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Environmental Justice

Confronting Disproportionate Impacts and Systemic Racism in Environmental Policy

Understanding and operationalizing the concept of disproportionate impacts are critical to the next generation of environmental justice (EJ) practice. This Article charts a pathway to better defining, articulating, and analyzing...

Time Has Come Today for Environmental and Climate Justice Legislation

Faced with interconnected crises—affordable housing, and environmental and climate injustice—in low-income, disadvantaged, and Black and Brown communities, this Comment asserts that President Joseph Biden should adopt the same or...

Measuring Environmental Justice: Analysis of Progress Under Presidents Bush, Obama, and Trump

President Donald Trump’s environmental policies appear detrimental to the environmental justice (EJ) movement, but little work has been done to test their true impact on EJ. This Article offers a method for evaluating progress (or lack...

Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation

This Article focuses on an area of rapidly evolving jurisprudence—climate liability litigation. It examines in depth the state attorney general’s complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-...

Back to the Future: Creating a Bipartisan Environmental Movement for the 21st Century

With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth....

A Framework for Community-Based Action on Air Quality

Over the past 50 years, tremendous progress has been made in reducing air pollution under the Clean Air Act. Nevertheless, while air quality has improved greatly for much of the nation, there are still places where the goal of attaining...

A Game Changer in the Making? Lessons From States Advancing Environmental Justice Through Mapping and Cumulative Impact Strategies

This Article focuses on lessons learned from state practice in environmental justice (EJ) mapping and screening, and their relationship to the central issue of cumulative impacts—the reality that EJ communities typically suffer from a...

Electric Utility Wildfire Liability Reform in California

As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the rapid growth of the wildland-urban interface (WUI). As more and...

Time for a New Age of Enlightenment for U.S. Environmental Law and Policy: Where Do We Go From Here?

The issue of environmental injustice has again come into sharp focus in the wake of the predominantly African-American community in Flint, Michigan, being exposed to lead-contaminated drinking water. To secure environmental justice for...

Leveraging Supplemental Environmental Projects: Toward an Integrated Strategy for Empowering Environmental Justice Communities

Environmental justice communities are especially disadvantaged when it comes to direct community intervention in matters critical to their well-being. Opportunities may exist, however, to institutionalize resources for those communities...