities — CEQ and EPA Guidance a.P.S. Information Disclosure and Right to Know Laws 1. v. The Warning Game: Evaluating Warnings Under California’s Proposition 65 Notes and Questions 3. 313 313 314 314 315 316 316 320 321 322 322 324 325 325 327 328 329 331 331 332 332 332 334 339 339 342 343 345 347 Chapter XIII Constitutional Claims as a Response A. City of Apopka Bean v. Introduction Pathfinder on Equal Protection and Environmental Justice B. L. It’s Not Easy Bein’ Green: The Psychology of Racism. EPA’s Guidance U.S. Environmental Protection Agency. Precursor to a New Paradigm? Notes and Questions 2. Introduction 1. Macon-Bibb County Planning & Zoning Commission Notes and Questions R. and the Argument for Modernizing Equal Protection Analysis Notes and Questions 347 349 351 351 351 352 Chapter XIV Enforcement of the Civil Rights Act as a Response A. Southwestern Waste Management Corporation Notes and Questions East Bibb Twiggs Neighborhood Association v. Notes and Questions D.E. Rethinking the Intent Standard Edward Patrick Boyle. Environmental Discrimination. Proposition 65 Clifford Rechtschaffen. Karkkainen. Kay Notes and Questions C. Final Guidance for Incorporating Environmental Justice Concerns in EPA’s NEPA Compliance Analyses Notes and Questions 3.

M. Clifford Rechtschaffen. Mank. An Introductory Note on Collaboration Charles Lee. Lawsuits in Court: A Brief Comparison C. EPA at Thirty: Fairness in Environmental Protection Notes and Questions D. Mank. Colin Crawford. Casey Jarman. Alice Kaswan. M. The Interim Guidance Bradford C. Private Rights of Action Under Title VI Regulations Alexander v. and Robert R. Judicial Interpretation South Camden Citizens in Action v. Verchick. Using Section 1983 to Enforce Title VI’s Section 602 Regulations South Camden Citizens in Action v. Environmental Justice and Title VI: Making Recipient Agencies Justify Their Siting Decisions The Select Steel Administrative Decision Notes and Questions 4. Complaint Procedure 2. Catherine A. O’Neill. A Survey of Federal Agency Responses to President Clinton’s Executive Order 12898 on Environmental Justice Notes and Questions B. Administrative Proceedings Under Title VI 1. New Jersey Department of Environmental Protection Notes and Questions E. Administrative Complaints vs. Eileen Gauna. Mank. The Title VI FACA and the New Draft Guidance Eileen Gauna. Interagency Collaborations 1. New Jersey Department of Environmental Protection Notes and Questions 353 354 354 355 356 357 359 361 362 363 368 369 369 373 373 375 380 381 381 388 Chapter XV Interagency Initiatives and Collaboration as a Response A. The Executive Order on Environmental Justice Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Memorandum on Environmental Justice Notes and Questions Denis Binder. Submission to the National Environmental Policy Commission Notes and Questions 2. Sandoval Notes and Questions Bradford C. A Collaborative Project in Detail: The Case of Barrio Logan Notes and Questions 391 391 391 396 397 398 404 404 404 405 409 411 414 . Bradford C. Stories of Frustration 3.CONTENTS xvii B.

Bullard. Suagee. Higginson Notes and Questions Bear Lodge Multiple Use Association v. A Sampling of State Responses Notes and Questions D. Babbitt Notes and Questions Index 429 435 436 441 441 444 445 446 451 453 455 455 459 461 . Red Squirrel Pinatas. Lost in America Notes and Questions B. The Indian Country Environmental Justice Clinic: From Vision to Reality Notes and Questions Rebecca Tsosie. A Model Environmental Justice Framework Notes and Questions 414 416 416 417 419 421 421 421 423 424 425 425 425 428 Chapter XVI Native American Issues A. Large Binocular Telescopes. Economics and Traditional Ecological Knowledge Notes and Questions Robert Williams. Lyman. Racializing Environmental Justice Notes and Questions C. Tribes as Environmental Regulators Dean B. Protection of Sacred Sites on Public Lands Lyng v.xviii CONTENTS C. Tribal Environmental Policy in an Era of Self-Determination: The Role of Ethics. Northwest Indian Cemetery Protective Association Notes and Questions Badoni v. Introduction 1. and Apache Sacred Mountains: Decolonizing Environmental Law in a Multicultural World Notes and Questions Eric K. Yamamoto & Jen-L W. An Introductory Note on Native American Legal Issues Pathfinder on Native Americans Paul Smith. A Model Environmental Justice Framework? Robert D.

