Evaluating Environmental Justice: How Federal Courts Overlook the Effects of Environmental Policy on Communities of Color
DOI:
https://doi.org/10.47611/jsrhs.v13i1.6322Keywords:
Discrimination, Disparate Impact, Environmental Justice, Environmental Racism, Environmental Law, United States Supreme Court, Environmental PolicyAbstract
Environmental issues are at the forefront of ensuring the security of our planet. The protection of environmental rights and the establishment of beneficial policies have encountered numerous obstacles within federal courts in recent years. While federal courts have attempted to address these hurdles in past decades, environmental justice is a subject they have failed to confront thoroughly. This paper explores rulings on environmental justice within our federal court system, highlighting how federal courts have neglected individual rights and failed to uphold the constitutional principle of equality. Our research delves into the extent to which federal courts overlook racial disparities when considering the effects of environmental policies on communities of color. Judicial rulings in cases such as Alexander v. Sandoval (2001), West Virginia v. EPA (2022), and Arizona v. Navajo Nation (2023) exclude mention of blatant racial discrimination. These rulings’ lack of consideration for the harm done to these communities has increased environmental racism. This oversight highlights that while the disparities between the effects of environmental policies on people of color and their white counterparts are prevalent, the difficult process of proving discriminatory intent has interfered with the federal court system’s ability to combat environmental racism.
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"Alexander v. Sandoval." Oyez. Accessed July 11, 2023. https://www.oyez.org/cases/2000/99-1908.
"Arizona v. Navajo Nation." Oyez. Accessed July 11, 2023. https://www.oyez.org/cases/2022/21-1484.
Boer, J. Tom, Manuel Pastor, James L. Sadd, and Lori D. Snyder. "Is There Environmental Racism? The Demographics of Hazardous Waste in Los Angeles County." Social Science Quarterly 78, no. 4 (1997): 793-810. http://www.jstor.org/stable/42863732.
Bullard, Robert D., Paul Mohai, Robin Saha, and Beverly Wright. Toxic Wastes and Race at Twenty 1987—2007. 2007. Digital file.
Chung, Andrew, and Nate Raymond. "Weighty U.S. Supreme Court Term Dawns with Environmental and Race Cases." Reuters. Last modified October 3, 2022. Accessed July 20, 2023. https://www.reuters.com/legal/weighty-us-supreme-court-term-dawns-with-environmental-race-cases-2022-10-02/.
Clark, Lara P., Dylan B. Millet, and Julian D. Marshall. "National Patterns in Environmental Injustice and Inequality: Outdoor NO2 Air Pollution in the United States." PLoS ONE 9, no. 4 (April 15, 2014): e94431. https://doi.org/10.1371/journal.pone.0094431.
Costley, Drew. "Environmental Justice Advocates Slam Supreme Court Ruling." Apnews. Last modified July 1, 2022. Accessed July 20, 2023. https://apnews.com/article/climate-us-supreme-court-science-air-pollution-13232b92f6c4a3d66bf80bd55ff29864.
CourtsMatter. "Why Do Federal Courts Matter?" CourtsMatter. Accessed July 26, 2023. https://courtsmatter.org/why-do-federal-courts-matter/#:~:text=Federal%20judges%20have%20the%20power,%2C%20civil%20rights%2C%20and%20more.
Deloitte Consulting LLP. Evaluation of the EPA Office of Civil Rights. N.p., 2011.
Donaghy, Timothy Q., Noel Healy, Charles Y. Jiang, and Colette Pichon Battle. "Fossil Fuel Racism in the United States: How Phasing out Coal, Oil, and Gas Can Protect Communities." Energy Research & Social Science 100 (June 2023): 103104. https://doi.org/10.1016/j.erss.2023.103104.
Duncan, Pamela. "Environmental Racism: Recognition, Litigation, and Alleviation." Tulane Environmental Law Journal 6, no. 2 (1993): 317-68. http://www.jstor.org/stable/43291145.
Fisher, Michael. "Environmental Racism Claims Brought under Title VI of the Civil Rights Act." Environmental Law 25, no. 2 (1995): 285-334. http://www.jstor.org/stable/43266421.
Godsil, Rachel D. "Remedying Environmental Racism." Michigan Law Review 90, no. 2 (1991): 394-427. https://doi.org/10.2307/1289559.
Henderson, Douglas A., Cynthia A.M. Stroman, and Joseph A. Eisert. "Environmental Justice Litigation: Few Wins, Still Effective." Natural Resources and Environment 36, no. 2 (2021): 17-21. https://www.proquest.com/scholarly-journals/environmental-justice-litigation-few-wins-still/docview/2600354317/se-2?accountid=14522.
Johnson, Stephen M. "THE ROBERTS COURT AND THE ENVIRONMENT." Boston College Environmental Affairs Law Review 37, no. 2 (2010): 317-63. https://www.proquest.com/scholarly-journals/roberts-court-environment/docview/862078765/se-2?accountid=14522.
Kilpatrick Townsend & Stockton LLP. "A Sleeping Giant Awakens (Maybe?) – 'Environmental' Enforcement of Title VI of the Civil Rights Act of 1964 in the Era of the Biden Administration." Casetext. Last modified December 13, 2021. Accessed July 20, 2023. https://casetext.com/analysis/a-sleeping-giant-awakens-maybe-environmental-enforcement-of-title-vi-of-the-civil-rights-act-of-1964-in-the-era-of-the-biden-administration?sort=relevance&resultsNav=false&q=.
