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Name of Article:
Are Storm Clouds Brewing on the Environmental Justice Horizon? 
Title of Book/Journal:
 
Type:
 
English Translation:
 
Publication Date:
1998     
Author(s):
Huebner, S.B.
 Editor(s):
 
Volume:
 
Issue:
Pages:    
Corporate Author:
 
Publisher:
St. Louis, MO: Center for the Study of American Business   
EPA Number:
 
Other Number:
   
Keyword(s):
LAW-FEDERAL
ENVIRONMENTAL JUSTICE MOVEMENT
LOW INCOME COMMUNITIES
MINORITY COMMUNITIES
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
SITING
LAW-CASE LAW
U.S. ENVIRONMENTAL PROTECTION AGENCY-POLICY
U.S. NUCLEAR REGULATORY COMMISSION
Comments:
 
 
 
 
    
 
Annotation:
This article describes how, in 1998, the U.S. Environmental Protection Agency (EPA) and the Third U.S.Circuit Court of Appeals have handed major victories to the environmental justice movement, but they have dealt severe blows to minority and economically disadvantaged communities across the United States. The disparate impact doctrine that appears to be emerging would impede the location of industrial facilities in minority and low income areas, even when residents seek the economic benefits that accompany these facilities. The Shintech and Louisiana Energy Services cases in Louisiana represent more than just the latest in a series of attempts to block facility siting by the environmental justice movement. The permit denials in these cases may be the first to be upheld based on the idea of disparate impact. In the Shintech case, EPA blocked the plastics facility on grounds unrelated to environmental justice, although its Office of Civil Rights is considering a disparate impact claim based on Title VI of the 1964 Civil Rights Act. The strong affirmation EPA gives to disparate impact in its new environmental justice guidance suggests that the agency is ready to enforce the idea. In the Louisiana Energy Services case, the U.S. Nuclear Regulatory Commission's Atomic Safety and Licensing Board has overruled plans for a new uranium enrichment facility in response to the claim that the facility would create discriminatory effects on the minority residents in the surrounding communities. The decision is now on appeal to the Nuclear Regulatory Commission.
 
 
       
 
 
 

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