ENVIRONMENTAL
JUSTICE
CURRICULUM RESOURCE GUIDEBOOK
LAW COURSES
ENVIRONMENTAL
JUSTICE
CURRICULUM RESOURCE GUIDEBOOK
LAW COURSES
table of contentsEditors:
Abascal, Abascal & Cole, Harris & Cole, Collin, Deutsch, Engel, Engel 2, Shutkin & Lord
All materials copyright editor(s).
Center on Race, Poverty & The Environment
California Rural Legal Assistance Foundation
2111 Mission St., Suite 401
San Francisco, California 94110-1276
Ralph Santiago Abascal
Luke W. Cole
(415) 864-3405
(415) 626-4925
Syllabi for Environmental Justice Courses
Abascal, Ralph Santiago, "Race, Poverty & the Environment,"
Golden Gate University Law School, Spring 1993. (3pp.)
Boalt Hall Students, "Environmental Justice Reader,"
Independent Study, Spring 1993. (9 pp.)
Cole, Luke and Angela Harris, "Environmental Justice," Boalt
High School of Law, UC-Berkeley, Spring 1994. (7 pp.)
Collin, Robert, "Environmental Equity," University of Oregon
Planing Public Policy Management program, Spring 1994. (3pp).
Deutsch, Stuart, "Seminar in Urban Environmental Issues,:
Chicago-Kent College of Law, Fall 1993. (excerpts, 4 pp.)
Engel, Kirsten, "Equity and the Environment," Tulane Law
School, Spring 1993. (11 pp)
Hill, Barry, "Environmental Justice, "Vermont Law School,
Summer 1994. (8 pp.)
Jordan, Susan, "Environmental Justice Issues in East Palo
Alto," Stanford Law School, Fall 1993. (4 pp.)
Pinderhughes, Raquel Rivera, "Race, Poverty and the
Environment," San Francisco State University Urban Studies
Department, Fall 1992. (8 pp.)
Revesz, Sands and Stewart, "Advanced Environmental Law
Seminar," New York University School of Law, Spring 1994.
(excerpt, 1 p.)
Shutkin, Bill and Charles Lord, "Environmental Justice:
Principles and Practices," Boston College School of Law, Fall 1993.
(5 pp.)
West, Patrick, "Environmental Justice," University of Michigan
School of Natural Resources, Winter 1994. (5 pp.)
All materials copyright editor(s).
SEMINAR ON RACE, POVERTY & THE ENVIRONMENT
LAW 834C--ABASCAL; MONDAYS, 1:15-3:15 P.M.
I. Jan. 11 (class canceled, but start reading).
II. & III. Jan 25 & Feb. 1, 1993. Some perspectives on the nature
of some of the issues, or, what is this class about anyway?
1. Torres, "Introduction to Symposium on Race, Class and
Environmental Regulation," 63 U. Color. L. REV. 839-43 (1992) 1-5
2. Russell, "Environmental Racism," THE AMICUS JOURNAL 22-32
(Spring 1989) 6-17
3. Alston, "Transforming a Movement," 2 RACE, POV, ENVIRON.
1 (Fall 1991/Winter 1992); "Editor's Notes," id. at 2; "A Call to
Action, id. at 30; "Principles of Environ. Justice," id. 32 1
4. Mohai, Bryant, "Environmental Injustice: Weighing Race
and Class as Factors in the Distribution of Environmental Hazards,"
63 U. COLO. L. REV. 921-32 (1992) 18-29
5. Kay, "Minorities Bear Brunt of Pollution," Pt. 1, Special
Rpt., S.F. Examiner, April 7, 1991, at 1 30-34
6. National Law Jour., "Unequal Protection: The Racial
Divide in Environmental Law," A Special Supplement, Sept. 21, 1992
7. U.S. EPA, "Environmental Equity: Reducing Risk for All
Communities," Draft Rpt. to the Admin. from the EPA Environ. Eq.
Workgroup (Jan. 17, 1992), pp. 1-20, 3035 51-58
8. "The Real Story Behind EPA's "Environ. Eq. Rpt.," RPE (see
n. 1) at 5
9. Letter to President-Elect Bill Clinton from S.W. Network
for Environ. & Econ. Justice, Nov. 17, 1992 81-84
10. Rpts. of the lawyers Comm. for Civil Rts. Under Law:
a. To the Dept. of Justice Pres. Transition Team, Dec. 16,
1992, pp. 5-11
b. To the EPA Pres. Transition Team, Dec. 21, 1992, pp. 1-4,
7-14
11. U.S. Senate Bill 2806 (Gore), 102nd Cong, 2nd Sess.
(6/30/92), "The Environmental Justice Act of 1992"
IV. Feb. 8, 1993; a concrete example.
1. Various news clips
2. El Pueblo para el Aire y Agua Limpio, et al. v. County of
Kings, Chemical Waste Mgmt., No. 366045 Sacto. Sup. Ct., First
Amended Complaint
3. Id., Petitioners' Memo. of Pts. & Auth. in Support of Pet.
For Peremptory Writ of Mandate, pp. 1-54
4. Id., Pet. Reply Memo to Respondents' and Real Parties'
Opposition, pp. 18-32
V. Feb. 16, 1993; Some more perspectives of a more analytical
nature, on the nature of some of the issues.
1. Lazarus, "Pursuing 'Environ. Justice': the
Distributional Effects of Environ. Protection," 87 N.W. UNIV. L.
REV. 101 (1993)---forthcoming); read pp. 101-38 (178-215 in
materials), only
2. Cole, "Empowerment as the Key to Environmental
Protection," 19 ECOL L Q.---(1993-forthcoming)
VI. Feb. 22, 1993. Some pertinent cases and legal theories.
1. Excerpt from Abernathy, CIVIL RIGHTS & CONST. LITIGATION.,
pp. 75-78 (1992)
2. Bean v. Southwestern Waste Mgmt. Corp., 482 F. Supp. 673
(S.D. Tex. 1979)
3. East Bib Twiggs Neighborhood Assn. v Macon-Bibb Cty, Plan,
Comm., 706 F. Supp. 880 (M.D. Ga 1989) 271-78
4. Lazarus, supra, pp. 139-54 (216-31 in materials)
5. Tsao, "Ameliorating Environ. Racism: A Citizens' Guide to
Combating the Discriminatory Siting of Toxic Waste Dumps," 67
N.Y.U. L. REV. 366 (1992), pp. 366-75, 379-414
6. Cole, "Correspondence; Remedies for Environ. Racism: A
View from the Field," 90 MICH. L. REV. 1991 (1991)
VII & VIII. March 1 & 15, 1993. Title VI of the Civil Rights Act
of 1964
1. 40 C.F.R. Secs. 7.30-7.35
3. Excerpt from Abernathy, CIVIL RIGHTS & CONST. LIT., pp.
510-63 (1992)
4. Sec. 6, Civil Rights Restoration Act of 1987
IX & X. March 22 & 29, 1993. Title VIII of the Civil Rights Act of
1968.
1. Rabin, "Expulsive Zoning: The Inequitable Legacy of
Euclid," in Haar & Kayden, ZONING AND THE AMER, DREAM (1990), pp.
101-21
2. Metropolitan Housing Dev. Corp. v. Village of Arlington
Heights, 558 F. 2d 1283 (7th Cir. 1977)
3. Excerpts from Schwemm, HOUSING DISCRIMINATION: LAW AND
LITIGATION
XI. April 5, 1993. Guest Speakers.
XII. April 12, 1993. Preliminary mini-consultations for those
students who have not been able to schedule office meetings with me
because of scheduling conflicts. No class for all others.
XIII. April 19, 1993. Oral reports on papers by one-third of the
class.
XIV. April 26, 1993. Ditto.
XV. May 3, 1993. Ditto.
BOALT HALL STUDENTS
ENVIRONMENTAL JUSTICE READER
(SPRING 1993)
INDEX
I. INTRODUCTION AND HISTORICAL CONTEXT OF THE ENVIRONMENTAL
JUSTICE MOVEMENT
1. "The Health Gap", 2 The Minority Trendsetter 20, Center for
Third World Organizing (Spring 1989).
2. "Five Million Children", National Center For Children In
Poverty, Columbia University School of Public Health.
3. "Studies Providing Systematic Empirical Evidence Regarding The
Burden of Environmental Hazards by Income and Race", taken from a
book by Mohai, P. and Bryant, B. Race and the Incidence of
Environmental Hazards: A Time for Discourse, (1992), cited in, ,
Plater, Z., Abrams, R., and Goldfard, Wm., Environmental Law and
Policy: A Coursebook on Nature, Law, and Society (1992).
4. Ginsburg, Robert, "Quantitative Risk Assessment and the
Illusion of Safety", New Solutions, p.16 (Winter 1993).
6. Letter to Mr. Jay Hair, President, National Wildlife
Federation, from the Southwest Organizing Project (March 16, 1990).
7. Lee, C. Toxic Wastes and in the United States, United Church
of Christ (1987).
8. "Expanding the Dialogue" 18 EPA Journal 18 (March/April 1992).
II. THE GOALS AND LIMITS OF THE FOURTEENTH AMENDMENT IN PROMOTING
ENVIRONMENTAL JUSTICE
1. Been v. Southwestern Waste Management Corp., 482 F. Supp. 673
(1979).
2. East Bibb Twiggs Neighborhood Assoc. v. Macon-Bibb County and
Zoning Commission, 706 F. Supp. 880 (1989).
3. Godsil, R. "Remedying Environmental Racism", 90 Mich. L. Rev.
394 (1991).
4. Cole, L. "Remedies for Environmental Racism: A View from the
Field" 90 Mich. L. Rev. 1991 (1992).
5. Text of the Environmental Justice Act of 1992, (H.R. 5326,
102nd Cong., 2d Sess., June 4, 1992).
LAND USE INTRODUCTION
DOCUMENTING THE DISPARATE IMPACT OF LAND USE BURDENS
1. Vicki Been, Locally Undesirable Land Uses in Minority
Neighborhoods: Disproportionate Siting or Market Dynamics?
(unpublished manuscript, February 5, 1993).
2. Paul Mohai and Bunyan Bryant, Environmental Injustice Weighing
Race and Class as Factors in the Distribution of Environmental
Hazards, 63 Univ. Colorado L. Rev. 921 (1992).
3. James C. Robinson, Racial Inequality and the Logic of the Labor
Market, in Toils and Toxics (1991).
4. Robert D. Bullard, In Our Backyards: Minority Communities Get
Most of the Dumps, EPA Journal 11 (March/April 1992)
5. D.R. Wernette and L.A. Nieves, Breathing Polluted Air:
Minority Communities are Disproportionately Exposed, EPA Journal 16
(March/April 1992).
6. Dick Russell, Environmental Racism, The Amicus Journal 22
(Spring 1989).
CLASHING CULTURES: UNITING COMMUNITIES AND ENVIRONMENTAL
ORGANIZATIONS.
1. Nonny De La Pena and Susan Davis, The Greens are White
Newsweek, October 15, 1990, at 34.
2. Ronald A. Taylor, The Environmental Battlefield: Beyond Birds,
Bunnies and Bushes, Other Voices, Environment, Community
Development and Race, Summer 1991.
