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Environmental Justice

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...

The State of Environmental Justice: An Obama Administration Retrospective

Environmental justice has officially been a federal priority since 1994, when Pres. Bill Clinton signed...

Mining in Colombia and Environmental Justice: How the “Popular Consultation” Process Works in Practice

This Article examines how the Latin American procedure of “popular consultation” has been used as a mechanism for resisting the development of an open-pit gold mine in Colombia, and analyzes how Colombian communities are using the...

Environmental Justice: Legal Theory and Practice

This Article is adapted from Barry E. Hill, Environmental Justice: Legal Theory and Practice (3d ed. 2014), published by ELI Press. This textbook/handbook explores how environmental justice concerns are framed, addressed, and...

Of Constitutions and Cultures: The British Right to Roam and American Property Law

In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private lands without compensation to the landowners. There are many constitutional and cultural-historical issues...