Environmental Justice and Discriminatory Siting: Risk-Based Representation and Equitable Compensation
![handle is hein.journals/ohslj56 and id is 341 raw text is: OHIO STATE LAW JOURNAL
Volume 56, Number 2, 1995
Environmental Justice and Discrimiatory Siting:
Risk-Based Representation and Equitable
Compensation
BRADFORD C. MANK*
I. INTRODUCTION
Recent articles have argued that existing environmental laws work to the
disadvantage of minorities or the poor and have used shorthand expressions
such as environmental racism, environmental justice or environmental
equity to refer to a wide range of distributional issues.' It is fair to say that an
* Assistant Professor of Law, University of Cincinnati; B.A., Harvard University,
1983; J.D., Yale Law School, 1987. I wish to thank Joe Tomain, John Applegate, Gordon
Christenson, and Paul Schwartz for their comments on earlier drafts. Jennifer Tecson
provided able research assistance. I also wish to thank law librarian Jim Hart for his
assistance in obtaining various government documents and other hard-to-find sources. All
errors or omissions are my responsibility.
I See, e.g., Vicki Been, Locally Undeirable Land Uses in Minority Neighborhoods:
Disproportionate Siting or Market Dynarmics?, 103 YALE L.J. 1383 (1994) [hereinafter
Been, Market Dynarics]; Vicki Been, Wats Fairness Got To Do with It? Envirornental
Justice and the Siting of Locally Undesirable Land Uses, 78 CORNELL L. REV. 1001 (1993)
[hereinafter Been, Fairness]; Richard J. Lazarus, Pursuing Environmental Justice The
Dist'butional Effects of Environmental Protection, 87 Nw. U. L. REv. 787 (1993).
Commentators have defined environmental equity, environmental justice, and
environmental racism in slightly different ways:
Environmental racism is the intentional or unintentional practice of racially
discriminatory siting. Environmental equity involves evenly balancing the siting of
potentially environmentally hazardous facilities among communities of all backgrounds.
Environmental justice, on the other hand, has emerged as a movement to relieve all
communities of the burden of emissions by curtailing waste generation and preventing
all pollution.
Charles J. McDermott, Balancing the Scales of Environmental Justice, 21 FORDHAM URB.
LJ. 689, 689 (1994). Rae Zimmerman says:](ViewImageLocal?handle=hein.journals/ohslj56&div=17&collection=&method=preview&ext=.png&size=3)
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Environmental Justice and Discriminatory Siting: Risk-Based Representation and Equitable Compensation
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