3. Victor Lewis, A Challenge to the Environmental Movement, Race,
Poverty, & the Environment, April 1990, at 4.
4. Felix Perez, The Nature of the Conservancy, Other Voices,
Environment, Community Development & Race, Summer 1991.
5. Gerald Lenoir, Crossing the Color Line, Other Voices,
Environment, Community Development & Race, Summer 1991.
ENVIRONMENTAL REVIEW: DOES IT CONTRIBUTE TO ENVIRONMENTAL
INJUSTICE?
1. "State is Way Behind in Meeting Its Low-Cost Housing Goals,"
SAN FRANCISCO CHRONICLE, March 20, 1990 at A2.
2. D'Agnillo v. United States Dept. of Housing and Urban Dev., 738
F. Supp. 1454 (S.D.N.Y. 1990), aff'd, 923 F.2d 17 (2d Cir. 1991),
cert. den.,____U.S._____, 111 S. Ct. 2898 (1991).
3. McCormick v. Board of Supervisors, 198 Cal. App. 3d 352 (1988).
4. Better Alternatives for Neighborhoods v. Heyman, 212 Cal. App.
3d 663 (1989).
LAND USE: STRATEGIES AND POSSIBLE SOLUTIONS
1. Louis Head and Michael Guerro, Fighting Environmental Racism,
Confronted (Fall 1991) (taken from a De Cal Class on Environmental
Justice).
2. Jesus Sanchez, The Environment: Whose Movement?, California
Tomorrow (Fall 1988).
3. Cynthnia Hamilton, Women, Home & Community: The Struggle in
the Urban Environment, Race Poverty and the Environment (April
1990).
4. Carl Anthony, Why African Americans Should Be
Environmentalists, Race, Poverty, and the Environment (April 1990).
5. Luke W. Cole, Empowerment As the Key to Environmental
Protection: The Need for Environmental Poverty Law, 19 Ecology
L.Q. 619, 641-683 (1992).
6. Gerald P. Lopez, Rebellious Lawyering: One Chicanos's
Perspective, 331-379 (1992).
7. Roberto Tomsho, Small Town in Alberta Embraces What Most
Reject: Toxic Waste, The Wall Street Journal (December 27, 1991).
8. Gary Bellow, Turning Solutions Into Problems: The Legal Aid
Experience, 34 NLADA Briefcase 106 (1977).
9. Gerald P. Lopez, Rebellious Lawyering: One Chicano's
Perspective, 25-55 (1992).
10. Tremblay, Rebellious Lawyering, Regnant Lawyering, and Street
Level Bureaucracy, 43 Hastings L.J. 947 (1992).
11. Lucy White, To Learn and Teach: Lessons from Defontein on
Lawyering and Power, 1988 Wis. L. Rev 699.
PESTICIDES INTRODUCTION
SECTION 1. FRAMING THE PESTICIDE PROBLEM
1. Fact Sheet on Farmworker Health, Working Conditions and
Pesticides
9. "Apaches Split Over Nuclear Waste," High Country News, p.11,
Jan. 27, 1992
INTERNATIONAL ENVIRONMENTAL JUSTICE: THE EXPORT OF HAZARDOUS
TECHNOLOGY
Introduction
1. "The Lessons of Bhopal; The Lure of Foreign Capital is Stronger
Than Environmental Worries," The Atlantic.
2. Barry Castleman and Prabik Purkavastha, "The Bhopal Disaster as
a Case Study in Double Standards." appendix to The Bhopal Syndrome.
The Legal Battle
1. Defendant's Memorandum in Support of Motion to Dismiss on the
Grounds of Forum Non Conveniens
2. Plantiff's Memorandum in Opposition to Motion to Dismiss
3. In re Union Carbide Corp. Gas Plant Disaster, 634 F. Supp. 842
(D.D.N.Y. 1986).
4. "Union Carbide Must Face Criminal Chargers in Bhopal Disaster,"
Reuters.
Legal Implications
1. "Theories of Parent Company Liability and the Prospects for an
International Settlement," Westbrook, 20 Tx. Int'L. J. 321 (1985).
2. "Bhopal and the Export of Hazardous Technologies," McGarity, 20
Tx. Int'L.J. 333 (1985).
3. Proposed Text of the Draft Code of Conduct on Transnational
Corporations, U.N. Doc. E/1988/39/Add. 1 (Feb. 1, 1988).
4. Proposed Foreign Environmental Practices Act, from Neff, Alan,
"Not in their Backyards, Either: A Proposal for a Foreign
Environmental Practices Act, 17 E.L.Q. 477 at 530-37 (1990).
INTERNATIONAL ENVIRONMENTAL JUSTICE: HAZARDOUS DUMPING IN THE
THIRD WORLD
The Problem
1. "The Paths of Least Resistance," from Global Dumping Ground
(1990).
2. "Bangkok Fire Raises Some Toxics Issues," N.Y. Times (?)
(1991).
3. "Impact of Toxic Wastes in Asia," from Toxic Terror (1989).
4. "A Silent War Killing Thousands," (1988).
2. Luke Cole and Susan Senger Bowyer, "Pesticides and the Poor in
California," Race, Poverty and The Environment, Spring 1991.
3. Marion Moses, "Pesticide-Related Health Problems and
Farmworkers," American Association of Occupational Health Nurses
Journal, March 1989.
4. Keith Schnider, "Migrant worker Group is Subject of Wide
Study," The New York Times, August 19, 1988.
5. Hal Rubin, "Chemicals and Pretty Produce," L.A. Daily Journal,
October 10, 1984.
SECTION 2. LEGAL AUTHORITIES AND REMEDIES
1. Lindelef, "California Farm Workers: Legal Remedies for
Pesticide Exposure," 7 Stan. Envt. L.J. 72, (1987-1988).
2. "Interpreting OSHA's Pre-emption Clause: Farmworkers as a Case
Study," 128 U. of Penn. L.R. 1509, (1980).
3. Joffe, Liz. "The Regulatory Scheme of Pesticide Control."
SECTION 3: STRATEGIES AND REMEDIES
1. "Refusing to Close Our Eyes: State Laws needed to Protect
Farmworkers from Pesticide Poisoning," NCAP News, Spring 1985, at
11.
2. Stephen Green, "Farm Workers in Legal Fights Over Pesticide
Exposure," LA Journal, Apr. 1987, at 20.
3. "Farmworkers Tackle Pesticides, Launch' One Less Apple a Day
Campaign," Race Poverty & the Environment, Spring 1991 at 20.
4. "Grape-Free Zones' are the Latest Boycott Tool," Race, Poverty
& the Environment, Spring 1991, at 19.
5. Jennifer Curtis, "Harvest of Hope," Race, Poverty & the
Environment, Spring 1991, at 3.
6. Les v. Reilly, 968 F. 2d 985 (9th Cir. 1992).
NATIVE AMERICAN ENVIRONMENTAL ISSUES
SECTION 1. CONTEXT OF ISSUES FACING NATIVE AMERICANS
1. Tee-Hit-Ton Indians v. United States, 348 U.S. 272 (1955).
2. Ward Churchill, "The Struggle for Newe Segobia," Z Magazine,
July/August 1992.
3. Treaty of Ruby Valley (1863).
SECTION 2. NATIVE AMERICANS AND LAND
1. American Indian Religious Freedom Act: Public Law 95-341-Aug.,
11, 1978; Joint Resolution.
2. Lyng v. Northwest Indian Cemetery Prot. Assn., 485 U.S. 439
(1987).
3. "Indians' New Foe: Environmentalists," The New York Times
National Saturday, December 28, 1991.
SECTION 3. JURISDICTION: WHO DECIDES?
1. "Environmental Protection in Indian Country," Solid Waste
Regulation and Management in Indian Country, National Congress of
American Indians, May 1990.
2. EPA Policy for the Administration of Environmental Programs on
Indian Reservations, 11/8/84, by William D. Ruckelshaus
3. "Implementation of EPA's Indian Policy," Native American Rights
FUnd Legal Review, p 8-9, Winter 1992.
SECTION 4. WASTE DISPOSAL
1. Letter to Chairman Inouye, Vice Chairman McCain, Members of the
Senate Select Committee on Indian Affairs and Participants, from
Select Committee Staff, Regarding Congressional Workshop on Solid
Waste Disposal in Indian Country, July 29, 1991.
2. State of Wash. Dept. of Ecology v. U.S. E.P.A., 752 F. 2d 1465
(9th Cir. 1985).
3. Blue Legs v. U.S. Bureau of Indian Affairs, 867 F. 2d 1094 (8th
Cir. 1989).
4. "Protecting Mother Earth: Native Americans Organize to Stop
Merchants of Hazardous Waste," The Minority Trendsetter, p.4-23,
Vol. 4, Number 4 Fall 1991.
5. "Waste Disposal on Indian Lands: A Boon or Bust Proposition?,"
Waste Age, p. 58 October 1991.
6. Press Release From Assemblyman Steve Peace, 80th Assembly
District, Dated September 13, 1991 #21.
7. "Healing Global Wounds," Race Poverty & the Environment, p. 18
Fall 1992.
8. "Grants Stir Interest in Nuclear Waste Site," Jan. 9, 1992, New
York Times.
Domestic Law
1. "Export of Hazardous Waste," Hazardous and Solid Waste
Amendments of 1984, 42 U.S.C. section 6938.
2. Regulations implementing 42 U.S.C. 6938.
3. Proposed "Waste Export and Import Prohibition Act.
4. West Virginia Emergency Response and Community Right to Know
Act.
International Law
1. Draft Code of Conduct for Transnational Corporations (UN
Commission on Transnational Corps.)
2. Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal (1989).
3. Bamako Convention on the Ban of Import into Africa and the
Transboundary Movement and Management of Hazardous Waste in Africa
(1991).
Analysis and Solutions
1. "Third World Nations are Down in the Dumps: The Exportation of
Hazardous Waste," 26 Brooklyn Int' 1.L.J. 311 (1990).
2. "The Controls on the Transfrontier Movement of Hazardous Waste
from Developed to Developing Nations: The Goal of a 'Level Playing
Field'" 11 Northwestern J. of Int'1 Bus. 641 (1991).
INTERNATIONAL ENVIRONMENTAL JUSTICE: INDIGENOUS PEOPLES AND
DEVELOPMENT
Introduction
1. "Indigenous Peoples, Environment and Development," pamphlet
published by the UN Dept. of Public Info. (Nov. 1992)
2. "Where Indigenous Peoples Live," pamphlet published by the UN
Dept. of Public Info. (Nov. 1992).
3. Johnson, Barbara Introduction," in Human Rights and the
Environment, Preliminary Report Submitted to Mme. Ksentini, UN
Rapporteur on Human Rights and the Environment, by Society for
Applied Anthropology (May 15, 1992).
4. Davis, Shelton H., "Introduction," in Indigenous Views of Land
and the Environment, World Bank Discussion Paper No. 188, Shelton
H. Davis (ed.) (1993).
Law
1. "Study on Treaties, Agreements and Other Constructive
Arrangements between States and Indigenous Populations" First
Progress Report, U.N. Doc. E/CN.4/Sub.2/1992/32 ("The First
Encounters: Indigenous Peoples, Euro-Centrism and the Law of
Nations" at 20-29.)
