Disparate Impacts: The Problems of Discriminatory Intent and the Need for Community Activism
By James S. Hoyte
INTRODUCTION
Environmental justice advocates need to focus their efforts on formulating and implementing strategies to influence political and regulatory decisionmakers rather than relying on the courts to remedy environmental inequities. Although litigation has some value in this context, it provides little hope for real solutions. Instead, localized grassroots programs of political activism provide the greatest hope for success in combating the problem of environmental racism.
Environmental justice advocates seeking relief from allegedly inequitable and racially discriminatory siting decisions anchored early cases on equal protection claims. These cases were based on the theory that governmental decisions about the siting of unwanted facilities in minority neighborhoods denied residents equal protection of the laws under the Fourteenth Amendment. However, several environmental justice cases have repudiated this theory, seriously undermining litigation as a remedy for environmental injustices.
Title VI of the Civil Rights Act of 1964 may provide a basis for relief in these cases, but this theory has yet to yield a successful decision. Title VI prohibits federal agencies and departments from funding activities and projects that discriminate on the basis of race, sex, or national origin. Under this provision, each federal agency must regulate monies to ensure they are not used in a racially discriminatory manner. Title VI provides for the withdrawal of monies when proposed projects unfairly burden a community of color. This tool may be very potent, since many environmental projects require massive funding from the EPA. However, in the past, the EPA has been reluctant to use the club of Title VI regulations against environmental injustice. Therefore, grassroots community activism designed to influence political and regulatory decisionmakers such as the EPA is necessary.
The failure of equal protection cases and the limited applicability of Title VI suggests that other strategies are needed to fight the problems of environmental injustice and racism. A growing number of administrative complaints alleging environmental racism have been filed with the EPA under Title VI, and the agency has agreed to investigate several of these complaints. Environmental justice advocates will closely follow the EPA's final determination of these issues. Given the uncertainty of the EPA's resolution and the failure of other formal remedies, the greatest hope for successfully addressing environmental racism is to pursue a program of political activism.
Part II provides a brief summary of the failure to remedy environmental inequity through the Equal Protection Clause. Part III discusses the perpetrator perspective, how little this perspective values the practical reality of disparate environmental burdens, and the effect this has upon legal decision making. Part IV explains how the contemporary social and political culture perpetuates this perspective, and creates the necessity for community activism. Part V presents a model for such community activism and discusses its virtues.
Environmental justice advocates need to focus their efforts on formulating and implementing strategies to influence political and regulatory decisionmakers rather than relying on the courts to remedy environmental inequities. Although litigation has some value in this context, it provides little hope for real solutions. Instead, localized grassroots programs of political activism provide the greatest hope for success in combating the problem of environmental racism.
Environmental justice advocates seeking relief from allegedly inequitable and racially discriminatory siting decisions anchored early cases on equal protection claims. These cases were based on the theory that governmental decisions about the siting of unwanted facilities in minority neighborhoods denied residents equal protection of the laws under the Fourteenth Amendment. However, several environmental justice cases have repudiated this theory, seriously undermining litigation as a remedy for environmental injustices.
Title VI of the Civil Rights Act of 1964 may provide a basis for relief in these cases, but this theory has yet to yield a successful decision. Title VI prohibits federal agencies and departments from funding activities and projects that discriminate on the basis of race, sex, or national origin. Under this provision, each federal agency must regulate monies to ensure they are not used in a racially discriminatory manner. Title VI provides for the withdrawal of monies when proposed projects unfairly burden a community of color. This tool may be very potent, since many environmental projects require massive funding from the EPA. However, in the past, the EPA has been reluctant to use the club of Title VI regulations against environmental injustice. Therefore, grassroots community activism designed to influence political and regulatory decisionmakers such as the EPA is necessary.
The failure of equal protection cases and the limited applicability of Title VI suggests that other strategies are needed to fight the problems of environmental injustice and racism. A growing number of administrative complaints alleging environmental racism have been filed with the EPA under Title VI, and the agency has agreed to investigate several of these complaints. Environmental justice advocates will closely follow the EPA's final determination of these issues. Given the uncertainty of the EPA's resolution and the failure of other formal remedies, the greatest hope for successfully addressing environmental racism is to pursue a program of political activism.
Part II provides a brief summary of the failure to remedy environmental inequity through the Equal Protection Clause. Part III discusses the perpetrator perspective, how little this perspective values the practical reality of disparate environmental burdens, and the effect this has upon legal decision making. Part IV explains how the contemporary social and political culture perpetuates this perspective, and creates the necessity for community activism. Part V presents a model for such community activism and discusses its virtues.