Environmental Justice, Conservation & Racial Justice
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THE POLLUTER PAYS PRINCIPLE and the REMEDIATION of LAND Emma Lees* Keywords: Contamination, Environmental Liability, Polluter Pa
THE POLLUTER PAYS PRINCIPLE AND THE REMEDIATION OF LAND Emma Lees* Keywords: contamination, environmental liability, polluter pays principle Abstract The Environmental Liability Directive attempts to provide a harmonising framework for liability for environmental damage within the European Union on the basis of the polluter pays principle. This article considers legislation in place in the Member States which sit alongside provisions based on the ELD. It shows that such regimes rely on different models for liability, which require, in turn, fundamentally different understandings as to how the polluter pays principle can work as a principle of liability. It considers provisions in place in Denmark, the United Kingdom, the Walloon Region, the Netherlands, and Germany. The differences between these systems are not differences of degree, nor are they mere technicalities, rather they represent a significant challenge not only to the goals of the ELD, but to the principles underpinning it. By undertaking a comparative analysis of these systems, it becomes clear not only that the ELD sits uncomfortably with these “parallel” provisions, but also that this discomfort is not only one of overlapping and complex legislative provisions, but rather one of underlying justification for liability. ‘The purpose of the Environmental Liability Directive (“ELD”) is to establish a framework of environmental liability, based on the ‘polluter-pays’ principle, to prevent and remedy environmental damage’ (European Commission, 2006, p. 1; A. Waite, 2006, p. 67). This goal is threatened by the variation in Member State liability for remediation of land which sits alongside the ELD in the Member States. When the legislation in Member States relating to contaminated land is examined, it becomes clear that the Member States prefer to extend liability beyond the liability of the polluter. -
Environmental Justice Literature, Discussing the Both the Content and Reception of Several Important Classic and Recent Publications
Butler University Digital Commons @ Butler University Scholarship and Professional Work - LAS College of Liberal Arts & Sciences 2002 Environmental Justice and Environmental Racism: An Annotated Bibliography and General Overview, Focusing on U.S. Literature, 1996-2002 Robin L. Turner Butler University, [email protected] Diana Pei Wu Follow this and additional works at: https://digitalcommons.butler.edu/facsch_papers Part of the Political Science Commons Recommended Citation Turner, R.L. and Wu, D.P. Environmental Justice and Environmental Racism: An Annotated Bibliography and General Overview, Focusing on U.S. Literature, 1996-2002. Berkeley, CA: Berkeley Workshop on Environmental Politics, Institute of International Studies, University of California, Berkeley, 2002. Available from: digitalcommons.butler.edu/facsch_papers/575/ This Article is brought to you for free and open access by the College of Liberal Arts & Sciences at Digital Commons @ Butler University. It has been accepted for inclusion in Scholarship and Professional Work - LAS by an authorized administrator of Digital Commons @ Butler University. For more information, please contact [email protected]. - , .. , ‒ Robin Lanette Turner and Diana Pei Wu , , General Overview of the Literature Introduction ........................................................................................................................... 1 Theorizing Environmental Justice Conceptualizing the Environment, Where We Live, Work, Learn and Play............................ -
Remedying Environmental Racism
Michigan Law Review Volume 90 Issue 2 1991 Remedying Environmental Racism Rachel D. Godsil University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Civil Rights and Discrimination Commons, Environmental Law Commons, and the Law and Race Commons Recommended Citation Rachel D. Godsil, Remedying Environmental Racism, 90 MICH. L. REV. 394 (1991). Available at: https://repository.law.umich.edu/mlr/vol90/iss2/3 This Note is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. NOTES Remedying Environmental Racism Rachel D. Godsil In 1982, protesters applied the techniques of nonviolent civil diso bedience to a newly recognized form of racial discrimination. 