2. Draft Universal Declaration on the Rights of Indigenous
Peoples, U.N. Doc. E/N.4/Sub.2/1992/33 at 44-52.
3. Excerpts from "Report of the Working Group on the Indigenous
Populations on its Tenth Session" U.N. Doc. E/CN.4/1992/33 ("Land
and Natural Resources" at 22, "Environment and Development" at 26.)
4. Constitutional provisions, from Human Rights and the
Environment: The Legal Basis for a Human Right to the
Environment, Report to the Sub-Commission on the Prevention of
Discrimination and the Protections of minorities (April 1992) at
20-21.
Case Studies
The Yanomami of Brazil
1. The Pallemaerts, Marc, Development, Conservation, and
Indigenous Rights in Brazil, 8 Hum. Rts. Quart. 374 (Aug. 1986).
2. Bruinsma, James, "Brazil Enacts New Protections for the Amazon
Rain Forest", 30 Harvard Int'1 L.J. 503 (1989).
3. Yanomami case. OAS Case No. 7615 (Mar. 5, 1985).
4. Statement by Survival International, U.N. Doc.
E/CN.4/1990/Ngo/63.
5. Brooke, James, "Brazilian Moves to Rescue Tribe", New York
Times, Mar.27, 1990 at A1.
The Huaorani of Ecuador
1. Stonich, Susan and Johnston, Barbara, "Ecuadorian Oil
Development and the Waorani," in 35-36.
2. Petition Submitted to the Inter-American Comm'n on Human
Rights, OAS by CONFENIAE on Behalf of the Huaorani People Against
Ecuador, June 1, 1990. On File at Sierra Club Legal Defense Fund,
San Francisco.
3. Supplemental Petition, Jan. 1993. On file at Sierra Club Legal
Defense Fund, San Francisco.
The Role of American Environmental Groups
1. Cooper, Marc, "Oil Slick," Mother Jones, Nov/Dec.1991 at 25.
2. "Letter to fellow members of indigenous and environmental
groups," April 19, 1991.
Solutions
1. "Indigenous People and Self-Rule," pamphlet published by the
U.N. Dept. of Public Info. (Nov. 1992).
2. Brooke, James "Tribes Get Right to 50% of Columbian Amazon",
Feb. 4, 1990 at 4????
3. "World Tribal Body Formed to Protect Rain Forests," Reuter
Library Report, Feb. 17, 1992 (Available on LEXIS.)
4. Burger, Julian, The Gaia Atlas of First Peoples, at 100-101,
160-165 (1990).
NAFTA List of Readings
U.S. Industry and Pollution in Mexico
1. "Dirty Work," California Lawyer (1993).
2. "U.S. Waste Dump Proposals Bring Protests from Mexico,"
Christian Science Monitor (1992).
3. "Can Mexico Clean Up Its Act?" L.A. Times (1991).
4. The La Paz Pact
The Impact of NAFTA
1. NAFTA Perpetuates Environmental Problems of Canada-U.S. FTA,"
Global Pesticide Campaigner (1993).
2. "NAFTA Threatens Mexico's Rural Sector, Neglects Crucial
Issues," Global Pesticide Campaigner (1993).
3. "Remarks of Mary E. Kelly before the Senate Finance Committee,
February 20, 1991", Texas Center for Policy Studies.
4. "UNCED Undermined: Why Free Trade Won't Save the Planet,"
Greenpeace (1992).
5. "Trade and the Environment," GATT (1992).
Proposed Solutions
1. "Trading Away a Heritage of Diversity," Global Pesticide
Campaigner (1993).
2. "Remarks of Mary E. Kelly before the Senate Finance Committee,
February 20, 1991", Texas Center for Policy Studies.
3. "The Continental Development and Trade Initiative," A Statement
by Cuahetmac Cardenas, New York, February 8, 1991.
4. "Conclusion: Transforming Trade Relations, "from UNCED
Undermined: Why Free Trade Won't Save the Planet, Greenpeace
(1992).
5. "Trading Away Labor Rights," Minorities Trendsletter (1991).
All materials copyright editor(s).
Spring 1994
Wednesdays, 5:10 pm- 7pm
Room 135
Boalt Hall School School of Law
Angel Harris and Luke Cole
READING ASSIGNMENTS AND LECTUREE TOPICS
1. Janury 12. Introduction and Overview: What is Environmental
Justice?
Gerald Torres, "Understanding Environmental Racism," 63
University of Colorado Law Review 839 (992).
Karl Grossman, Environmental Racism," 98 The Crisis 14 (April
1991).
Bay Area Environmental Justice leaders, "An Open Letter to Bay
Area Law Schools," December 1993
First National People of Color Environmental Leadership
Summit, "Principles of Environmental Justice," October 1991.
Dick Russell, "Environmental Racism," The Amicus Journal 22
(Spring 1989).
"Rules for Giving and Getting Feedback"
2. January 19. Environmental Racism, Disproportionate Impact, and
Exacerbating Factors
A. The Disproportionate Impact of Environmental Hazards
Paul Mohai and Bunyan Bryant, "Race, Poverty & the
Distribution of Environmental Hazards: Reviewing the Evidence,"
Race, Poverty & the Environment (Fall 1991/Winter 1992) at 3.
U.S. General Accounting Office, Siting oof Hazardouos Wasted
Landfills and their Correlation with Racial and Economic Status of
Surrounding Communities (1983).
Charles Lee, Toxic Wastes and Race (United Church of Christ,
1987).
Kathryn Mahaffey, et. al., "National Estimates of Blood Lead
Levels: United States, 1976-1980," New England Journal of Medicine
(Sept. 2, 1982).
Luke Cole and Susan Senger Bowyer, "Pesticides and the Poor in
California," Race, Poverty & the Environment (Spring 1991).
James Robinson, "Racial Inequality and the Probability of
Occupation-related Injury or Illness," 62 Milbank Memorial Fund
Quarterly 567 (1984).
Flora Chu, "Asian Workers at Risk," 3 Race, Poverty & the
Environment 10 (Spring 1992*. (2p.)
Young-Im Yoo, "Asian Immigrant Women Advocates," 3 Race,
Poverty & the Environment 11 (Spring 1992). (2p.)
U.S. Environmental Protection Agency, Environmental Equity
Report.
B. Race and Environmental Hazards
Carl Anthony, "Why African Americans Should be
Environmentalists," 1Race, Poverty & the Environment 5 (April
1990). (2p.)
Elizabeth Martinez, "Beyond Black and White," 4 Race, Poverty
& the Environment (Fall 1993). (3p.)
Pam Tau Lee, "Environmental Justice for Asians and Pacific
Islanders," 3 Race, Poverty & the Environment (Spring 1992). (3p.)
Laura Pulido, "Deconstructing Environmental Racism: A look at
the Early Pesticide Campaign of the United Farmworkers Organizing
Committee," Race, Poverty & the Environment (Fall 1993).
Amanda Hawes, "IT's Time Latino Workers Stopped Dying for a
Job," Race, Poverty & the Environment (Fall 1993).
Paul Smith, "Lost in America," 3 Race, Poverty & the
Environment 1 (Fall 1992). (3p.)
Winona LaDuke, "We are Still Here: The 500 Years
Celebration," 3 Race, Poverty & the Environment 3 (Fall 1992). (3
p.)
"Native Lands 1492-1992," 3 Race, Poverty & the Environment 5
(Fall 1992). (1p.)
C. Race, Class, Gender: Structural Inequality in the U.S.
National Committee on Pay Equity, "The Wage Gap: Myths and
Facts," in Paula Rothenberg, Racism and Sexism: An Integrated
Study (1988).
James C. Robinson, "Racial Inequality and the Logis of the
Labor Market," Toil and Toxics 95-107 (1991).
Rebecca Villones, "Women in the Silicon Valley," from Making
Waves: An Anthology of Writings by and About Asian American Women
(Asian Women United of California, eds., 1989).
Robert Bullard and Beverly Hendrix Wright, "Blacks and the
Environment," 14 Humboldt Journal of Social Relations (1986/87).
Douglas Massey and Nancy Denton, American Apartheid: Segregation
and the Making of the Underclass (1993).
Joan Bernstein, "The Siting of Commercial Waste Facilities:
An Evolution of Community Land Use Decisions," 1 Kansas Journal of
Law and Public Policy (Summer 1991).
Cerell Associates, "Political Difficulties Facing Waste to
Energy Plant Sitings," California Waste Management Board (1984).
Susan Drake, "Immigrants Rights to Health Care," Clearinghouse
Review (Summer 1986).
3. January 26. Responses: the Environmental Movement and the
Environmental Justice Movement
A. The Mainstream Environmental Movement
Peter Montague, "What We Must Do--A Grassroots Offensive
Against Toxics in the '90," The Workbook 90 (July-September 1989).
(11 p.)
B. The Environmental Justice Movement
Robert D. Bullard and Beverly H. Wright, "The Quest for
Environmental Equity: Mobilizing the Black Community for Social
Change," 1Race, Poverty and the Environment 3 (July 1990). (4p.)
Gulf Coast Tenants Association and others, Letter to Group of
10 (March 1991
Southwest Network for Environmental and Economic Justice, letter to
William K. Reilly, Administrator, US EPA (July 1991).
Ann Bastian and Dana Allston, "New Developments in the
Environmental Justice Movement," September 1993.
Shelia Foster, "Race(ial) Matters: The Quest for
Environmental Justice, 20 Ecology Law Quarterly (forthcoming 1994).
Luke Cole, "Empowerment as the Means to Environmental
Protection: the Need for Environmental Poverty Law," 19 Ecology
L.Q. 619, 634-654.
C. Jobs and the Environment
"Apaches Split Over Nuclear Waste," High Country News 11
(January 27, 1992).
4. February 2. Community Response-----A Case Study: Richmond.
Guest Lectures: Henry Clark of West County Toxics Coalition
Richard Toshiyuki Drury of CBE
A. Community Response
Cynthia Hamilton, "Women, Home and Community: The Struggle
ina n Urban Environment," 1 Race, Poverty & the Environment 3
(April 1990).
Regina Austin and Michael Schill, "Black, Brown, Poor and
Poisoned: Minority Grassroots Environmentalism and the Quest for
Eco-Justice," 1 Kansas Journal of Law and Public Policy 69 (summer
1991).
B. A Case Study: Richmond, California
Citizens for a Better Environment, Richmond at Risk:
Community Demographics and Toxic Hazards from Industrial Polluters
(1989).
West County Toxics Coalition handouts and materials
News Clips from Richmond.
5. February 9. Legal Response I: Environmental Law,
Straight Up and With a Twist
Peter Reich, "Greening the Ghetto: A Theory of Environmental
Race Discrimination," Kansas Law Review (1993).
Luke Cole, "Environmental Justice Litigation: Another Stone
in David's Sling," Fordham Urban Law Journal (forthcoming 1994).
NEPA and CEQA materials from Dwyer environmental law
materials.
El Pueblo para el Aire y Aqua Limpio v. County of Kings,
excerpts from Opening and Reply brief on CEQA public participation.
