Adding Insult to Injury: Regulatory and Litigant Slight to Environmental Injustice

Claudia Wald, University of Florida

Abstract

Likewise, cases asserting a community’s environmental rights cannot succeed in conjunction with the system of environmental regulation… Likewise, the system of environmental regulation in place is both overly broad and underinclusive- thereby not amenable to a rights-based justification of environmental protection which indigent and people of color communities are raising… Likewise… many plaintiffs turned to Title VI of the Civil Rights Act of 1964 to pursue their claims in light of the difficulties of litigating under the Equal Protection Doctrine…. Likewise, the recent Sandoval decision ruled that no private cause of action existed under Title VI of the Civil Rights Act of 1964, eliminating just about all venues to enforce a private right of action by constitutional provisions…