1 The protesters, both black and white, attempted to prevent the siting of a polychlorinated biphenyl (PCB)2 landfill in predominantly black War ren County, North Carolina.3 In the end, the campaign failed. None theless, it focused national attention on the relationship between pollution and minority communities4 and prompted the U.S. General Accounting Office (GAO) to study the racial demographics of hazard ous waste sites. s The GAO report found that three out of the four commercial haz ardous waste landfills in the Southeast United States were located in 1. Charles Lee, Toxic Waste and Race in the United States, in THE PROCEEDINGS OF THE MICHIGAN CONFERENCE ON RACE AND THE INCIDENCE OF ENVIRONMENTAL HAZARDS 6, 8 (Paul Mohai & Bunyan Bryant eds., 1990) [hereinafter ENVIRONMENTAL HAZARDS]. -
Environmental Racism and Environmental Justice in Boston, 1900 to 2000
The University of Maine DigitalCommons@UMaine Electronic Theses and Dissertations Fogler Library Summer 8-22-2019 "The Dream is in the Process:" Environmental Racism and Environmental Justice in Boston, 1900 to 2000 Michael J. Brennan University of Maine, [email protected] Follow this and additional works at: https://digitalcommons.library.umaine.edu/etd Recommended Citation Brennan, Michael J., ""The Dream is in the Process:" Environmental Racism and Environmental Justice in Boston, 1900 to 2000" (2019). Electronic Theses and Dissertations. 3102. https://digitalcommons.library.umaine.edu/etd/3102 This Open-Access Thesis is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of DigitalCommons@UMaine. For more information, please contact [email protected]. “THE DREAM IS IN THE PROCESS:” ENVIRONMENTAL RACISM AND ENVIRONMENTAL JUSTICE IN BOSTON, 1900 TO 2000 By Michael J. Brennan B.S. University of Maine at Farmington, 2001 A.L.M. Harvard University Extension School, 2012 A DISSERTATION Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy (American History) The Graduate School The University of Maine August 2019 Advisory Committee: Richard Judd, Professor Emeritus of History Elizabeth McKillen, Adelaide & Alan Bird Professor of History Liam Riordan, Professor of History Jacques Ferland, Associate Professor of History and Graduate Coordinator of History Program Roger J.H. King, Associate Professor of Philosophy THE DREAM IS IN THE PROCESS: ENVIRONMENTAL RACISM AND ENVIRONMENTAL JUSTICE IN BOSTON, 1900 TO 2000 By: Michael J. Brennan Dissertation Advisor: Dr. Richard Judd An Abstract of the Dissertation Presented in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in American History (August 2019) The following work explores the evolution of a resident-directed environmental activism that challenged negative public perception to redevelop their community. -
Egan, Michael. "Subaltern Environmentalism in the United States: a Historiographic Review." Environment and History 8, No
The White Horse Press Full citation: Egan, Michael. "Subaltern Environmentalism in the United States: A Historiographic Review." Environment and History 8, no. 1 (February 2002): 21–41. http://www.environmentandsociety.org/node/3107. Rights: All rights reserved. © The White Horse Press 2002. Except for the quotation of short passages for the purpose of criticism or review, no part of this article may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, including photocopying or recording, or in any information storage or retrieval system, without permission from the publishers. For further information please see http://www.whpress.co.uk. Subaltern Environmentalism in the United States: A Historiographic Review MICHAEL EGAN1 Department of History Washington State University Pullman WA 99164-4030, USA Email: [email protected] ABSTRACT When a group of people is faced with both social and environmental subordina- tion, they are the victims of environmental injustice. This subordination is manifest in the disproportionate siting of environmental hazards in poor or minority communities and also in the inequitable distribution of ecological resources, both of which perpetuate the marginalisation of subaltern groups. At the heart of the environmental justice movement is a fight for the empowerment of subaltern groups, heretofore excluded from environmental decision-making. In recognising that the environmental health of their living spaces and families is critical to exacting any kind of improvement of their socioeconomic condi- tions, subaltern groups have added a dynamic new dimension to their social struggles. This counter-hegemonic struggle for ecological democracy is one of the fastest growing social movements in contemporary society, and requires the attention of environmental historians to situate it within the broader context of the history of environmentalism. -