6. February 16. Legal Response II: Civil Rights Challenges
based on Title VI and Title VIII and other Statutes
Guest: Ralph Santiago Abascal, General Counsel, CRLA
Richard Lazarus, "Pursuing 'Environmental Justice': The
Distributional Effects of Environmental Protection," 87
Northwestern Law Review (1993).
Paul Sonn, Memorandum to NAACP LDF on Title VI (1993).
Complaint in Clean Air Alternatives Coalition v. Caltrans
(N.D. Cal. 1992).
7. February 23. Legal Response III: Civil Rights claims
under the U.S. Constitution
Arlington Heights v. Metropolitan Housing Development Corp.,
429 U.S. 252 (1977).
Washington v. Davis, 426 US 229 (1976).
Bean v. Southwestern Waste Management, 482 F. Supp. 673 (SD
Tex 1979).
East Bib Twiggs Neighborhood Assn v. Macon Bibb County Planing
& Zoning Comm'n., 706 F. Supp. 880 (M.D. Ga. 1989).
RISE v. Kay, 768 F Supp. 1141 (E.D. Va. 1991).
Rachel Godsil, "Remedying Environmental Racism," 90 Michigan
L. Rev. 394 (1991).
Luke Cole, Remedies for Environmental Racism: A View from the
Field," 90 Michigan L. Rev. 1991 (1992).
8. March 2. Other Strategies
A. Enforcement Strategies
Marcia Coyle, Marianne Lavelle, and Claudia MacLachlan,
"Unequal Protection Series, National Law Journal (September 21,
1992).
Eileen Gauna, "Citizens Suits" article (forthcoming)
Jane Perkins, "Lead Poisoning and Poor Children," 1
Environmental Poverty Law Working Group News 13 (1992/93).
Proposition 65 material
B. Legislative Strategies----Federal and State Environmental Justice Laws: Worth the Effort?
Deeohn, Ferris, "Environmental Justice Legislation," 3 Race,
Poverty and the Enviroment 48 (Fall 1993/Winter 1994).
Rachel Godsil, "Remedying Environmental Racism," 90 Michigan
L. Rev. 394 (1991).
The Environmental Justice Act of 1993.
California Law: AB 2212, before and after
9. March 9. Lawyering for Social Change
Guest Lecture: Jerry Lopez
Citizens Clearinghouse for Hazardous Wastes, A User's Guide to
Lawyers (1989)
Jerry Lopez, excerpts from Rebellious Lawyering (1993).
Jerry Lopez, "The Work We Know So Little About," 42 Stanford
L. Rev. 1 (1989).
Lucie White, "To Learn and To Teach," 1988 Wisconsin L Rev.
699.
Derrick Bell, "Serving Two Masters: Integration Ideals and
Client Interests in School Desegregation Litigation," 85 Yale L. J.
470 (1976).
10. March 16. Case Study: Oakland
Guest speaker: Francis Calpotura, Center for Third World
Organizing
Lead materials
Oakland case study materials
Louise Trubek, "Critical Lawyering: Toward a New Public
Interest Practice," 1 Boston University Public Interest Law Journal
49 (1991). (7 p.)
11. March 23. Environmental Poverty Law & Community Empowerment
Lecture: Community Organizing Workshop
A. Lawyering
Luke Cole, "Empowerment as the Means to Environmental
Protection," continued.
B. Community Organizing
Citizens Clearninghouse for Hazardous Wastes, handouts on
organizing.
No class March 30--Spring Break
12. April 6. Environmental Poverty Law II. Using the Media.
Class would be a workshop on using the media.
13. April 13. Student presentations.
No class on April 20 (rescheduled for 5-7 on April 28)
14. April 27. Student presentations
15. April 28. Student presentations.
16. May 4. Class Party.
All materials copyright editor(s).
Environmental Eqity, Seminar Winter 1994
FFFF 407 Robert Collin
Topical Outline
I. Law and History of Hazardous waste and Solid Waste Disposal and
Facility Siting
A. The Studies and the Explanations
1. General Accounting Office 1983
2. Toxic Waste and Race Report 1987
3. Environmental Protection Agency Report 1990
4. Greenpeace Report 1995
B. Benefits, Burdens and Interest Groups
1. Income Groups
2. African Americans
3. Native Americans
4. Latinos
5. Women
II. Toward Equitible Distribution
A. Civil Rights Law
1. Federal Civil Rights Law
2. Constitutional Equal Protection
B. Risk Perception and Communication
1. What is "Risk"
2. Feminist Critique of Science
3. Scientific Method and Value Choices
C. Community Empowerment
1. Waste Siting Practices
2. Herbicides, Pesticides
D. Legislated Distributive Justice
1. Environmental Justice Act of 1992
III. Environmental Equity and Sustainability
A. Definitions of Sustainability
1. Gro Bruntland World Commission Report
2. Moral and Economic Philosphies
B. The Relationship of Equity to Sustainability
1. United States
2. Globally
Course Assignments and Deadlines
For the Weeek of:
January 3
Course overview--class introductions--discussion leader
assignments. Introductory lectures on background, definitions, and
history of environmental equity. Read--"Environmental Protection---Has It Been Fair?" by Taylor, "And What words Shall Describe the
Mississippi, Great Father of Rivers" by Parfit, "Environmental
Equity: A Law and Planning Approach to Environmental Racism" by
Collin.
January 10
The studies and explanations of environmental inequity. Read
"Race and Environmental Justice in the United States" by Bullard.
January 17
Read--Race and Environmental Justice in the United States by
Bullard. Environmental Protection--Has It Been Fair? EPA Journal.
Supplemental Reading: Toxic Wastes and Race in the United States:
A National Report on the Racial and Socio-Economic Characteristics
fo Communities with Hazardous Waste Sites by the United Church of
Christ (Cleveland 1987). Reducing Risk for all Communities by the
U.S. Environmental Proctection Agency (Washington, D.C. 1992) and
Waste Siting Decisions and Communities of Color: A Call for
Research by Collin.
January 17
Benefits, burdens and interest groups.
Read--Pursuing Environmental Justice: The Distributional Effects
of Environmental Protection" by Lazarus, "Indian Rights and the
Environment" by Wiggins, Escaping Environmental Paternalism: One
Tribe's Approach to Developing A Commercial Waste Disposal Project
in Inddian Country" by Grover & Walker, "Environmental Proction
and Native American Rights: Controlling Land Use thought
Environmental Regulation" by Royster. "Race and the Creation Myth
of America" by Chang. "Radioactive Wastes: A Problem of Morality
Between Generations byt MacLean, "The Muted Voice: The Role of
Women in Sustainable Development" by Housman
Supplemental Reading: CONTAMINATED COMMUNITIES: THE SOCIAL AND
PSYCHOLOGICAL IMPACTS OF RESIDENTIAL TOXIC EXPOSURE by Michael
Edelstein (Boulder, CO. Westview Press 1988)
January 24
Equitable distribution of environmental risk and benefit.
Rady "Race and Environmental Equity: A Geographic Analysis in Los
Angeles" by Burke. "Injunctions for NEPA Violations: Balancing
teh Equities" by Herrmann, "Environmental Protection: The
Potential Misfit Between Equity and Efficiency" by Tarlock,
Supplemental Reading: TOXIC NATION: THE FIGHT TO SAVE OUT
COMUNITIES FROM CHEMICAL CONTAMINATION by Fred Setterberg and Lonny
Shavelson (Jonn Wiley, NY 1993): "Race, Space, and Place: The
Relation Between Architectural Modernism, Post-Modernism, Urban
Planning, and Gentrification" by Aoki, 20 FORDHAM LAW REVIEW 699
(1993).
February 7
OUTLINE DUE.
Civil rights laws as they apply to the environment. Risk
perception and communication. Read--"Hazardous Waste Disposal and
the Problems of Stigmatic Racial Injury" by Wright", Empowerment as
the Key to Environmental Protection: The Need for Environmental
Poverty Law" by Cole, "Reclaiming Environmental Law: A Normative
Critique of Comparative Risk Analysis" by Hornstein, Feminism
Confronts Science and Technology by Cuttner, "Risk Communication:
Supplemental Reading Discourse with the Public" by Renn.
Supplemental Reading: SOCIAL THEORIES OF RISK by Krimsky and
Golding, "Scientific Uncertainity and the Precautionary Principle"
by Bodansky in ENVIRONMENT (9/91) at 4.. and "Risk Perception and
Risk Management: A Review" by Renn (1990).
February 14
Community empowerment and legislated distributive justice.
Read-"Legal Strategies for Achieving Environmental Equity" by
Swanston. "Remedies for Environmental Racism: A View from the
Field" by Cole, "Do Communities Have Rights? The National Parks As
a Laboratory of New Ideas" by Sax. The Environmental Justice Act 139
1243, 1992 p. 421. Environmental Equity and the Need for
Environmental Intervention Two Modest Proposals by Collin p. 447.
Supplemental Reading: A Cabin on the Mountain: Reflections on the
Distributional Consequences of Environmental Protection Programs by
Elliot 1 KANSAS JOURNAL OF LAW AND PUBLIC POLICY 5 (1991).
February 21
Environmental equity and sustainability, definitions of
sustainability, moral and economic philosophies.
Read-"Gender Bias: Roadblock to Sustainable Development" by
Jacobson p. 445.
Supplementary Reading: Individual and Communitarian Theories of
Justice" 21 U.C. DAVIS LAW REVIEW 549 (1988).
February 28
FIRST DRAFT DUE
The relationship of equity and sustainability: domestically.
Read-"Equity and Evaluation by Sargent p. 478. "Sustainability and
Equity" by Raskin p. 479.
Supplemental Reading: "Shifting the Burden of Proof: How the
Common Law Can Safeguard Nature and Promote an Earth Ethic" by
Olson 20 ENVIRONMENTAL LAW 891 (1990).
March 7
The relationship of equity and sustainability:
internationally.
Read-"Equity, Special Considerations and the Third World" by Cheng
p.481. Legal reatment of Developing Countries: Differential.
Contextual, and Absolute Norms" by Magraw p. 434.
Supplemental Reading: "Why Culture Matters: The Economic
Challenge by Mamadou Dia FINANCE AND DEVELOPMENT 10, December 1991,
"NIMBY*: Not in Mexico's Back Yard? A Case for Recognition of a
Human Right to Healthy Environment in the American States" by Scott
Cahalan 23 GEORGIA JOURNAL OF INT'L & COMP. L. 409 (1993), AND
"Participation and Litigation Rights of Environmental Associations
in Europe: Current Legal Situation and Practical Experience" by
David Wirth 14 MICHIGAN JOURNAL OF INTERNATIONAL LAW 465 (1993).
March 14 FINAL PAPERS DUE
Final discussion of papers and course wrap-up.
CLASS LOGISTICES
Every class will have one or two discussion leaders who will
meet with the Professor at least one hour before their respective
class. All students will be required to write one page summaries
of the reading for the week and to get them to the discussion
leaders for that week, starting the second week. The discussion
leaders will incorporate these papers in their discussion with the
Professor and with the class. I will collect all papers after the
discussion group leaders are done with them.
An orginal research paper is required. It will be evaluated
using the attached format. The topic must be related to the course
and approved by the instructor. The outline will be worth 20% of
the final grade. The final paper will be worth 50% of the final
grade, and the weekly papers will be worth 10% of the final grade.
