The Law of Environmental Justice: Theories and Procedures to Address Disproportionate Risks
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Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.
requires a showing of actual or imminent injury. The injury need not be pecuniary, but it must be direct. For example, parents of public school students may not challenge the failure of the Internal Revenue Service to adopt standards by which to deny tax-exempt status to segregated schools. Even though the parents asserted that this impeded the desegregation of the schools their children attended, the Supreme Court found the harm not directly enough related to the claimed unlawful conduct.74 On
setting community boundaries using ZIP codes is that the population residing in the same ZIP code as the TSDF may not be coextensive with the population actually affected by the facility. Because some facilities were located near the boundary of a ZIP code area, residents located in a neighboring ZIP code area may have suffered greater risks or harms from the facility. This is particularly true where the cross-boundary population is in the direction that a potential air emission or effluent plume
Furthermore, even if a plaintiff could demonstrate that his or her union is subject to an independent state law duty of care unconnected to a collective bargaining agreement, such a direct state law obligation would be unlikely to survive the preemptive power of federal labor law.115 The decisional authority under federal labor law is clearthat a union's exclusive duty to its members under the collective bargaining agreement is that of fair representation.116 Because no general due care
(1999), 427 n.86 Kut-Kwick Corp., 11 BNA OSHC 1864 (OSHRC 1984), 696 n.59 L Ladish Malting Co., United States v., 135 F. 3d 484 (7th Cir. 1998), 713 n.266 Lampher v. Zagel, 755 F.2d 99 (7th Cir. 1985), 391 n.142 Lane v. Wilson, 307 U.S. 268 (1939), 9 Langan v. Valicopters, Inc., 88 Wash. 2d 855, 567 P.2d 218 (1997), 610 n.29 Langon v. Department of Health and Human Services, 959 F.2d 1053 (D.C. Cir. 1992), 699 n.85 Laramore v. Illinois Sports Facilities Auth., 722 F. Supp. 443 (N.D. Ill. 1989),
provision of rental housing both prior to and following rental.44 Yet for prospective EJ litigants, the narrower reading is clearly a less-than-optimal result, since it considerably restricts the section's reach. It therefore bears mentioning that the Southend court allowed that owners and renters of already-acquired property could bring actions under Section 3604(b) to protect their "intangible" interests. This is significant inasmuch as the Southend plaintiffs were not alleging that the