Native American law and other areas. or civil rights classes in which the professor wishes to cover selected issues in environmental justice. Indeed. we have included pathfinders for students and others wishing to undertake further research on specific topics A note about the scope of the book’s coverage. as well as students wishing to engage in more focused research on environmental justice. labor issues. The book also can serve as a reference for practitioners. local. Consequently. state. permitting facilities. We have included frequent introductory notes to provide background for students unfamiliar with some of the environmental statutes and other materials. On key areas of interest. Environmental justice considerations arise in virtually all aspects of environmental law. since 1991. including standard setting. as implemented by federal. Drawing on principles from environmental law. This book is designed to provide students with a comprehensive introduction to environmental justice. civil rights. thus. government officials. civil rights law. and tribal governments. we have elected to focus upon federal environmental law. international law.Preface Environmental justice is arguably the most important and dynamic development in environmental law in the past decade. and environmental disparities implicate land use. In a related vein. program design. some of the claims presented by activists challenge some of the fundamental underpinnings of environmental law and policy. such as land use issues and constitutional or civil rights cases against environmental regulators. it can be used in undergraduate or graduate courses as well. and broader movements for economic and social justice. cleaning up contaminated sites. although the health. and each of the 16 chapters roughly corresponds to a week’s worth of reading. we have elected to limit the scope of this book to domestic environmental regulation and those subjects most closely related to and having an impact on environmental regulation. land use. whether or not they have prior background in environmental law. there have been close to 300 law review articles and over 30 books written on the subject. enforcement. A single casebook/reader of this nature cannot adequately cover all of these disparate and intricate legal specialties. This book is designed for use in a single semester seminar course. Other specialized areas such as labor law. the book also draws considerably on non-legal disciplines. transportation. the environmental justice movement has focused attention on the disparate environmental harms and benefits experienced by low income communities and communities of color. and redeveloping brownfields. And the environmental justice movement has generated an explosion of scholarship. While its focus is oriented toward legal and regulatory issues. quality of life and political issues that may implicate these legal subjects are briefly described. and international law are not within the scope of this book. The book also can be easily used as a supplement in other environmental. transportation law. rather than various state laws (although one chapter does contain a sampling of recent state law initiatives). Environmental problems are far ranging. xix . and activists involved in environmental justice matters.

In response. Catherine O’Neill. The few case footnotes that are included are numbered as they appear in the original opinions. Karen Kramer provided unwavering support and terrific advice. We strive to bring that complexity to the surface by choosing a range of materials that present different viewpoints. state laws vary significantly and are only at the very beginning of their implementation phases. tenacity and wit constantly inspire. Alane Kumamoto. We have indicated text that we omitted from the original sources with three ellipses. and Rob Verchick.e. We are also deeply appreciative of the excellent research assistance provided by Golden Gate Law students Kristin Henry and Amy Cohen. Colin Crawford. . Casey Jarman. who reviewed early drafts of multiple chapters. Thanks also to Diane Takvorian who reviewed portions of Chapter 15 dealing with Barrio Logan. Second. courage. And third.e. . Those with a perspective different than ours may take issue with the way that some of the issues are framed and discussed. We are also grateful to Michael Gerrard for generously sharing materials with us. much of the controversy over environmental regulation and enforcement at the state and local level has involved dissatisfaction with the way the federal environmental statutes have been implemented. Brad Mank. we dedicate this book to activists from the grassroots. We have left in citations from case excerpts that are directly discussed by the court or that we believe are important to understand the opinion. . thanks also to the administrative help provided by Pat Paulson of Golden Gate. we can only invite alternative ways to frame the debates and similar disclosures of the subject position of the author. Their insight. . we have omitted footnotes and other references from excerpted materials. the EPA was one of the first of the governmental institutions to respond to charges of environmental justice and it remains a key participant. To further tease out the clash of interests and viewpoints. . . We look forward to articles and books on these important areas from our colleagues. The authors also thank Golden Gate University School of Law and Southwestern University School of Law for administrative and financial support. Finally. and a special thanks is due to Bob Kuehn. .Text that was omitted in the original excerpts is indicated by three ellipses separated by a space. our notes often contain intentionally provocative questions. Steve Johnson. and Southwestern University Law students Shannon Tool. Marc Poirier. . Rachel Morello-Frosch. First. we recognize that the issues are complex and raise hard questions that often generate compelling arguments from all perspectives. and the assistance provided by Golden Gate law librarian Michael Daw. and Dan Bugay. Alice Kaswan. Denis Binder. We are deeply grateful to the following people who reviewed chapters of the book when they were in draft form: Tony Arnold. Although we are sympathetic to environmental justice struggles. Rena Steinzor. .xx PREFACE We do this for several reasons. A note on the editing conventions we use: In general. i. The editors of this book maintain the position that pursuing complete neutrality in these difficult and politically-charged issues is unrealistic. Carl Cranor. Sheila Foster. Tony Foster. i.