The is no textbook but there is a set of required readings, which
may be supplemented during the course. There are also supplemental
readings, which are not required.
All readings will be on reserve.
All materials copyright editor(s).
SEMINAR IN URBAN ENVIRONMENTAL ISSUES
PROFESSOR STUART L. DEUTSCH
FALL, 1993 SEMESTER
Chicago-Kent College of Law
Illinois Institute of Technology
565 West Adams Street
Chicago, Illinois 60661-3691
Tel 312 906 5000
Fax 312 906 5280
Program In Environmental and Energy Law
Professor A. Dan Tarlock
Professor Stuart L. Deutsch
Co-Directors
CLASS MEETINGS AND SYLLABUS
NOTE: FOR EACH CLASS MEETING, A SET OF READINGS WILL BE PUT ON
RESERVE IN THE LIBRARY, IDENTIFIED BY DATE. IF YOU HAVE THE
MATERIALS JUST BEFORE THE CLASS MEETING, PLEASE BRING THE MATERIALS
TO CLASS WITH YOU.
Aug. 26- Organization meeting-no readings
Sept. 2- The urban environment: introductory material
Sept. 9- Environmental racism; PAPER TOPIC STATEMENT DUE
Sept. 16- ROSH HASHANAH
Sept. 23- Environmental racism, continued: Keith Harley
guest speaker; OUTLINE DUE
Sept. 30- NO CLASS-OUTLINE RETURNED
Oct. 7- Final class on environmental racism
Oct. 14- Urban air pollution: compliance with the 1990 Clean Air Act Amendments
Oct. 21- Urban air pollution, continued, and water pollution
Oct. 28- Hazardous and solid waste problems
Nov. 4- Hazardous and solid waste problems, continued; FIRST DRAFT of PAPER DUE
Nov. 11- The special problem of lead in the urban environment
Nov. 18- NO CLASS-FIRST DRAFTS RETURNED
Nov. 25- THANKSGIVING
Nov. 30- NO CLASS- FINAL DRAFT OF PAPER DUE (THIS IS A TUESDAY)
Dec. 2- Wrap up--Solving the critical urban pollution problems
GRADING AND ATTENDANCE
This seminar is one of the seminars for students in the
Program in Environmental and Energy Law as well as part of your
legal writing requirement for graduation. Your grade will be based
mainly on your paper, although I will include a factor for class
participation. Indeed, your final grade can be raised or lowered
one level from the paper grade (or may remain the same), based upon
your class participation.
I expect you to devote substantial time to the paper over the
entire semester. The final paper should be approximately 25-50
pages long, typed, double spaced with one inch margins, and
following reasonably good blue book (or equivalent) form. It is
due on Tuesday, November 30 at 5:00 p.m. at my office.
You should give me a one page typed statement of your topic at
the start of class on September 9. Contact me before then to
discuss your ideas, since I must approve the topic. You may choose
a topic from the attached list of potential topics, or suggest a
different one related to urban environmental issues.
A complete outline is due in class on September 23. By a
complete outline I mean one that shows the major topic areas and
major subparts of the paper. You should include a preliminary
bibliography with the outline. I will return the outline on
September 30. Make an appointment with me to discuss the outline
for that day, preferably during the time the Seminar ordinarily
meets (it will not meet that day).
A complete first draft of the paper is due at the start of
class on November 4, 1993. The draft should be roughly the same
length as the finished paper, and should include virtually all of
the paper. I will read and make comments on the paper and return
it to you during the week that includes November 18. Make an
appointment to discuss the draft paper, preferably during the
seminar meeting time.
Again, the paper is due on November 30 at 5:00 p.m. at my
office. Please don't ask for an extension, except for the most
extraordinary reason.
Unfortunately, there have been several incidents of plagiarism
in seminars in the last few years. Please be sure you use proper
citation form and credit all sources. Needless to say don't copy
from someone else's work, whether published or unpublished.
Attendance is expected for all sessions, especially when we have
guest speakers. In addition to physical presence, try for mental
presence: you should have read the materials and should take part
in the discussion. I may designate one or more members of the
class to be particularly well prepared for some of the sessions.
PAPER TOPICS
1. Environmental Racism-There are many possibilities for papers
for this topic, including a general overview of the problem, or a
focus on a particular aspect, such as a case study of a specific
group or controversy here in the Chicago area (People for Community
Recovery on the southeast side of Chicago, Lake Calument Coalition,
etc.), or a focus on solutions to the problem. Use your
imagination to develop a paper within this subject.
2. Select a contaminated property and explore its effect on the
neighborhood in which it is located, the laws regulating clean-up
and use, and other aspects of the process of identification,
treatment and reuse. Shave identified several properties that have
been involved in litigation and/or clean-up attempts that should
make interesting papers, including: 1. 1040 West 111th Street in
the Roseland area (an abandoned warehouse that a community
organization wanted to purchase and rehabilitate until extensive
contamination was found); 2. 2345-67 and 2342-70 East 70th Place
and 2372 East 71st Street in the South Shore neighborhood (which is
one property despite the multiple addresses; it was the site of a
gas state and other uses until sometime during the 1970's; the
South Shore Bank was prepared to use it for housing and business
development until contamination was detected); 3. 6 parcels on
South Burley (9128, 9130, 9132, 9136, 9140 and 9142) which a
religious order wanted to use for scattered-site low income housing
until contamination was found; 4. the now closed South Works of
U.S. Steel; 5. the Lake Calument area, especially including the
wetlands areas and the proposed airport site; 6. the abandoned
brewery that is the first building people see when entering Chicago
from the east via the Chicago Skyway; 7. any other site you identify
in the Chicago area which has possible environmental problems and
needs to be treated before reuse.
3. There is a proposed federal "Abandoned Land Reuse Act of 1993",
Senate Bill 299. You could write a paper about the idea and
details of the proposed statute, what it would do, whether it
would work, who would be helped, etc. I have a copy of the bill
available.
4. Select a neighborhood or community in the Chicago area and do an
analysis of the environmental conditions, problems, and health
effects in the area. What statutes might be used to improve the
environmental conditions, and what new programs might be needed to
meet environmental quality goals?
5. Air pollution and compliance with the Clean Air Act Amendments
of 1990. A paper could focus on Chicago's severe non-attainment
status for ozone in general, or on transportation controls and
other measures that will be needed to come into compliance, or on
the new permit program for all major sources, or marketable emission
permits for the 103 power plants covered by Phase I and the likely
impact on Chicago and/or cities in general; it could look at the
toxic air pollutants problems in Chicago and the new regulation
program; it could look at one or more of the criteria pollutants
and the health and environmental effects in the Chicago area, etc.
6. Water Pollution-a paper on this topic could focus on the
conditions of the Calumet lake, river, and canal system; or the
problems of Waukegan harbor; or southern Lake Michigan pollution in
general; or the likely contamination of fish caught in Chicago and
consumed; or sewage treatment problems, especially during storms.
7. Hazardous and Solid Wastes-this could include a study of one or
more of the active hazardous waste sites on the south and southeast
sides of Chicago, emphasizing health effects, impacts on community
development, etc.; it could look at the incinerator on the south
side- it's history, operational history and problems, whether it
should be allowed to resume operations, etc.; you could look at the
proposed incinerator for Calument City and the controversy over its
approval; you could look at one or more of the abandoned
contaminated sites or hazardous waste disposal sites in the Chicago
area- what is there, how did the material get there, who is
affected, can it be cleaned and reused, etc.
8. Lead is a particular problem for urban areas because of air
pollution, leaching from lead pipes and solder, residues from the
past, etc. You could focus on the history of lead standards and
regulation, and the programs now in place to protect against lead;
you could study the special problems of pregnant women and small
children; or look at residential lead problems.
9. Any topic that you wish, provided you discuss it with me first.
All materials copyright editor(s).
Environmental Law Seminar
Tulane Law School
Professor Kirsten Engel
Spring 1993
INTRODUCTION: OVERVIEW AND PROVOCATION
PART ONE: DISTRIBUTION OF ENVIRONMENTAL HARMS
A. The Domestic Problem
1. The Law and History of Hazardous and Solid Waste
Disposal and Facility Siting
2. Domestic Distribution of Waste Disposal
(a) The Studies and the Explanations
(b) Benefits, Burdens, and Interest Groups
3. Toward Equitable Distributions: Proposed Solutions
(a) Civil Rights Law
(b) Sensitivity Analysis
(c) Community Empowerment
(d) Legislated Distributive Justice
B. Trade in Environmental Harms: The Domestic Issues Recast
in the Context of Sovereignty
1. The Native American and Native Hawaiian Experience
(a) Business Opportunity or Exploitation?
(b) The Politics of Land Use Control
2. Developing Countries
(a) Business Opportunity or Exploitation Redux
(b) The Limits of Consent
3. International Human Rights Standards: Filling in the Treaty Gaps?
4. Harm to Whom? The Problem of Moral and Legal Relevance
PART TWO: CONSERVATION, DEBT AND DEVELOPMENT
A. Conservation Models
1. Community Rights
2. The "New Thinking: "Sustainable Development"
B. Global Resources: The West's Debt to Developed Nations
C. International Lending and Trade
All materials copyright editor(s).
Environmental Law Seminar
Tulane Law School
Spring 1993
Syllabus
Professor Kirsten Engel
Office Hours: Rm 200-G, Most afternoons and by appointment
Materials: Required: Xeroxed materials
Recommended: Peter Wenz, ENVIRONMENTAL JUSTICE
(1988)
Requirements: Written: 25 pg. research paper
weekly 1 pg. commentaries
Oral: research paper presentation
joint discussion leader--one class
January 14: pgs. 12-51
INTRODUCTION: OVERVIEW AND PROVOCATION
Brief Excerpts from the following:
Lead Poisoning, 102nd Cong., 2d Sess. 181 (1992);
Williamson B.C. Chang, "The 'Wasteland' in the Western Exploitation
of 'Race' and the Environment," 63 U.COLO. L. REV. 849, 863 (1992);
E. Donald Elliott, Jr., "A Cabin on the Mountain: Reflections on
the Distributional Consequences of Environmental Protection
Programs," 1 KAN. J.L. & PUB. POL'Y 5 (1991);
"Let Them Eat Pollution," The Economist, February 8, 1992;
"Pollution and the Poor," The Economist, February 15, 1992;
Cheng, Zheng-Kang, "Equity Special Considerations, and the Third
World," 1 COLO. J. INT'L ENVT'L. L. & POLY'Y 57 (1990);
Douglas Maclean, "Radioactive Wastes: A Problem of Morality
Between Generations," in Roger Kasperson, EQUITY ISSUES IN
RADIOACTIVE WASTE MANAGEMENT (1983);
Edith Brown Weiss, "Agora: Global Environmental Responsibility,"
84 Am. J. Int'L. 198 (1990);
A. Dan Tarlock, "Environmental Protection: The Potential Misfit
Between Equity and Efficiency," 63 U. COLO. L. REV. 871 (1992)
Roger Kasperson, EQUITY ISSUES IN RADIOACTIVE WASTE MANAGEMENT 332
(1983).
