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Environmental Justice Is Worth Fighting For

Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission.

The reactions to our article, Inequality, Social Resilience, and the Green Economy, have a clear message: We, environmentalists, have our work cut out for us.

We wrote our article to start an overdue conversation about environmental policy and social and economic well-being, and we thank our commentators for joining us in starting this conservation. In response, we would note that, although protecting the environment and achieving justice has never been easy, the United States has made progress over time. We are persuaded, despite the caveats our commentators have identified, that the country can do so again.

Michael P. Vandenbergh warns of the political danger of tying the environmental agenda to social well-being in our current political state, and we agree with this warning for all of the reasons that he gives.

To start rolling the boulder up the hill, we suggest that environmental and social advocates find ways to work together, thus bolstering political support for needed policies. We contend that this collaboration should be possible because both types of advocates support a common purpose: giving Americans a fair chance in the race of life by considering the fate of people losing jobs, whatever the cause.

Once political momentum develops, our commentators warn there will be many a slip between cup and lip, to use a well-worn phrase.

Daniel A. Farber notes that policy design is still in the basement stage because we lack a very good understanding of the extent of job loss and of the resulting types of harms. Vandenbergh points out climate change will require policymakers to address not only intragenerational justice, but also intergenerational justice—a rather daunting task.

Nives Dolšak and Aseem Prakash catalog the multiple facets of climate justice that need to be addressed, including: the disproportionate impact of climate bads, the unequal extent to which some citizens benefit from environmental goods, and the issue of who will bear the cost of environmental protection. Achieving environmental justice, they note, will require not only recognizing all of these facets, but also designing programs—including compensation programs—that address them.

But, as Alice Kaswan indicates, there is some reason for optimism.

California policymakers have enacted policies that pursue environmental protection and economic justice, which can serve as models for the rest of the country. And Dolšak and Prakash point to other initiatives—in Appalachia and elsewhere—underway in places that do not share California’s pro-environmental politics.

To sum up, we resort to one last cliché: “Nothing worth doing comes easily.” But, for us, the bottom line is this: Environmental justice, social resilience, and embedded environmentalism—to borrow three terms used in this series of commentaries on our article—are all worth doing.

Now for the hard work.

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Robert Verchick, Sidney A. Shapiro | October 2, 2018

Environmental Justice Is Worth Fighting For

Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. The reactions to our article, Inequality, Social Resilience, and the Green Economy, have a clear message: We, environmentalists, have our work cut out for us. We wrote our article to start an overdue conversation about environmental policy and […]

James Goodwin | October 1, 2018

Executive Order 12866 Is Basically Dead, and the Trump Administration Basically Killed It

Sunday marked the 25th anniversary of the issuance of Executive Order 12866, but it was hardly a happy occasion. For all intents and purposes, though, the order, which governs the process by which federal agencies develop regulations under the supervision of the White House Office of Information and Regulatory Affairs (OIRA), is dead. Despite all […]

John Echeverria | September 28, 2018

Knick v. Township of Scott: Takings Advocates’ Nonsensical Forum Shopping Agenda

On Wednesday, October 3, the U.S. Supreme Court will hear oral argument in Knick v. Township of Scott. The case poses the question of whether property owners suing state or local governments under the Takings Clause are required to pursue their claims in state court (or through other state compensation procedures) rather than in federal […]

Lisa Heinzerling | September 28, 2018

Argument Preview: Justices to Consider Critical-Habitat Designation for Endangered Frog

This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). Editor's note: You can read Professor Heinzerling's follow-up post, which analyzes the oral arguments in this case, on SCOTUSblog. A tiny amphibian takes center stage in the first case of October 2018 term. The dusky gopher […]

Daniel Farber | September 27, 2018

The Case for Co-Benefits

Cross-posted from LegalPlanet. The Trump administration is moving toward the view, long popular in industry, that when it regulates a pollutant, EPA can consider only the health impacts of that particular pollutant – even when the regulation will also reduce other harmful pollutants. This idea is especially important in climate change regulation because cutting carbon emissions […]

James Goodwin | September 26, 2018

New Report: A Fair Economy Requires Access to the Courts

The confirmation hearing for Brett Kavanaugh offered Americans a contemporary reminder of what the Framers of the Constitution had in mind when it comes to protecting many of our fundamental rights and liberties. When it came to individual access to civil courts, a right guaranteed in the Seventh Amendment, they couldn't have been clearer. No […]

Alice Kaswan | September 26, 2018

Expanding Environmental Justice to Achieve a Just Transition

Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. A recent study tells us that Hurricane Maria, which struck Puerto Rico in September 2017, may have caused as many as 4,600 deaths, far exceeding the initial official death toll of 64. In contrast, contemporaneous hurricanes in Texas […]

Karen Sokol | September 26, 2018

From Surviving to Thriving: Seeking Climate Justice in the Common Law

This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. The 450 Inupiat residents of Kivalina, a small village on the frozen tundra of Alaska at the edge of the Arctic Ocean, are among the first communities in the world to lose their ability to survive because of climate change. With temperature increases that double the global average, Alaska is one of the canaries in the coal mine of climate change. As a result, the Arctic’s ice has diminished by half over the last three decades, triggering a series of reactions that are transforming the environment. The people of Kivalina risk plunging into frigid waters whenever they use their snowmobiles — the only viable motorized means of transportation in the region. That, along with the fact that their principal source of food is wildlife whose habitats are being destroyed by rising sea levels, means that the Inupiat of Kivalina are losing their ability to feed themselves.

Katie Tracy | September 25, 2018

Mesothelioma Awareness Day 2018

September 26 is Mesothelioma Awareness Day. The day is intended to share information about mesothelioma, an incurable cancer that forms on the linings of vital organs, typically the lungs, following asbestos exposure. While the prognosis for individuals diagnosed with the illness is grim, preventing it is very much possible.