Planning Milagros: Environmental Justice and Land Use Regulation. Reprinted by permission of South End Press. It’s Not Easy Bein’ Green: The Psychology of Racism. Environmental Equity: The Demographics of Dumping. Reprinted by permission of the Fordham Urban Law Journal. Reprinted by permission. et al. Terry R. 21 Fordham Urban Law Journal 787 (1994). Reprinted by permission of the Cornell Law Review. Reprinted by permission of the Environmental Law Institute. and the Argument for Modernizing Protection Analysis. 31 Environmental Law Reporter 11. Reprinted by permission of the North Carolina Law Review. A Survey of Federal Agency Response to President Clinton’s Executive Order 12. Coming to the Nuisance or Going to the Barrios? A Longitudinal Analysis of Environmental Justice Claims. 103 Yale Law Journal 1383 (1994).. Copyright 1993 by Vanderbilt Law Review.133 (2001). Hein Company. 46 Vanderbilt Law Review 937 (1993). Robert Bullard. Locally Undesirable Land Uses in Minority Neighborhoods: Disproportionate Siting or Market Dynamics?. Vicki Been.. xxi . 75 North Carolina Law Review 75 (1996). Reprinted by permission of the Population Association of America. Environmental Discrimination. Edward Patrick Boyle. in Confronting Environmental Racism: Voices from the Grassroots 203 (1993). 78 Cornell Law Review 1001 (1993).898 on Environmental Justice. Reprinted by permission of the Yale Law Journal Company and William S. et al.Acknowledgments We gratefully acknowledge the permissions granted by the authors and publishers of the following works to reproduce excerpts in this book: Douglas Anderton. Berkeley. Vicki Been. Reprinted by permission of the Temple Environmental Law and Technology Journal. Craig Anthony Arnold. Vicki Been & Francis Gupta. The Permit Applicant’s Perspective. Reprinted by permission of the University of California. What’s Fairness Got To Do With It: Environmental Justice and the Siting of Locally Undesirable Land Uses. Blais. Environmental Racism Reconsidered. 24 Ecology Law Quarterly 1. Denis Binder. Reprinted by permission of the Denver University Law Review. A Model Environmental Justice Framework. 18 Temple Environmental Law and Technology Journal 135 (2000). Lynn E. Vicki Been. 76 Denver University Law Review 1 (1998). 31 Demography 229 (May 1994). Bossert. Compensated Siting Proposals: Is it Time to Pay Attention?. Copyright 1997 by the Regents of the University of California.