January 21: pgs. 52-115
PART ONE: DISTRIBUTION OF ENVIRONMENTAL HARM
A. The Domestic Problem
1. The Law and History of Hazardous and
Solid Waste Disposal ad Facility Siting
Jonathan Stone, "Supremacy and Commerce Clause Issues Regarding
State Hazardous Waste Import Bans," 15 Colm. J. ENVT'L L. 1 (1990)
(excerpt)
"Governor Proposes Legislation to Ban Construction of Hazardous
Waste Facilities," 18 ENVT'L REP. (BNA) 2147 (1988);
Chemical Waste Management v. Hunt, No. 91-471 (June 1, 1992);
Robert Bullard, DUMPING IN DIXIE 69 (1990) (profile of Emelle,
Ala.);
"South Carolina Agency Tells EPA It Will Restrict Outside Waste
Flow," 19 ENVT'L REP. (BNA) 268 (1988);
Hazardous Waste Treatment Council v. South Carolina, 945 F.26 781
(4th Cir. 1991);
Warren County v. North Carolina, 528 F. Supp. 276 (E.D.N.C. 1981);
Robert Bullard supra (profile of Warren County, N.C.);
Rachel Godsil, "Remedying Environmental Racism," 90 Mich. L. Rev.
394, 401 (1990) (discussing the siting process);
Bernd Holznagel, "Negotiation and Mediation: The Newest Approach
to Hazardous Waste Facility Siting," 13 B.C. ENVT"L AFF. 329 (1986)
(same);
Orlando Delogu, "'NIMBY' is a National Environmental Problem," 35
S.D. L. Rev. 198 (1990);
Joan Bernstein, "The Siting of Commercial Waste Facilities:
An\Evolution of Community Land Use Decisions," 1 KAN.J.L. & PUB.
POL'Y 83 (1991);
Roger Kasperson, EQUITY ISSUES IN RADIOACTIVE WASTE MANAGEMENT 88
(1990) (equity and public decision making);
Robert Bullard, supra;
Letter from Richard Brooks, President Noxubee County Local Branch
of NAACP to Members of the Indiana University Foundation (Oct. 12,
1992) and accompanying NAACP branch Resolution.
January 28: pgs. 116-239 GUEST SPEAKER: Dr. Beverly Wright
Sociologist, Xavier University
2. Domestic Distribution of Waste Disposal
a. The Studies and the Explanations
Paul Mohai and Bunyan Bryant, "Environmental Injustice: Weighing
Race and Class as Factors in the Distribution of Environmental
Hazards," 63 U. COLO. L. REV. 921 (1992);
Robert Bullard and Beverly Wright, "Environmentalism and the
Politics of Equity: Emergent Trends in the Black Community," 12
Mid-American Review of Sociology 21 (1987);
General Accounting Office, Siting of Hazardous Waste Landfills and
Their Correlation With Racial and Economic Status of Surrounding
Communities, GAO/RCED-83-168 (June 1, 1983);
United Church of Christ, Toxic Wastes and Race: A National Report
on the Racial and Socio-economic Characteristics of Communities
with Hazardous Waste Sites (1987);
Jay M. Gould, Quality of Life in American Neighborhood: Levels of
Affluence, Toxic Waste, and Cancer Mortality in Residential Zip
Code Areas (1986);
"Unequal Protection," National Law Journal, Special Report (Sept.
21, 1992);
Matthews Rees, "Black and Green," The New Republic, March 2, 1992;
Ivette Perfecto and Baldemar Velasquez, "Farm Workers: Among the
Least Protected," 18 EPA Journal 13 (March/April 1992);
Patrick C. West, "Health Concerns for Fish-Eating Tribes?," 18 EPA
Journal 15 (March/April 1992);
D.R. Wernette and L.A. Nieves, "Breathing Polluted Air," 18 EPA
Journal 16 (March April 1992);
William K. Reilly, "Environmental Equity: EPA's Position," 18 EPA
Journal 18 (March/April 1992);
b. Benefits, Burdens and Interest Groups
Richard Lazarus, "Pursuing 'Environmental Justice:' The
Distributional Effects of Environmental Protection," 87 Nu. L.
Rev._____ (1993) (DRAFT);
E. Donald Elliot, supra Jan. 14.
February 4: pgs. 240-429
3. Toward Equitable Distributions: Proposed Solutions
a. Civil Rights Law
George Wright, "Hazardous Waste Disposal and the Problems of
Stigmatic Racial Injury," 23 ARIZ. ST. L.J. 777, 784 (1990);
Village of Arlington Heights v. Metropolitan Housing Development
Corp., 429 U.S. 252 (1977);
R.I.S.E. v. Kay, No. 91-2144 (4th Cir. Oct. 15, 1992)
(unpublished), and briefs of parties;
East-Bibb Twiggs Neighborhood Ass. v. Macon Bibb Planning & Zoning
Commission, 706 F. Supp. & 0(M.D. 1989), aff'd, 896 F. 2d 1264
(11th Cir. 1990);
Bean V. Southwestern Waste Management Corp., 482 F. Supp. 673
(S.D.Texas 1979);
Ammons V. Dade City, 783 F. 2d 982 (11th Cir. 1986)
(b) Sensitivity Analysis
A. Dan Tarlock, supra at 891;
El Pueblo Para El Aire Y Aqua Limpio v. County of Kings, No. 366045
(Cal. App. Dep't Super. Ct. Dec 30, 1991);
H.R. 5326, 102nd Cong., 2d Sess. (1992) ("Environmental Justice
Act");
(c) Community Empowerment
Luke, W. Cole, "Empowerment as the Key to Environmental
Protection: The Need for Environmental Poverty Law," 19 ECOLOGY L.
Q._____ (1993) (DRAFT);
(d) Legislated Distributive Justice
Mary R. English, RADIOACTIVE WASTE DISPOSAL FACILITIES (1992).
February 11: pgs. 430-489
B. Trade in Environmental Harms: The Domestic Issues
Recast in the Context of Sovereignty
1. The Native American and Native Hawaiian Experience
(a) Business Opportunity or Exploitation?
Pamela D' Angelo, "Waste Management Industry Turns to Indian
Reservations as States Close Landfills," 21 Envt't Rep. (BNA) 1607
(Dec. 28, 1990);
Jane Kay, "Indian Lands Targeted for Waste Disposal Sites," The
Examiner, APril 10, 1991;
Washington Dept. of Ecology v. U.S. EPA, 752 F. 2d 1465 (9th Cir.
1985);
Blue Legs v. U.S. EPA, 668 F. Supp. 1329 (D.S.D. 1987), aff'd, 867
F.2d 1094 (8th Cir.1989);
Kevin Gover and Jana Walker, "Escaping Environmental Paternalism:
One Tribe's Approach to Developing A Commercial Waste Disposal
Project in Indian Country," 63 U. COLO L. Rev. 933 (1992);
(b) The Politics of Land Use Control
Williamson B.C. Chang, "The 'Wasteland' in the Western Exploitation
of 'Race' and the Environment," 63 U.COLO.L.
REV. 860 (1992);
Judith Royster, "Environmental Protection and Native American
Rights: Controlling Land Use Through Environmental Regulation," 1
KAN. J. LAW & PUB. POL'Y 89 (1991);
Safe Drinking Water Act, 42 U.S.C. 300h-1
February 18: pgs. 490-583
2. Developing Countries
(a) Business Opportunity or Exploitation Redux
Center for Investigative Reporting, Global DUMPING GROUND (1990);
Alice Crowe, "Breaking the Circle of Poison: EPA's Enforcement of
Current FIFRA Export Requirements," 4 GEO. INT'L ENVT'L L. REV.
319 (1992);
(b) The Limits of Consent
D'Amata and Engel, "State Responsibility for the Exportation of
Nuclear Power Technology," 74 VA. L. Rev. 1011-1049 (1988);
Ibrahim J. Wani, "Poverty, Governance, the Rule of Law, and
International Environmentalism: A Critique of the Basel Convention
on Hazardous Waste," KAN J.L. & PUB. POL'Y 37 (1991);
Resource Conservation and Recovery Act, 3017, 42 U.S.C. 6938;
Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal (March 1989);
Note, "Regulating the International Hazardous Waste Trade: A
Proposed Global Solution," 28 COLUM. J. TRANS. L. 801 (1990);
"United Nations Officials See Basel Treaty as 'Limping' Into Effect
with Limited Support," 15 INTER'L ENV'T REP. (BNA) 275 (May 6,
1992);
February 25: pgs 584-651
3. International Human Rights Standards: Filling in the
Treaty Gaps?
Yanomani Case, Case 7615, Inter-Am. C.H.R. 24, 33,
OEA/ser.L./V.II.66, doc 10 rev.1 (1985) (to be added);
Vawter Parker, "Legal Defense Fund Mounts Major International
Effort to Link Human and Environmental Rights," In Brief (Spring
1991);
Dinah Shelton, "Human Rights, Environmental Rights, and the Right
to Environment," STAN. J. INT'L L. 103 (1991);
Michelle Schwartz, Natural Heritage Institute, 1991 Report on The
Relationship Between Human Rights and the Environment (Aug. 1992);
March 4: pgs. 652-711
4. Harm to Whom? The Problem of Moral and Legal
Relevance
Anthony D'Amato, Edith Brown Weiss, and Lothar Gundling, "Agora:
What Obligations Does Our Generation Owe to the Next? An Approach
to Global Environmental Responsibility," 84 AMER. J. INT"L L. 190
(1990);
Douglas Maclean, "Radioactive Wastes: A Problem of Morality
Between Generations," in Roger Kasperson, supra at 175;
Harold Green, "Legal Aspects of Intergenerational Equity Issues,"
in Roger Kasperson, supra at 189;
Christopher Stone, SHOULD TREES HAVE STANDING? (1974)
March 11: pgs. 712-810
PART TWO: CONSERVATION DEBT AND DEVELOPMENT
A. Conservation Models
1. Community Rights
Joseph Sax, "Do Communities Have Rights? The National Parks As A
Laboratory of New Ideas," 45 U. PITTS. L. Rev. 499 (1984);
Poletown Neighborhood Council v. City of Detroit, 304 N.W. 2d 455
(Mich. 1981);
William K. Stevens, "Huge New Reserve for Tibet Wildlife," New York
Times (Feb. 4, 1990);
Priya Alagiri, "Give Us Sovereignty or Give Us Debt: Debtor
Countries Perspective on Debt-for-Nature Swaps," 41 AM U.L. Rev.
485 (1992);
Martha Hamilton, "Forest's Fate Splits Environmentalists," WASH.
POST at G1 (May 15, 1991);
Robert F.Kennedy, Jr., "Amazon Crude," THE AMICUS JOURNAL 24
(Spring 1991);
James Ridgeway, "Jungle Fever: Robert Kennedy Jr., the Oil
Companies, the Voice and equador's Indians: What a Mess," The
Village Voice at 18 (July 9, 1991);
2. The "New" Thinking: "Sustainable Development"
WORLD COMMISSION ON ENVIRONMENT AND DEVELOPMENT, OUR COMMON FUTURE
(1987) the "Brundtland Report") (to be added);
Sharachchandra M. Lele, "Sustainable Development: A Critical
Review," 19 World Development 607 (1991);
Robert F. Housman, "The Muted Voice: The Role of Women in
Sustainable Development," 4 GEO. INT'L ENVT'L REV. 361 (1992).
