By Ed Reid on July 27, at All else is hypothesis or projection based on hypothesis.
To judge the success of employment discrimination claims from the rate of probable cause findings might appear to underestimate the success of complainants, because complainants may settle their claims favorably.
But a complainant might also settle a claim unfavorably. In all likelihood, the reason that so many race discrimination complaints fail is not that such complaints lack merit, or that people file discrimination complaints fraudulently or in bad faith.
Rather, it likely reflects the fact that it is difficult to unequivocally tie an employer action to an unlawful reason, as opposed to a lawful reason.
In the environmental justice context, an environmental discrimination claim essentially asserts that a company intends to single out a particular community based predominantly on racial or ethnic characteristics.
While a discrimination claim in the employment context is based on an alleged harm to a particular individual, in the environmental justice context it is based on an alleged harm to the racial or ethnic community as a whole.
In addition, the decision making involved in developing a site for construction necessarily involves many more considerations than a decision in the employment context.
Developers might focus on financial forecasts, the availability of raw materials, the accessibility of markets, and the favorability of local regulations—considerations having nothing to do with race or ethnicity.
Despite these legal safeguards, commenters have criticized Title VI as being insufficiently protective of communities. An employment discrimination dispute essentially involves a contest over the lawfulness of an employer action. The employee alleges that an action was based on an unlawful reason race, ethnicity, etc.
The employer alleges the action was based on a legitimate nondiscriminatory business reason a bona fide occupational requirement, or a legitimate performance-based reason.
The issue is whether the decision was based on a prohibited reason such as race or ethnicity. Community groups brought two challenges to the siting of industrial facilities near Philadelphia, Pennsylvania.
The first involved an application by Soil Remediation Systems, Inc. Following the success of that case, a second case was commenced by South Camden Citizens in Action against the New Jersey Department of Environmental Protection, seeking a preliminary injunction and a declaratory judgment that the grant of permits to construct and operate a cement producing plant by St.
University of Chicago on the grounds that it only involved an instance of intentional discrimination and not disparate impact, and he based this reasoning on a concession for the sake of argument by the defendant, rather than on the actual allegations of the plaintiff.
Since the time of this setback for the environmental justice movement, there have been a limited number of reported cases involving environmental justice claims under Title VI, and they have not been favorable to environmental justice plaintiffs. Sandoval, the court held that the plaintiff could not maintain a Title VI action for discrimination based entirely on an alleged failure to evaluate the disparate impacts on a minority community.
Heyburn held there was no evidence to support the claims of unlawful discrimination. Because of scientific uncertainty, one court denied a motion for a preliminary injunction because plaintiffs failed to establish irreparable harm resulting from a decision of the Detroit Public Schools to build the new Beard Elementary School on a contaminated site.
Sandoval, ruling that there is no private right of action for disparate impact discrimination under Title VI. The high burden of proving intentional discrimination is a significant barrier for environmental justice plaintiffs in seeking relief from environmental discrimination in the court system.
Statutory Framework The fact that it is difficult for plaintiffs to sustain a private right of action under Title VI might suggest that another federal statute—the federal Administrative Procedure Act  APA —would be a better alternative. Originally enacted inthis statute provides a form of judicial review for actions of administrative agencies.
Alexander init is EPA and not private plaintiffs who maintains the authority to enforce Title VI for disparate impact claims. McCarthy makes it even more difficult for private plaintiffs to secure judicial review under Title VI. Finally, environmental justice petitioners might seek judicial review under APA provisions authorizing claims for unreasonable delay in the performance of a nondiscretionary duty.
A court dismissed an unreasonable delay claim with respect to the processing of a civil rights complaint regarding the siting of a BioSafety Level 4 laboratory by the National Institute of Allergy and Infectious Diseases in the neighborhoods of Roxbury and South End in Boston, Massachusetts, due to the pendency of a related legal challenge to the environmental analysis for the project.
Section 2 C i requires that a federal agency prepare a report regarding the environmental impact of a proposed major federal action that significantly affects the quality of the human environment.
This is largely attributable to the issuance of an executive order by President Clinton directing federal agencies to incorporate environmental justice considerations into their decision-making.
Judicial Case Law Judicial decisions considering challenges to siting of industrial facilities and transportation projects under NEPA demonstrate that this statute provides limited protection to low income minority communities.
Consistent with the procedural nature of the law and regulations, judicial decisions typically affirm agency decisions allowing projects to proceed. In a NEPA challenge, the standard of review is whether the lead agency considered the relevant factors, articulated a rational basis for its conclusion, and supported it with evidence.
Paul,  and the challenge to a grant to revitalize the St. Because NEPA only applies to federal actions and not state actions, a court rejected an environmental justice challenge to a project involving the closure of Walnut Depot, the transfer of buses to other depots, and the expansion of a neighboring waste transfer facility in the South Bronx, New York.
A court rejected an environmental justice challenge to a section fill permit authorizing Leeco, Inc. A categorical exemption from NEPA review for the management of hazardous waste precluded an environmental justice challenge to the shipment of the product of the hydrolysis of chemical warfare agent VX from Newport, Indiana for incineration in Port Arthur, Texas.
Presumably, this is intended to demonstrate that the concerns of low-income minority communities have not been ignored. This happened in the case of a challenge to the selection of a location for an international bridge crossing in the Delray neighborhood of Detroit, an economically depressed community.Nov 02, · The Dakota Access pipeline is a $ billion project that would carry , barrels of oil a day from the oil fields of western North Dakota to Illinois, where it would be linked with other.
North Dakota Protesters Vow to Stop Oil Pipeline From Traversing Sioux Land Find this Pin and more on Native American by Dottie Spurlock. The Dakota Access Pipeline, a oil conduit, is slated to run from North Dakota to Illinois.
The pipeline runs through North and South Dakota, Iowa and Illinois. It has the capacity to transport more than. There is a huge movement rising against the construction of an oil pipeline in North Dakota but the media won't tell you about it! We stand with The Standing Rock Rez in their effort to fight against the construction of the.
In what looks to be a sequel to the Keystone XL Pipeline dispute, a group of climate activists, Native American groups, and landowners are opposing the construction of yet another oil pipeline.
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Enviro groups appeal NJ gas pipeline approval- Two environmental groups are appealing the approval of a hotly contested natural gas pipeline through the ecologically sensitive New Jersey. KEYSTONE XL PIPELINE: EXAMINING SCIENTIFIC AND ENVIRONMENTAL ISSUES HEARING BEFORE THE Examining Scientific and Environmental Issues Tuesday, May 7, a.m.
- p.m. The spill frequency and impact analysis are consistent with our experience in North Dakota with pipeline construction and what .