Different Voices, Different Venues: Environmental Racism Claims by Activists, Researchers, and Lawyers
Research in Human Ecology Different Voices, Different Venues: Environmental Racism Claims by Activists, Researchers, and Lawyers Sherry Cable and Donald W. Hastings Department of Sociology University of Tennessee Knoxville, TN 37996-0490 USA1 Tamara L. Mix Department of Sociology University of Alaska–Fairbanks Fairbanks, AK 99775 USA Abstract mobilized to ameliorate them using political and legal tactics. Social science researchers have documented inequalities in Environmental Justice Movement activists have mobi- risk exposure under the rubric of environmental racism (ER). lized on the basis of grievances involving the disproportion- Lawyers argue before courts and administrative agencies on ate exposure of working class and minority subgroups to var- behalf of their activist plaintiffs for relief from environmen- ious environmental risks. Academics have frequently offered tal insults. Despite such prodigious efforts by so many peo- empirical documentation of such exposure. Public interest ple, environmental injustices persist. Why? lawyers have sought legal remediation for injustice claims. We hypothesize that activists, researchers, and lawyers But substantial structural changes to ameliorate dispropor- speak with different voices and operate in different venues.2 tionate exposure have not occurred. Why? We argue that The consequence is that they often talk past one another, cre- activists, researchers, and lawyers speak with different voic- ating “noise” rather than a unified voice. Our purpose in this es in different venues, with the consequence of creating paper is to identify and analyze those different voices. After “noise,” instead of uniting to speak in one voice. We review a review of the emergence of the EJM to establish its distinc- the sociological literature to identify the separate voices of tion from other environmental movements and to identify the activists, researchers, and lawyers, analyzing each one’s different voices raised in the demand for greater environmen- focus, target audience, and types of evidence offered. -
On the Road from Environmental Racism to Environmental Justice
Volume 5 Issue 2 Article 6 1994 On the Road from Environmental Racism to Environmental Justice Maria Ramirez Fisher Follow this and additional works at: https://digitalcommons.law.villanova.edu/elj Part of the Environmental Law Commons Recommended Citation Maria R. Fisher, On the Road from Environmental Racism to Environmental Justice, 5 Vill. Envtl. L.J. 449 (1994). Available at: https://digitalcommons.law.villanova.edu/elj/vol5/iss2/6 This Comment is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Environmental Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Fisher: On the Road from Environmental Racism to Environmental Justice 1994] ON THE ROAD FROM ENVIRONMENTAL RACISM TO ENVIRONMENTAL JUSTICE We're not saying to take the incinerators and the toxic- waste dumps out of our communities and put them in white communities-we're saying they should not be in anybody's community.... You can't get justice by doing an injustice on somebody else. When you have lived through suffering and hardship, you want to remove them, not only from your own people but from all peoples.' I. INTRODUCTION The environmental movement invariably has focused on tradi- tional areas of environmentalism which include wilderness and 2 wildlife preservation, pollution, conservation, and overpopulation. Presently, however, the environmental movement is entering a new stage of activism, that of social justice, in response to charges of environmental racism.3 Environmental racism occurs when people of color disproportionately bear the burdens and risks of environ- 1. -
A Citizen's Guide to Using Federal Environmental Laws to Secure