March 18: pgs. 811-882
. Global Resources: The West's Debt to Developed Nations
Charles R. Beitz, "Justice and International Relations," in JOHN
RAWLS' THEORY OF SOCIAL JUSTICE 211 (1990);
1992 United Nations Framework Convention on Climate Change;
Daniel Bodansky, "The United Nations Framework Convention on
Climate Change: A Commentary," (Oct. 12, 1992 DRAFT);
"$5 Billion Sought for Poor Nation's- 12 Sign the Climate Treaty as
Political Clouds Gather," New York Times at A6 (June 5, 1992)
"U.S. Has a Starring Role at Rio Summit as Villain;" "India Dan
Plan: Environment Symbol," New York Times at A10 (June 2 1992);
"India Dam Plan: Environment Symbol," New York Times at A10 (June
2, 1992);
"Phase out of Ozone Depleters Acclerated," 18 EPA Journal 2
(March/April 1992);
Montreal Protocol on Substances that Deplete the Ozone Layer (as
amended 1992);
Jennifer M. Drogula, "Developed and Developing Countries: Sharing
the Burden of Protecting the Atmosphere," 4 GEO. INT'L ENVT'L L.
REV 257 (1992);
Cheng Zheng-Kang, "Equity Special Consideration and the Third
World," 1 COLO. J. INTL'L & POL'Y 57 (1990);
Daniel Barstow Magraw, "Legal Treatment of Developing Countries:
Differential Contexual, and Absolute Norms," 1 COLO. INT'L L. &
POL'L 69 (1990);
Ved P. Nanda, "Developed Countries' Assistance to the Developing
World for Environmental Protection," 1 KAN. J.L. & PUB. POL'Y 27
(1991);
March 25: pgs. 883-939
C. International Lending and Trade
Pat Aufderheide and Bruce Rich, "Environmental Reform and the
Multilateral Banks," 5 World POL'Y J. 301 (1988);
Robert F. Housman and Durwood J. Zaelke, "The Collision of the
Environment and Trade: The GATT Tuna/Dolphin Decision," 22 Envt'1
L. Rep. 10268 (1992);
Walter Russel Mead, "Bushism Found," Haper's Magazine at 37 (Sept.
1992);
Carla Hills and William Bryant, Letters to the Editor, Harper's
Magazine at 4 (Dec. 1992);
Walter Russel Mead, Letter to the Editor, Harper's Magazine at 7
(Dec. 1992).
April 1: Oral Presentations
April 15: Oral Presentations
April 22: Oral Presentations
All materials copyright editor(s).
Principles and Practices
Professors Shutkin and Lord
Wed. 4:00-6:30 B321
Office Hours: Tues. and Wed. 1:00-2:00 B216
We want this seminar to be as enriching and inclusive as
possible, and thus strongly urge you to be prepared for each
session. Participation by each seminar member benefits the whole.
The readings vary in terms of their rigor and length, but are
manageable. Course work will consist of the readings, class
participation, and a substantial paper (25-30pp.). Students should
identify a topic or issue of interest as soon as possible, but no
later than the seventh week of class (Mar.2). Please schedule a
time to speak with us about your paper. Students will present
their papers during the last three classes (25 min./presentation)
and hand in a final draft on later than May 11, 1994. Grades will
be based on class presentation (15%) and the final paper, including
the oral presentation (85%).
Jan. 12-19 A Brief History of Environmental Movement
A look at the development of environmentalism in
American History, from the early 19th to the late 20th Century.
Our principal focus will be on the cultural and political concerns
and character of the movement.
Readings
Gottlieb, Forcing the Spring (1993) 3-203
Nash, Wilderness And The American Mind (1982) 67-200
____, The Rights of Nature (1989) 33-35
Smith, Virgin Land (1978) 44-51, 250-263
Suggested
McPhee, Encounters With The Archdruid (1970)
Shabecoff, Fierce Green Fired (1992)
Worser, American Environmentalism (1982)
Jan. 26- The Emergence of Environmental Justice
An examination of the origins of the Environmental Justice
Movement. We will briefly discuss the early legislative successes
of environmentalism e.g. Wilderness Preservation Act, NEPA, Clean
Air Act, Superfund, and explore their efficacy with respect to low-income communities and communities of color.
Readings
Boyle, It's Not Easy Being' Green: They Psychology of
Racism, Environmental Discrimination, and the Argument for
Modernizing Equal Protection Analysis, 46 V and L. Rev. (1993) 25-36
Mohai and Bryant, Environmental Racism: Reviewing the
Evidence in RACE AND THE INCIDENCE 163-177
Peter, Abrahs, and Goldfarb, ENVIRONMENTAL LAW AND
POLICY: NATURE, LAW AND SOCIETY 244-58
Snow and Jordan, Diversification, Minorities in the
Mainstream Environmental Movement, Voices From the Environmental
Movement: Perspectives For a New Era 71-110
Bailey, et al. Environmental Politics in Alabama's Black
Belt in Confronting Environmental Racism 107-123
Lavelle and Coyle, Unequal Protection: The Racial Divide
in Environmental Law in Toxic Struggles 136-144
Lee, Toxic Wastes and Race in the United States in Race
and the Incidence of Environmental Hazards (1987) 10-28
West, Invitation to Poison? Detroit Minorities and Toxic
Fish Consumption in Race and the Incidence 96-113
Feb. 9-16 The Discourse, Forms, and Substance of Environmental Justice
An analysis of the political and philosophical contours
of environmental justice. We will also discuss the specific forms
that environmental injustice takes, the contexts in which it occurs,
and some of the groups involved in combating it.
Readings
Beitz, A Theory of Political Fairness in Political Equality:
An Essay in Democratic Theory 97-119 (1989)
Berube, Discipline and Theory in Wild Orchids ad Trotsky
(1992) 171-93
Dworkin, Law's Empire 176-224, 400-13 (1986)
Frank, Canons, Communities and "Political Correctness," in
Wild Orchids and Trotsky 125-151
Rorty, The Banality of Pragmatism and the Poetry of Justice,
59 So. CAL.L. REV. 1811 (1990)
Singer, Property and Coercion in Federal Indian Law: The
Conflict Between Critical and Complacent Pragmatism, 59 So.l CAL.
L.REV. 1821 (1990)
Been, What's Fairness Got to Do With It? Environmental
Justice and the Siting of Locally Undesirable Land Uses, 78 Cornell
L. Rev. 1001 (1993)
Lazarus, Pursing "Environmental Justice': The Distributional
Effects of Environmental Protection, 87 Nw. U.L. REV. 787 (1993)
Lord and Shutkin, Environmental Justice and the Use of
History, 22 BC. Envt's Aff. L. Rev.___(forthcoming 1994)
Chavez, Farmworkers at Risk in TOXIC STRUGGLES 163-71
Collin and Harris, Race and Waste in Two Virginia Communities in
CONFRONTING ENVIRONMENTAL RACISM 93-106
Davis, Protection from Pesticide Poisoning in BRIDGING THE
DISCIPLES, LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1-17 (1993)
Epstein, Ecofeminism and Gras-roots Environmentalism in the
United States in TOXIC STRUGGLES 144-153
Mpanya, The Dumping of Toxic Waste in African Countries: A
Case of Poverty and Racism in RACE AND THE INCIDENCE 204-215
Perfecto, Pesticide Exposure of Farmworkers in RACE AND THE
INCIDENCE 177-84
Phoenix, Getting the Lead Out of the Community in CONFRONTING
ENVIRONMENTAL RACISM 77-93
Seager, Creating a Culture of Destruction: Gender, Militarism,
and the Environment in TOXIC STRUGGLES 58-67
White, Hazardous Waste Incineration and Minority Communities
in RACE AND THE INCIDENCE 127-139
Mar.2-9 Environmental Justice and Adjudication
In these sessions we will explore recent attempts at
litigation as a response to environmental harms in low-income
communities and communities of color. Some time will be spent
reviewing civil rights litigation and its application to claims of
environmental injustice. We will also discuss other possible
approaches such as the use of citizen suits ad state administrative
statutes. (read cases first)
Readings
Godsil, Remedying Environmental Racism, 90 MICH. L. REV. 394
(1991)
Reich, Greening the Ghetto; A Theory of Environmental Race
Discrimination, 41 KAN. L. REV. 272 (1992)
Tsao, Ameliorating Environmental Racism: A Citizens' Guide to
Combating the Discriminatory Siting of Toxic Waste Dumps, 67
N.Y.U.L. REV 366 (1992)
Cases
Wards Cove Packing Co. v. Antonio, 490 U.S. 642 (1989)
Village Of Arlington Heights v. Metro Housing Development Co.,
429 U.S. 252 (1977)
Bean v. Southwest Waste Mgmt. Corp., 482 F. Sup. 673 (S.D.
Tex. 1979)
NAACP v. Gorsuch, No. 82-768-5 (E.D.N.C. Aug, 1982)
East Bibb Twiggs Neighborhood Ass'n v. Macon-Bibb Planning and
Zoning Comm'n, 706 F. Supp. 880 (MD Ga. 1989)
RISE, Inc. v. Kay, 768 F. Supp. 1149 (E.D. Va. 1991)
West Dallas Coalition for Environmental Justice v. United
States, CA-3-91-2615 (N.D. Tex.)
Mar. 16 Legislative Issues
We will assess various legislative proposals meant to address
the problem of environmental injustice. We will also discuss the
political and practical limits of a legislative agenda.
Recommendations to the Presidential Transition Team for the
U.S. Environmental Protection Agency of Environmental Justice
Issues, in BRIDING THE DISCIPLINES
s. 553, 103D Congress, First Session, To Amend RCRA to Require
Preparation of Community Impact Statements (1993)
H.R. 1925, 103d Congress, First Session, TO Require ATSDR to
Collect Information on Race, Age, Gender, Ethnic, Origin, Income
and Education Level (1993)
Testimony of Deeohn Ferris, Program Director,
Environmental Justice Project, Lawyerss' Committee for Civil
Rights Under Law Before the Subcommittee on Civil and
Constitutional Rights, Committee on Judiciary, U.S. House of
Representatives, March 3, 1993 in BRIDGING THE DISCIPLINES
Environmental Justice Act of 1993 in BRIDGING THE DISCIPLINES
The Abandoned Land Reuse Act of 1993 in BRIDGING THE
DISCIPLINES
New Title IV of TSCA: The Lead Prevention Act of 1992
Draft Executive Order on Environmental Justice, July 27, 1993,
BNA Regulation, Economics and Law M-1 to M-4, August 10, 1993
Mar. 23 Community-Based Lawyering and Environmental Justice
We will focus on this week on an alternative
strategy for lawyers in environmental justice. We will assess the
strengths and weaknesses of the traditional community-based legal
practice and the potential uses of such a practice here. We will
also discuss some challenges peculiar to group representation.
Readings
Cole, The Need for Environmental Poverty Law, 19 Ecology L.Q.
619 (1992)
Fox, Some Rules for Community Lawyers, 14 Clearinghouse REV.
