Abstract
Environmental Justice (or“EJ”) has been recognized as a concept since
at least 1982. After decades of incremental and ineffective efforts by the federal
government, it has become clear that EJ must evolve beyond the concept
stage if it is to be an effective vehicle for social and legal change. At its heart,
EJ is a function of social inequities and environmental harms, and the disproportionate
correlation between those components can no longer be ignored
by state and federal actors. The way forward must be paved with practical
legal solutions and affirmative application of regulatory authority. This
article examines the history of EJ primarily through the lens of the U.S. Environmental
Protection Agency and the White House, and evaluates the progress
made in terms of regulations and permitting. The article also examines
recent administrative and judicial decisions addressing EJ claims and, in
conclusion, provides recommendations for ways in which EJ issues can be
better presented and addressed.
Recommended Citation
Jon A. Mueller & Taylor Lilley,
Forty Years of Environmental Justice: Where is the Justice?,
25
Rich. Pub. Int. L. Rev.
75
(2022).
Available at:
https://scholarship.richmond.edu/pilr/vol25/iss3/4