A Citizen’s Guide to Using Federal Environmental Laws to Secure Environmental Justice Copyright © 2002 Environmental Law Institute®, Washington, DC. All rights reserved. ISBN No. 1-58576-033-1. ELI Project No. 981624. An electronically retrievable copy (PDF file) of this report may be obtained for no cost from the Environmental Law Institute web site <www.eli.org>, click on “Publications” then “2002 Research Reports” to locate the file. [Note: ELI Terms of Use will apply and are available on site.] (Environmental Law Institute®, The Environmental Forum®, and ELR® – The Environmental Law Reporter® are registered trademarks of the Environmental Law Institute.) acknowledgement This project was supported by the Office of Environmental Justice of the U.S. Environmental Protection Agency under Assistance Agreement No. CR82675501. The views expressed herein should not be attributed to EPA nor should any official endorsement be inferred. table of contents Chapter 1. Introduction to Environmental Laws and Available Resources ...............................35 Environmental Justice Funding and Other Assistance for Public Participation. ..35 Other Grants . ......................... ......36 Introduction to Environmental Justice Issues.............1 Program Funding ..............................36 How Environmental Laws Can Help You to Protect Your Community ...............................3 How This Handbook Can Help You to Use Appendix A - Summary Descriptions of Selected Environmental Laws to Your Advantage...............4 Environmental Statutes..........................39 How This Handbook Is Organized, and What It Covers . 5 What This Handbook Does Not Cover.................6 Appendix B - Overview of Additional U.S. EPA Community Grant Programs .....................83 Chapter 2. Understanding the Players and the Laws Appendix C - Selected Other Environmental Justice Resources ...............................87 Identifying the Players..............................9 The U.S. -
Feminist Geographies of Difference, Relation, And
FEMINIST GEOGRAPHIES OF DIFFERENCE, 4 RELATION, AND CONSTRUCTION Deborah P. Dixon and John Paul Jones III Introduction and their associated methodologies: hence the plural ‘geographies’ in the title of this Feminist geography is concerned first and chapter. To facilitate our survey of feminist foremost with improving women’s lives by geography, we draw out three main lines of understanding the sources, dynamics, and research. Each of these holds the concept of spatiality of women’s oppression, and with gender to be central to the analysis, but they documenting strategies of resistance. In differ in their understanding of the term. accomplishing this objective, feminist geo- Under the heading of gender as difference, graphy has proven itself time and again as a we first consider those forms of feminist source for innovative thought and practice geographic analysis that address the spatial across all of human geography.The work of dimensions of the different life experiences feminist geographers has transformed research of men and women across a host of cultural, into everyday social activities such as wage economic, political, and environmental arenas. earning, commuting, maintaining a family Second, we point to those analyses that (however defined), and recreation, as well as understand gender as a social relation. Here, major life events, such as migration, procre- the emphasis shifts from studying men and ation, and illness. It has propelled changes in women per se to understanding the social debates over which basic human needs such relations that link men and women in com- as shelter, education, food, and health care are plex ways. In its most hierarchical form, these discussed, and it has fostered new insights relations are realized as patriarchy – a spatially into global and regional economic transfor- and historically specific social structure that mations, government policies, and settlement works to dominate women and children. -
The Emergence of Radical/Critical Geography Within North America
The Emergence of Radical/Critical Geography within North America Linda Peake1 Urban Studies Program, Department of Social Science York University, Canada [email protected] Eric Sheppard Department of Geography University of California, Los Angeles, USA [email protected] Abstract In this paper we aim to provide a historical account of the evolution of Anglophone radical/critical geography in North America. Our account is structured chronologically. First, we examine the spectral presence of radical / critical geography in North America prior to the mid-sixties. Second, we narrate the emergence of both radical and critical geography between 1964 / 1969 until the mid-1980s, when key decisions were taken that moved radical / critical geography into the mainstream of the discipline. Third, we examine events since the mid- 1980s, as radical geography merged into critical geography, becoming in the process something of a canon in mainstream Anglophone human geography. We conclude that while radical / critical geography has succeeded in its aim of advancing critical geographic theory, it has been less successful in its aim of 1 Published under Creative Commons licence: Attribution-Noncommercial-No Derivative Works 2 Eric’s first exposure was as an undergraduate at Bristol in 1971 when the newly hired lecturer Keith Bassett, freshly returned from Penn State, brought a stack of Antipodes to one of his lectures. Linda’s radical awakening also came in the UK, in the late 1970s courtesy of her lecturers at Reading University. Sophie Bowlby took her The Emergence of Radical/Critical Geography in North America 306 increasing access to the means of knowledge production to become a peoples’ geography that is grounded in a desire for working towards social change. -
