Litigation Strategies for Environmental Justice

This comprehensive course examines the current landscape of litigation strategies available to communities affected by toxic waste. Attendees will acquire the knowledge and tools necessary to assess federal legislative attempts to amend Title VI of the Civil Rights Act of 1964, allowing for environmental racism claims based on disparate impact. Furthermore, they will explore state laws that establish enhanced environmental safeguards for communities facing greater health risks due to environmental harm. Additionally, the course evaluates the overall limitations of the existing environmental justice legal framework in providing remedies for the full spectrum of environmental harms faced by indigenous, minority, underserved, and economically disadvantaged communities.

Delving into the history and contemporary operation of the U.S. federal regulatory framework for waste classification, detection, disposal, and remediation, this course offers a comprehensive understanding of the current landscape. Participants will also examine the constraints of the existing legal standard of discriminatory intent under Title VI of the Civil Rights Act of 1964 in addressing the disproportionate environmental burdens experienced by minority communities throughout the United States. By delving into the array of current and potential litigation strategies available to claimants alleging environmental harms, attendees will gain valuable insights into effective legal avenues for seeking justice.

This course is designed for attorneys at all levels of practice who are eager to expand their understanding of environmental justice. By exploring the complexities and nuances of litigation strategies in this realm, participants will be equipped to advocate for impacted communities with greater insight and effectiveness.

Learning Objectives:

• Introduce the taxonomy and legal history of the Environmental Justice (EJ) movement including key figures in litigation and legislation
• Evaluate the largely unsuccessful attempts of the EJ movement to activate §601 of Title VI of the Civil Rights Act of 1964 to remedy alleged discriminatory effects of environmental issues including locally undesirable land uses (LULUs)
• Clarify the significance of toxic and hazardous waste issues in the United States including providing classification of categories of waste, nationwide mapping of sites of various forms of waste, and current methods of disposal
• Provide an overview of the federal regulatory framework for waste disposal including limitations of extant legislation, funding for regulatory bodies, and length of regulatory review process
• Identify statutory and practical limitations of enforcement for each of the federal laws including given the limited resources of the EPA’s Office of Environmental Justice, complexity of transboundary pollution issues, and weak track record of enforcement
• Evaluate the possibility of federal legislation to permit environmental racism claims based upon discriminatory impact along with state legislation to increase protections for marginalized societal groups
• Address the limitations of the Environmental Justice movement to encompass the cultural and economic needs of indigenous, minority, and marginalized groups given the focus on equal protection and identifying racial animus in environmental racism claims

Production Date: 7/5/2024