Editors' Note

• Author: Mark Borak - Bethany Peak
• Pages: 2-2

Informed Consent, Tendai Zvogbo addresses the concept of free

prior informed consent and how it can be used by communi-

ties to benef‌it from foreign direct investment. She posits that

by employing this principle, both indigenous communities and

multinational corporations can benef‌it by facilitating economic

growth while protecting the environment. In A Legal Standard

for Post-Colonial Land Reform, Amelia Peterson gives us a com-

prehensive legal framework for how to equitably and feasibly

accomplish land redistribution. She draws upon international

human rights law to f‌ill a conceptual gap in the legal justif‌ica-

tions for such policies, and demonstrates that human rights

can be protected within land redistribution programs. Finally,

Hdeel Abdelhady proposes a sustainable and innovative way to

enhance food security for vulnerable populations by harnessing

a time-tested Islamic f‌inancing mechanism in Islamic Finance

as a Mechanism for Bolstering Food Security in the Middle East.

We would like to offer our sincerest thanks to all of our pas-

sionate and talented authors. It is our hope that their articles not

only contribute to the academic study of environmental justice

and equity, but that the ideas presented herein create a positive

impact in communities disproportionately suffering under the

environmental burdens of our society.

2Sustainable Development Law & Policy

Environmental justice and environmental equity repre-

sent two ideas that, while seemingly straightforward

and complementary, tend to foster controversy both in

the environmental community and in the public at large. The lat-

ter term has been described as a movement to equally distribute

environmental risks between and among populations, while the

former is seen as a movement to eliminate those risks entirely,

but with special attention to those populations most affected. At

the heart of both is the idea that people should be treated fairly

with respect to the application and impact of environmental pol-

icy and practice, regardless of a community’s race, gender, class

or income. In the United States and abroad, a growing number

of states and organizations are striving to achieve environmental

justice for affected citizens, but how they def‌ine and implement

“justice” and “equity” with regard to environmental risks and

benef‌its varies widely. In this latest issue of Sustainable Devel-

opment Law & Policy we highlight some of the most pressing

domestic and international concerns and struggles of the envi-

ronmental justice movement.

Three of our articles address the domestic implications of

environmental justice concerns. Mike Ewall’s article, Legal Tools

for Environmental Equity vs. Environmental Justice, focuses on

the quest within the judicial system for remedies of environmen-

tal injustices against minorities and disadvantaged communities.

He examines various claims brought under Title VI of the Civil

Rights Act, suggesting policy changes that could rectify much of

the disparate impact of environmental actions. In On Diversity

and Public Policymaking, Professor Simms examines the inter-

nal composition and structure of U.S. environmental agencies

and sees an opportunity to advance environmental justice aims

by integrating disparate and underrepresented voices into the

ranks of decision-makers. Professor Alice Kaswan also focuses

on domestic issues in her article, Seven Principles for Equitable

Adaptation, urging policymakers to incorporate equity consid-

erations and socioeconomic factors in addressing the potential

damage from climate change. She posits that long-range land

use planning, culturally sensitive communications and services,

participatory processes, and reducing underlying environmental

stresses top the list of priorities that could prepare the most vul-

nerable populations for a changing climate.

Moving to an international scope, in her article, The

Growth of Environmental Justice and Environmental Protection

in International Law, E.A. Pheby addresses threats to the

indigenous peoples of the Arctic. She criticizes the application

of international law, while highlighting the tension between

states’ rights to natural resources and the rights of indigenous

groups to health, safety and self-determination. In Free Prior

EDITORS’ NOTE

FEATURES:

20 | ON FERTILE GROUND: THE ENVIRONMENTAL

AND REPRODUCTIVE JUSTICE MOVEMENTS AS A

UNIFIED FORCE FOR REFORMING TOXIC CHEMICAL

REGULATION by Angie McCarthy

36 | EDIBLE COMMUNITIES: INSTITUTIONALIZING THE

LAWN-TO-GARDEN MOVEMENT TO PROMOTE FOOD

INDEPENDENCE FOR LOW-INCOME FAMILIES

by Chelsea Tu

47 | DANGEROUS SEPARATION: AN ECOSYSTEM AND

WAY OF LIFE IN THE WEST BANK AT THE BRINK

OF DESTRUCTION by Elana Katz-Mink

Mark Borak Bethany Peak