The Psychology of Racism, Environmental Discrimination, and the Argument for Modernizing Equal Protection Analysis
Vanderbilt Law Review Volume 46 Issue 4 Issue 4 - May 1993 Article 5 5-1993 It's Not Easy Bein' Green: The Psychology of Racism, Environmental Discrimination, and the Argument for Modernizing Equal Protection Analysis Edward P. Boyle Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Environmental Law Commons Recommended Citation Edward P. Boyle, It's Not Easy Bein' Green: The Psychology of Racism, Environmental Discrimination, and the Argument for Modernizing Equal Protection Analysis, 46 Vanderbilt Law Review 937 (1993) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol46/iss4/5 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. NOTES It's Not Easy Bein' Green: The Psychology of Racism, Environmental Discrimination, and the Argument for Modernizing Equal Protection Analysis I. INTRODUCTION ........................................... 938 II. THE PSYCHOLOGY OF RACISM ............................ 940 A. The Dynamics of Individual Racism: Dominative and Aversive Types ............................ 942 B. The Dynamics of Institutional Racism .......... 945 C. The Historical Progression From Dominative to Aversive Racism ............................... .947 III. EQUAL PROTECTION ..................................... 950 A. Two Models of Equal ProtectionAnalysis ....... 952 B. Judicial Interpretationof the Clause............ 955 C. The Flaws Inherent in the Intent Standard ..... 963 IV. ENVIRONMENTAL DISCRIMINATION AND ITS CAUSES ....... 967 A. Racially Segregated Neighborhoods ............. 970 B. The Environmental Hazard Siting Process....... 971 C. The Lack of Real Representation for Minorities.. 977 V. THE SOLUTION: INTERMEDIATE-LEVEL SCRUTINY FOR ALL STATE ACTIONS WITH A SIGNIFICANT DISPARATE IMPACT ON SUSPECT CLASSES ..................................... -
Just Environmentalism
YALE LAW & POLICY REVIEW Just Environmentalism Brigham Daniels,* Michalyn Steele* & Lisa GrowSun*** Thirty years ago, the environmentaljustice movement emerged as a powerful critique of traditional environmentalism, which had largely ignored the distribution of environmental harms and the ways in which those harms were concentrated on the poor and communities of color. This Article calls for a similarly groundbreakingreimagination of both mainstream environmental policy and environmentaljustice: we argue that, to truly embrace justice, environmentalists must take account, not only of the ways that environmental harms uniquely impact vulnerable populations but also of the costs that environmentalprotection imposes on the most vulnerable among us. In this Article, we contend that both mainstream environmentalism and environmentaljustice have taken inadequateaccount of the costs and harms that environmental protection imposes on the vulnerable, particularlythe poor and communities of color. Drawingon examples from a wide variety of contexts-from the formation of nationalparks, to the protection of endangeredspecies, to regressive environmental taxes and regulations, to net metering policies that promote solar power-we demonstrate that there are many instances in which environmental Professor, BYU Law School. Associate Professor, BYU Law School. Professor, BYU Law School. The authors would like to thank Ann Carlson, Rob Verchick, Sarah Krakoff, Michael Pappas, Jim Salzman, Hari Osofsky, Holly Doremus, Blake Hudson, and the other participants at the Biannual Conference for the International Association for Scholarship on the Commons in the Netherlands, the Annual Environmental Justice Conference hosted by the Sydney Environment Institute in Australia, the UCLA Climate and Energy Workshop, and the Louisiana State University Conference on Emerging Issues at the Intersection of Energy and Coastal Environmental Hazards for their valuable feedback on the ideas in this Article.