Lavelle, Marianne & Marcia Coyle. 1992. "The Federal Government, In Its Cleanup Of Hazardous Sites And Its Pursuit Of Polluters, Favors White Communities Over Minority Communities Under Environmental Laws Meant To Provide Equal Protection For All Citizens." National Law Journal.
Legal Information Institute. "Rational Basis Test." Cornell Law School. Accessed July 26, 2023. https://www.law.cornell.edu/wex/rational_basis_test#:~:text=The%20intermediate%20scrutiny%20test%20and,to%20as%20%22rational%20review.%22.
Lombardi, Kristen, Talia Buford, and Ronnie Greene. "Environmental Racism Persists, and the EPA Is One Reason Why." Publicintegrity. Last modified August 3, 2015. Accessed July 20, 2023. https://publicintegrity.org/environment/environmental-racism-persists-and-the-epa-is-one-reason-why/.
Mindock, Clark. "Environmental Cases to Watch in 2023." Reuters. Last modified January 3, 2023. Accessed July 20, 2023. https://www.reuters.com/legal/government/environmental-cases-watch-2023-2023-01-03/.
Morris, Hayley. "Top 10 Environmental Law Decisions of 2021: UC Davis School of Law Professor Highlights the 9th Circuit's Cases of the Year." UCDavis. Last modified January 19, 2022. Accessed July 20, 2023. https://www.ucdavis.edu/news/top-10-environmental-law-decisions-2021.
Natural Resources Defense Council, Inc. "What Is the Clean Power Plan?" NRDC. Last modified September 29, 2017. Accessed July 20, 2023. https://www.nrdc.org/stories/what-clean-power-plan.
Office of the Assistant Secretary for Administration & Management. "Title VI, Civil Rights Act of 1964." U.S. Department of Labor. Accessed July 26, 2023. https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights-act-of-1964#:~:text=No%20person%20in%20the%20United,activity%20receiving%20Federal%20financial%20assistance.
OLEM/Office of Communications, Partnerships, and Analysis. Population Surrounding 1,857 Superfund Remedial Sites. September 2020. Accessed July 26, 2023. https://www.epa.gov/sites/default/files/2015-09/documents/webpopulationrsuperfundsites9.28.15.pdf.
Palmer, Brian. "The History of Environmental Justice in Five Minutes." NRDC. Last modified May 18, 2016. Accessed July 12, 2023. https://www.nrdc.org/stories/history-environmental-justice-five-minutes#:~:text=In%201967%2C%20African%2DAmerican%20students,treatment%20plant%20in%20their%20community.
Parker, Halle, and Gordon Russell. "Louisiana Chemical Corridor Is the Country's Largest Hot Spot for Toxic Air, Cancer Risk." Nola. Last modified November 5, 2021. Accessed July 26, 2023. https://www.nola.com/news/environment/louisiana-chemical-corridor-is-the-countrys-largest-hot-spot-for-toxic-air-cancer-risk/article_852d98d0-3d81-11ec-a61f-0bf8e82339a8.html.
Ringquist, Evan J., and David H. Clark. "Local Risks, States' Rights, and Federal Mandates: Remedying Environmental Inequities in the U.S. Federal System." Publius 29, no. 2 (1999): 73-93. http://www.jstor.org/stable/3330892.
Roberts, Jennifer D., Katherine L. Dickinson, Marccus D. Hendricks, and Viniece Jennings. "'I Can't Breathe': Examining the Legacy of American Racism on Determinants of Health and the Ongoing Pursuit of Environmental Justice." Current Environmental Health Reports 9, no. 2 (March 4, 2022): 211-27. https://doi.org/10.1007/s40572-022-00343-x.
Ross, Carmen. "People of Color Live Disproportionately Close to Superfund Sites." The University of Alabama at Birmingham. Last modified January 15, 2021. Accessed July 26, 2023. https://sites.uab.edu/humanrights/2021/01/15/people-of-color-live-disproportionately-close-to-superfund-sites/.
The United States Commission on Civil Rights. "Environmental Justice Litigation and Remedies: The Impact of Sandoval and South Camden." In Not in My Backyard: Executive Order 12,898 and Title VI as Tools for Achieving Environmental Justice. 2023. Digital file.
UN News Global Perspective Human Stories. "Environmental Racism in Louisiana's 'Cancer Alley', Must End, Say UN Human Rights Experts." United Nation. Last modified March 2, 2021. Accessed July 20, 2023. https://news.un.org/en/story/2021/03/1086172.
U.S. Commission on Civil Rights. Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898. 2016. Digital file.
"Village of Arlington Heights v. Metropolitan Housing Development Corporation." Oyez. Accessed July 20, 2023. https://www.oyez.org/cases/1976/75-616.
"Washington v. Davis." Oyez. Accessed July 20, 2023. https://www.oyez.org/cases/1975/74-1492.
"West Virginia v. Environmental Protection Agency." Oyez. Accessed July 11, 2023. https://www.oyez.org/cases/2021/20-1530.
Younes, Lylla, Al Shaw, and Claire Perlman. "In a Notoriously Polluted Area of the Country, Massive New Chemical Plants Are Still Moving in." ProPublica. Last modified October 30, 2019. Accessed July 20, 2023. https://projects.propublica.org/louisiana-toxic-air/.
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