Environmental Justice and Environmental Sustainability: Beyond Environment and Beyond Law

by Sarah Krakoff | November 14, 2018

This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog.

Since the dawn of the environmental justice movement, we have heard the stories of individuals and communities left unprotected by our environmental laws and policies. Their stories reveal the deep-seated structures of racism and inequality that determine what resources and which people environmental law will protect. Despite risks to the cultural and natural resources of the Standing Rock Sioux Tribe, the federal government allowed the construction of the Dakota Access pipeline. When officials in Flint, Michigan, a majority-minority city where 40 percent of the people live in poverty, purported to cut costs by switching the city's water supply, they cut corners and failed to treat the water to prevent corrosion. Their decisions exposed the city's residents to dangerous levels of lead in their drinking water. Recent hurricanes have again devastated the most vulnerable communities, and yet the president dismisses the 2,975 deaths from Hurricane Maria in Puerto Rico as fake news created by Democrats to make him "look as bad as possible."

But thousands of people did die. Thousands of people were exposed to lead in drinking water. And the promises made to the Standing Rock Sioux Tribe, long ago enshrined in treaties, were once again broken. How can ...

The Environmental Injustice of Declining Budgets for Water Infrastructure

by Evan Isaacson | February 15, 2018
This year more than most, it bears repeating that a budget is a moral document, or at least that it has moral implications. It's particularly important to remember not just because President Trump's budget is so appallingly skewed in favor of military spending – this looks to be one pricey parade – but also because of the administration's puzzling infrastructure proposal.  It is no surprise that the Trump administration would craft an infrastructure plan heavily tilted toward the shiny objects ...

Justice and Contemporary Climate Relocation: An Addendum to Words of Caution on 'Climate Refugees'

by Maxine A Burkett | August 10, 2016
This excerpt is drawn from a post originally published on Aug. 8, 2016, by the Wilson Center's New Security Beat. The idea that climate change is causing migration and displacement is entering the mainstream, but experts have warned against using the term "climate refugees" to describe what we're seeing in small islands, coastal regions, and even conflict zones like Syria. Geoff Dabelko's 2007 post on climate change and migration was an early and important clarification of this emerging phenomenon. He ...

Unnatural Disasters and Environmental Injustice

by Christine Klein | April 07, 2016
Originally published on OUPblog by CPR Member Scholars Christine A. Klein and Sandra B. Zellmer. The recent tragedy involving toxic, lead-laced tap water in Flint, Michigan highlights the growing gulf between rich and poor, and majority and minority communities. In an ill-fated measure to save costs for the struggling city of Flint, officials stopped using Detroit's water supply system and switched to the Flint River. Although residents complained about the water's foul taste, odor, and color, officials assured them that the water ...

EPA's New Guidance on Considering Environmental Justice in Rulemaking a Welcome First Step

by Catherine O'Neill | July 27, 2010
The EPA released a guidance document on Monday that promises to integrate environmental justice considerations into the fabric of its rulemaking efforts. Titled the Interim Guidance on Considering Environmental Justice During the Development of an Action, EPA’s Guidance sets forth concrete steps meant to flag those instances in which its rules or similar actions raise environmental justice concerns. Specifically, the Guidance directs agency staff involved in rulemaking to “meaningfully engage with and consider the impacts on” communities of color, low-income communities, indigenous ...

9th Circuit's Strong Words for EPA's Office of Civil Rights

by Ben Somberg | September 21, 2009
As first reported by Law 360 on Thursday: In a decision reversing a ruling in favor of the U.S. Environmental Protection Agency, a federal appeals court has chastised the agency's Office of Civil Rights for what the court said was its apparent failure to consider alleged civil rights violations in a timely manner. “What the district court initially classified as an 'isolated instance of untimeliness' has since bloomed into a consistent pattern of delay by the EPA,” wrote Judge A. ...

Two Years and Counting: A Historical Perspective

Farber | Dec 06, 2018 | Environmental Policy

Two Years and Counting: Trump at Mid-Term

Farber | Dec 03, 2018 | Environmental Policy

Opinion Analysis: Frogs and Humans Live to Fight Another Day

Heinzerling | Nov 30, 2018 | Environmental Policy

Federalism 'Collisions' in Energy Policy

Klass | Nov 20, 2018 | Energy

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