The Routes of American Apartheid. Reprinted by permission of the Journal of Natural Resources and Environmental Law.. Poverty and the Environment. Reprinted by permission of the Virginia Environmental Law Journal. Brownfields Policies for Sustainable Cities. 11 Virginia Environmental Law Journal 495 (1992). Legal Pluralism. 21 William and Mary Environmental Law and Policy Review 1 (1997). Reprinted by permission of the William and Mary Environmental Law and Policy Review. 70–74 (2000). Robert Collin. 9 Duke Environmental Law & Policy Forum 187 (1999). Reprinted by permission of New York University Press. Luke Cole & Sheila Foster. Bear’s Lodge or Devil’s Tower: Intercultural Relations. and the Management of Sacred Sites on Public Lands. Reprinted by permission. Why the Law? Third Force Magazine (May/June 1994). Joel B. Reprinted by permission of Race. 23 Harvard Environmental Law Review 297 (1999). Daniel A. Luke Cole. Reprinted by permission of the Cornell Journal of Law and Public Policy. Lloyd Burton & David Ruppert. Eisen. 13 Journal of Natural Resources and Environmental Law 317 (1998). Reprinted by permission of the Duke Environmental Law and Policy Forum. 19 Ecology Law Quarterly 619 (1992). Engel.xxii ACKNOWLEDGMENTS Robert Bullard et al. Reprinted by permission of the University of California. Buzbee. Reprinted by permission of the Forum for Applied Research and Public Policy. Copyright 1996 by the Board of Trustees of the University of Illinois. Brownfields of Dreams?: Challenges and Limits of Voluntary Cleanup Programs and Incentives. From White Knight Lawyers to Community Organizing: Citizens for a Better Environment-California. Farber. Berkeley. . Reprinted by permission of the University of Illinois Law Review and the Board of Trustees of the University of Illinois. Joel B. Reprinted by permission of the Center for Third World Organizing. Poverty and the Environment 52 (Fall/Winter 1995). From the Ground Up: Environmental Racism and the Rise of the Environmental Justice Movement. Reprinted by permission of the Duke Environmental Law and Policy Forum. Francis Calpotura. Taking Slippage Seriously: Noncompliance and Creative Compliance in Environmental Law. Environmental Equity: A Law and Planning Approach to Environmental Racism. 8 Cornell Journal of Law and Public Policy 201 (1999). Copyright 1992 by the Regents of the University of California. Brownfield Initiatives and Environmental Justice: Second-class Cleanups or Market-based Equity?. Copyright 1999 by President and Fellows of Harvard College and the Harvard Environmental Law Review. 9 Duke Environmental Law and Policy Forum 231 (Spring 1999). Richard Toshiyuki Drury & Flora Chu. Brownfields Environmental Federalism and Institutional Determinism. Kirsten H. 15 Forum for Applied Research and Public Policy 66 (2000). et al. Empowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law. William W. 1996 University of Illinois Law Review 883 (1996). Richard Toshiyuki Drury. 5 Race. Pollution Trading and Environmental Injustice: Los Angeles’ Failed Experiment in Air Quality Policy.. Eisen.

29 Capital University Law Review 1 (2001). Building Environmentally Just Projects: Perspectives of a Developers’ Lawyer. Mean Streets. Reprinted by permission of the Columbia Law Review. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?. Houck. Michael B. Reprinted by permission of the University of California. 45 University of California Law Review 1 (1997). 22 Ecology Law Quarterly 1 (1995). Georgetown Law Journal.ACKNOWLEDGMENTS xxiii Christopher H. Copyright 1997. 92 Columbia Law Review 562 (1992). Copyright 1995 by the Regents of the University of California. Reprinted by permission of the Capital University Law Review. John A. The Distribution of Environmental Quality: An Empirical Analysis. 89 Georgetown Law Journal 57 (2001). All rights reserved. EPA at Thirty: Fairness in Environmental Protection. 46 Duke Law Journal 1351 (1997). Reprinted by permission of Blackwell Publishers. Reprinted with permission of the publisher. William Funk. Hird & Michael Reese. Sheila R.469 (1999). TMDLS IV: The Final Frontier. Reprinted by permission of the Environmental Law Institute. Donald T. 5 Environmental Law News 33 (Environmental Law Section. the Regents of the University of California. State Bar of California. Meeting the Environmental Justice Challenge: Evolving Norms in Environmental Decisionmaking. Hornstein. Eileen Gauna. Bargaining Toward the New Millennium: Regulatory Negotiation and the Subversion of the Public Interest. Bradley C. 15 Forum for Applied Research and Public Policy 75 (2000). Collaborative Governance in the Administrative State. Reprinted by permission of the Forum for Applied Research and Public Policy and the author.528 (2001). 31 Environmental Law Reporter 10. Robert Hersh & Kris Wernstedt. Copyright 2001. 17 Stanford Environmental Law Journal 3 (1998). Information as Environmental Regulation: TRI and Performance Benchmarking. Reclaiming Environmental Law: A Normative Critique of Comparative Risk Analysis. Federal Environmental Citizen Provisions: Obstacles and Incentives on the Road to Environmental Justice. Public Participation and the Paradigm Paradox. 29 Environmental Law Reporter 10. Berkeley. Jody Freeman. 1996). Economics vs.992 (2000). Dennis D. Out of Site. Second Generation Policy and the New Economy. Foreman. Reprinted by permission of the author. Reprinted by permission of the Brookings Institution Press. The Environmental Justice Misfit. Out of Mind: The Problem of Institutional Controls. Karkkainen. Poverty and the Environment. 30 Environmental Law Reporter 10. Hirsch. 8 Race. Reprinted by permission of Race. The Promise and the Peril of Environmental Justice (1998). Eileen Gauna. Robert Garcia. Precursor to a New Paradigm?. Reprinted by permission of the Stanford Environmental Law Journal. Eileen Gauna. Copyright 1997 by Social Science Quarterly and Blackwell Publishers. Johnson. Reprinted by permission of the Environmental Law Institute.. Reprinted by permission of the author. Poverty and the Environment 15 (Winter 2001). Reprinted by permission of the author. . 79 Social Science Quarterly 693 (1998). Stephen M. 56 Washington and Lee Law Review 111 (Winter 1999). Oliver A. Reprinted by permission of the Washington and Lee Law Review and the author. Foster. Gerrard. Reprinted by permission of the Environmental Law Institute. Jr.

