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50 Mercer L. Rev. 1155 (1998-1999)
Environmental Justice: Is Disparate Impact Enough

handle is hein.journals/mercer50 and id is 1167 raw text is: COMMENT Environmental Justice: Is Disparate Impact Enough? I. INTRODUCTION Not in my backyard! This simple statement and the vigorous efforts to enforce it have resulted over the last sixteen years in a growing movement in minority communities in search of what has been termed environmental justice. It is claimed by activists, and proven in numerous studies, that minorities are more likely to be affected by the siting of hazardous waste facilities and the permitting of other hazard- ous waste producers than are whites.' The causes of these inequities are neither uniform nor easily identifiable. Unfortunately, remedies may be equally elusive. Lack of resources, political power, and practical knowledge have proven all too often to be insurmountable obstacles to 1. Vicki Been & Francis Gupta, Coming to the Nuisance or Going to the Barrios? A Longitudinal Analysis of Environmental Justice Claims, 24 ECOLOGY L.Q. 1, 4 (1997). See also Charles J. McDermott, Testimony submitted to the House Judiciary Committee, Subcommittee on Civil and Constitutional Rights (March 3, 1993) (stating that, although hazardous waste treated in off-site facilities does pose some risk, it should be remembered that the entire commercial hazardous waste industry handles only 3% of the hazardous waste in this country, with the rest being handled by the generator on-site). 2. Been & Gupta, supra note 1, at 6. 1155

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