1 (1980)
Dooley & Houseman, Legal Services in the 80s and Challenges
Facing the Poor, 15 CLEARINGHOUSE REV. 704 (1982)
S. Ellman, Lawyers & Clients, 34 UCLA L. Rev. 717 (1987)
_________, Lawyering for Justice in a Flawed Democracy, 90
Colum. L. Rev. 116 (1990)
Mar.30 The Community and Its Lawyers
We will hear from local community organizations on their
relationships with lawyers and their use of the court system. They
will offer their opinions and suggestions on the role of lawyers in
promoting environmental justice.
April 6 The Government and the Community
We will hear from state and federal environmental
officials on their agency's role in responding to the needs of
traditionally underrepresented communities.
April 13-27 Student Paper Presentation
Presentation and discussion of students papers
addressing discrete issues in environmental justice practice ad
theory.
BIBLIOGRAPHY
WIN-121
NR-306
Environmental Justice 306
West 764-2447
1. (1992). A Call to Action, Race, Poverty, and the Environment,
30-31, 28-29, Earth Institute Urban Habitat Program.
2. (1991, March 30). America's Wasted Blacks. Economists, The,
Pp. 11-12
3. Carl Anthony (1991). Energy Policy and Inner City Abandonment.
Race, Poverty, and the Environment, 2:2,3, Earth Island Institute
Urban Habitat Program.
4. (1991). Beyond Ankle-Biting: Fighting Environmental
Discrimination Locally, Nationally. Workbook, The, 100-119,
Southwest Research and Information Center.
5. Bill Bradley (1991). Stop Playing the Race Card. New
Perspectives Quarterly, 8:4, 78, Center for the Study of
Democratic Inst..
6. Dennis Pfaff (1989). Pollution and the Poor. Detroit News, A1,
Detroit: Detroit News.
7. Robert Bullard (1987). Environmental Quality and Houston's
Neighborhoods Invisible Houston: The Black Experience in Boom and
Bust, College Station: Texas A&M University Press.
8. Betsy, Carpenter (1991). A Nuclear Graveyard. U.S. News and
World Report, 72-74.
9. Flora Chu (1992). Dangers in the Workplace. Race, Poverty, and
the Environment, 3:1, 10-12, Earth Island Institute Urban Habitat
Program.
10. Edward Cody (1992). Expanding Waste Line Along Mexico's
border. Washington Post, The, A1 a34, Washington: Washington Post
Company.
11. Janet Cohen (1988). Facing the Waste Crunch. Ann Arbor News,
The, F1-F2, Ann Arbor; Ann Arbor News.
12. Commission for Racial Justice (1987). Toxic Waste and Race in
the United States, (p. ix-8). New York: United Church of Christ
Commission for Racial Justice.
13. Kirstin Downey (1982). Suburbs Support Cheaper Housing, But
in Someone Else's Back Yard. Washington Post, The A1, Washington:
Washington Post Company.
14. Lisa Duran (1992). Grassroots Groups Unite, Race, Poverty,
and the Environment, Earth Island Institute Urban Habitat Program.
15. (1990). Environment Action, (Washington D.C.), (pp. 22-25).
Environmental Action .
16. (1991). Farmworkers Tackle Pesticides, Launch 'One Less Apple
a Day' Campaign". Race, Poverty, and the Environment, 19-20, Earth
Island Institute Urban Habitat Program.
17. Akhtar, Mahmud Faruqui Noise Pollution, Impact of Science on
Society, 138-139, 187-195, Paris-United Nations Educational,
Scientific and Cultural Org.
18. Ben A. Franklin (1986). In the Shadow of the Valley. Sierra,
39-50.
19. Ellen Goodwin (1992). Women Power at the Summit. Race,
Poverty, and the Environment, 4, 23, Earth Island Institute Urban
Habitat Program.
20. (1991). Grape-Free Zones. Race, Poverty, and the
Environment, Earth Island Institute Urban Habitat Program.
21. Cynthia Hamilton (1990). Women, Home and Community. Race,
Poverty, and the Environment, 1:1, Earth Island Institute Urban
Habitat Program.
22.Don Hancock (1992). For Sale. Workbook, The 98-105, Southwest
Research and Information Center.
23. Samuel, P. Hayes (1987). Beauty, Health, and Permanence:
Environmental Politics in the United States, 19,265-273, New York:
Cambridge University Press.
24. Jame Kay (1991). Women in the Movement. Race, Poverty and
the Environment, 1, 18, Earth Island Institute Urban Habitat
Program.
25. Kazis and Grossman (1983). The Environment Movement and Jobs.
Social Policy, 35-38.
26. Peter Kivisto (1986). A Historical Review of changes in
Public Housing Policies. Race, Ethnicity, and Minority Housing in
the U.s. 1-18, Westport: Greenwood Publishing Group, Inc.
27. William J. Kruvant (1975). People, Energy, and Pollution.
American energy Consumer, the 125-167, New York: Ballinger
Publishing Company.
28. David Lamb (1991, September 25). Toxic Waste Brings an Eng to
Voter Apathy. Los Angeles Times, p.A5.
29. Leo Cuellar Says: Work Smart..Work Safety..with Farm
Chemicals, Washington: National Agricultural Chemicals
Association.
30. Patrick McDonnell (1988). For Tijuana's Trash-pickers dump
is an economy unto itself. Unknown, Not the Ann Arbor News,
Unknown.
31. Peggy McIntosh (1989). White Privilege: Unpacking the
Invisible Knapsack, Peace and Freedom, (pp. 10-12). Wellesley:
Peggy McIntosh.
32. Russell Mokhiber (1988). Corporate Crime and Violence, 86-95,
181-195, San Francisco: Sierra Magazine.
33. Robert D. Bullard (1992), Farm Workers and Pesticides.
Confronting Environmental Racism, Boston: South End Press.
34. Peter Passell (1991, February 26). The Garbage Problem: It
May be Politics, Not Nature. New York Times, pp. C1,C6.
35. Gaventa, Smith and Willingham (1990). Economic Slavery or
Hazardous Wastes. Communities in Economic Crisis: Appalachia and
the South, 146-157, Philadelphia: Temple University Press.
36. Matthew Rees (1992). Black and Green.. New Republic, The 15-16, Washington: New Republic, The.
37. Paula Rothenberg (1988). Defining Racism and Sexism. Racism
and Sexism, 5-8 New York: St. Martin's Press.
38. (1992). Rules Aim to Shield Workers from Pesticides.
Associated Press, New York: Associated University Presses.
39. Michael Satchell (1992). A whiff of Discrimination. U.S. News
and Worl Report, 32-35.
40. Donald G. Schueler Souther Exposure. Sierra, 42-49.
41. Earl Shorris (1992, October 28). Latino, Si. Hispanic,
no..New York Times,
42. Mariflo Stephens (1991). When Issues Hit Home. Washington
Post, The D5, Washington: Washington Post Company.
43. Lynda Taylor (1992). The Fast Track Trade Agreement.
Workbook, The, 17:2, 50-69, Southwest Research and Information
Center.
44. Hawley Traux (1992). Coming to Terms with Trade,
Environmental Action, (pp. 31-34). Environmental Action.
45. Untied Nations Environment Program (1991). A Global
Perspective, a Local Meeting. Race, Poverty, and the Environment,
17 Earth Island Institute Urban Habitat Program.
47. Michael Brown (1989). A Toxic Ghost Town. Atlantic The, 23-24, 26, 28, Boston: Atlantic Monthly Company.
48. Davies (1975). Politics of Pollution, 26-57, Pegasus.
49. Richard Evans (1990). Women in Asia and Sub-Saharan Africa.
Geographical Magazine, 32-35, Trubner & Co..
50. George Friedman-Jimenez (1989). Occupational Disease Among
Minority Workers. AAOHN Journal, 37:2, 64-70, Thorofare: Slack,
INc.
51. Linc Cohen (1992). Waste Dumps Toxic Traps for Minorities.
Chicago Reporter, The, 1,6-9,11, Community Renewal Society.
52. (1990, June 24). State Works Against Migrants. Grand Rapids
Press.
53. Valerie Taliman (1992). The Toxic Waste of Indian Lives.
Covert Action, Spring, 16-22, Covert Action Publications.
54. Schapiro and Weir (1981). Circle of Poison, The, 3-17,
Oakland: Institute for Food and Development Policy.
55. Gregory Mantsios (1988). Class in America, 56-69, Unknown.
56. Paula Rothernberg (1977). Native American Experience: Red
Children in White America, 15-37, Philadelphia: University of
Pennsylvania Press.
57. Lorna Dee Cervantes (1981). Poem for the young white man who
asked me how I am....Emplanada, 133-134, Pittsburgh: University of
Pittsburgh Press.
58. Hess, Mateson, and Stein (1985). Overview: Race and
Ethnicity, Sociology, 88-98, New York: John Wiley & Sons Inc.
59. Kay Jones (1991, April 8). Farm Workers Call it Toxic Racism.
San Francisco Examiner, pp. A1, A8.
60. Rachel D. Godsil (1991). Remedying Environmental Racism.
Michigan Law Review, 90:2, 394-427, Ann Arbor: Michigan Law Review
Association.
61. Charles Griffith (1992). Will Washtenaw County Become the
Midwest's Hazardous Waste Capital?. Ecology Reports, 4-5 Ann
Arbor: Ecology Center of Ann Arbor.
62. (1993). Environmental Justice Organizations. Race, Poverty
and the Environment, Winter/Spring, 14-15.
63. Dick Russell (1989). Environmental Racism. The Amicus
Journal, 11(2), 22-32.
64. Marianne Lavelle and Marcia Coyle (1992). Unequal Protection.
National Law Journal, The, S2-S4.
65. Charles Lee (1987). Toxic Waste and Race in the United
States. Toxic Waste And Race in the United States, (pp. 10-27).
New York: United Church of Christ Commission for Racial Justice.
66. Luke, Cole (1991). Remedies for Environmental Racism.
Michigan Law Review/Luke Cole, 90, 1991-1997, San Francisco: Luke
Cole.
67. Robert D. Bullard (1993). Waste and Racism: A Stacked Deck?
Forum for Applied Research and Public Policy, 29-34.
68. John Anner (1991). Protecting Mother Earth. Minority
Trendsetter, The, 4(4), 4-8, 23-28.
69. William Paul Robinson Uranium Production and Its Effects on
Navajo....Effects of Uranium Production on Navajo Communities, (pp.
153-162). Unknown.
70. Charles Gifffith (1992). Will Washtenaw County Become the
Midwest's.... Ecology Reports, 24(5), 1-1.
71. Michael Brown (1989). A Toxic Ghost Town. Atlantic, The,
July, 23-24, 26-26, 28-28.
72. Jane Kay (1991, April 8). Farm workers call it 'toxic
racism'. San Francisco Examiner, pp. A1-A1, A8-A8.
73. Charles Lee (1993). Developing Working Definitions of Urban
Environmental Justice. Race, Poverty, and the Environment,
Winter/Spring, 3-5, 23-23.
74. Stephen Viederman (1993). The Need for a New Economics.
Race, Poverty and the, Winter/Spring, 6-6, 23-23.
All materials copyright editor(s).