Environmental Racism: Reviewing the Evidence. 70 University of Colorado Law Review 387 (1999). 87 Northwestern University Law Review 787 (1993). 1992). Reprinted by permission of the University of California. Lazarus & Stephanie Tai. Inc. Robert Kuehn. Catherine O’Neill. 1996 University of Illinois Law Review 103.L.. Bradford C. Making Better Environmental Decisions: An Alternative to Risk Assessment (2000). Remedying the Unequal Enforcement of Environmental Laws. Reprinted by permission of the Stanford Environmental Law Journal. Paul Mohai & Bunyan Bryant. Bradford C. Copyright 1999 by the Regents of the University of California. L. Reprinted by permission of the Environmental Law Institute. and “Acceptable” Risk to Native Peoples.. A Taxonomy of Environmental Justice. Rachel Morello-Frosch. Reprinted by permission of the University of Colorado Law Review. et al. Pursuing “Environmental Justice”: The Distributional Effects of Environmental Protection. Mary O’Brien. John’s Journal of Legal Commentary. Contaminated Fish. The Environmental Justice Implications of Quantitative Risk Assessment. Integrating Environmental Justice Into EPA Permitting Authority. 30 Environmental Law Reporter 10. Charles R.C. 19 Stanford Environmental Law Journal 3 (2000). Variable Justice: Environmental Standards. Copyright 1992 by Westview Press. Environmental Justice and Southern California’s Riskscape: The Distribution of Air Toxics Exposure and Health Risks Among Diverse Communities. 9 St. Copyright 2001 by Sage Publications.681 (2000). Robert Kuehn. Reprinted by permission of the University of Kansas Law Review. Richard Lazarus. John’s Journal of Legal Commentary 625 (1994). Reprinted by permission of the University of Illinois Law Review. Copyright 2000 by MIT Press. 54 Law & Contemporary Problems 311 (1991). Reproduced with permission of the Stanford Law Review via the Copyright Clearance Center. Copyright 1987 by Stanford Law Review. Richard J. Lawrence III. Environmental Justice and Title VI: Making Recipient Agencies Justify their Siting Decisions. The Tragedy of Distrust in the Implementation of Federal Environmental Law. Reprinted by special permission of Northwestern University School of Law. Mank. Reprinted by permission of Westview Press. in Race and the Incidence of Environmental Hazards: A Time for Disclosure 163 (Bunyan Bryant and Paul Mohai eds. and Equal Protection: Reckoning with Unconscious Racism. Reprinted by permission. Lazarus. Mank. a member of Perseus Books.xxiv ACKNOWLEDGMENTS Alice Kaswan. 49 University of Kansas Law Review 321 (2001). Reprinted by permission of Sage Publications. 73 Tulane Law Review 787 (1999). . Environmental Laws: Grist for the Equal Protection Mill. the Ego. 36 Urban Affairs Review 551 (2001). Richard J. Inc. Reprinted by permission. Law Review. Reprinted by permission of the St. 26 Ecology Law Quarterly 617 (1999). Robert Kuehn. Copyright 1996 by the Board of Trustees of the University of Illinois. The Id. Using § 1983 to Enforce Title VI’s Section 602 Regulations. Berkeley. Copyright 1999 by Tulane Law Review Association. Reprinted by permission of the Journal of Law and Contemporary Problems and the author. 39 Stanford Law Review 317 (1987).

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xxvi ACKNOWLEDGMENTS Eric K. 72 University of Colorado Law Review 311 (2001). . Racializing Environmental Justice. Lyman. W. Reprinted by permission of the University of Colorado Law Review and Eric Yamamoto. Yamamoto & Jen-L.

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