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Effective Methods for Environmental Justice Assessment (2004) / Chapter Skim
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Appendix B - Implications of Recent Environmental Justice Case Law
Pages 310-313

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From page 310...
... Then, if litigation results, the permitting agency will be prepared with a rebuttal or information justifying its actions. RECENT CASES BASED ON EQUAL PROTECTION STATUTES AND REGULATIONS Title VI of the Civil Rights Act of 1964, as amended, only prohibits intentional discrimination, which is extremely difficult to prove.
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From page 311...
... Court of Appeals for the Third Circuit in December 2001.6 In its decision, the Third Circuit held that Section 1983 does not allow private parties to bring the type of disparate-impact lawsuits that the Supreme Court barred in Sandoval. RECENT CASES BASED ON ENVIRONMENTAL STATUTES AND REGULATIONS Unlike Title VI, the National Environmental Policy Act (NEPA)
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From page 312...
... PROPORTIONALITY IN DISTRIBUTION OF BENEFITS AND BURDENS There has been relatively little case law that directly addresses the core issues presented in EO 12898 -- namely, how to determine whether a particular population group is disproportionately affected by a project and, if so, how to determine whether such disproportionate impacts are justified. However, in one relatively recent case, Jersey Heights Neighborhood Association versus Glendening, the U.S.
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From page 313...
... We do not think the drafters of the Fair Housing Act ever contemplated such a reading.10 As a matter of legal precedent, the Jersey Heights decision only applies to cases under the Fair Housing Act. However, this case is noteworthy because it signals that courts may be skeptical of lawsuits based on the claim that the benefits and burdens of a transportation project have been distributed disproportionately.
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Key Terms

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  • private plaintiffs
  • jersey heights
  • versus glendening
  • south camden

  • fair housing
  • association versus
  • supreme court
  • neighborhood association
  • jersey department

  • camden citizens
  • housing act
  • dot title
  • action versus
  • heights neighborhood

  • justice claims
  • raise environmental
  • federal court
  • considered environmental
  • versus sandoval

  • district court
  • adequately considered
  • court held
  • intentional discrimination
  • alexander versus

  • allow private
  • disparate impact
  • disproportionate effects
  • purely procedural
  • third circuit


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