Environmental justice is a significant and dynamic contemporary development in environmental law.
This writing seminar will focus upon the environmental justice movement and theway that people of color, the poor, indigenous communities and tribal
governments have challenged the fundamental ideologies that support environmental policy and regulation. The course begins with an
examination of various conceptions of justice, studies about disparities in environmental harms and benefits, and theories concerning the causes
of such inequities. Seminar participants will then examine class and racial inequities in a variety of regulatory contexts, including risk
assessment, standard setting, permitting, enforcement and the cleanup of contaminated lands. The course concludes with a look at various legal
tools used in the effort to achieve environmental justice, including citizen suit enforcement of environmental laws, claims brought under the
Equal Protection Clause and Title VI of the Civil Rights Act, and various non-litigation strategies, including land use and planning
tools, disclosure laws, and collaborative projects. Students will be required to write a research paper on an aspect of environmental justice
that may meet the writing requirement of this two or three unit course.
The text used will be Rechtschaffen, Gauna and O'Neill, ENVIRONMENTAL JUSTICE: LAW, POLICY AND REGULATION (2ND Ed. 2009).