Introduction - Environmental Justice: Legal Theory and Practice

• Author: Barry E. Hill
• Pages: 1-12

Page 1

Introduction

Environmental Justice: Legal Theor y and Practice

Environmental Justice, Sustainable Development, and the Human Right to a

Clean and Healthy Environment

is book focuses on two interrelated but distinct concepts: environmental justice and sustainable develop-

ment. With respect to environmental justice, this textbook/handbook examines the issue not only from

an environmental law perspective, but also from a civil rights law, a nd a human rights law perspect ive.

It explores how environmental justice concerns are framed and addressed/resolved in the United States

through acts of civil disobedience; federal, state, and local government initiatives; litigation and alternative

dispute resolution; and/or mediation. e complex dy namic of environmental justice concerns comprises

environmental, social, economic, health, and political problems in minority and/or low-income communi-

ties. e concept of environmental justice involves a discussion of various substantive areas, including, but

not limited to, the following:

• Environmental Law

• Constitutional Law

• Human Rights Law

• Environmental Policy Development and

Implementation

• History

• Sociology

• Health Sciences

• Economics

• Political Science

• Public Policy

• Media Relations

• Urban Planning

• Race Relations

• Community Organizing/Empowerment

• Land Use Planning

• Civil Rights Movement

• Environmental Movement

• Climate Change/Global Warming

With respect to sustainable development, this book exa mines how environment al law is an essentia l

tool for a nationa l, state, or local government to achieve “sustai nable communities.”4 Environme ntal

law provides the fou ndation for govern mental policies and actions for the pres ervation/protection of

the environ ment and human healt h, and for ensur ing that t he use of natur al resources is both equitable

and sustainable.

is textbook/handbook examines not only the interrelationship between the concepts of environmen-

tal justice and sustainable development but also the community sentiment for a human right to a clean

and healthy environment. According to Prof. Stephen M. Johnson, the human right to a clean and healthy

environment could be an aspect of the U.S. market-based environmental protection regulatory programs

which could, in turn, address environmental justice concerns. Professor Johnson has stated that:

[S]everal Europea n countries have cre ated a constitutional right to a clean or healthy environment. e cre-

ation of a const itutional right to a clean environment could, theoretically, transform the market for environ-

mental rights as fundamental ly as a prohibition on act ions t hat disparately impact communities. More than

[50] countries . . . including Austria, Switzerl and, the Netherlands, Spa in and Portugal have e stablished this

type of cons titutional “right.” Similarly, several international declarations, including the Stock holm Declara-

tion, the Declaration of the Hague, and the Rio Declaration recog nize a “right” to a healthy environment.

4. As stated by EPA:

Sustainable communities are places that provide homes working families can aord; safe, reliable, and economical transportation

options; and access to jobs, schools, parks, shopping, and cultural destinations. Not only do all of their residents enjoy the same protec-

tion from environmental and health hazards, but they also share in the economic and social benets that come from development.

U.S. EPA, P  S C: S E J  E

D 1

(EPA-231-F-10-002) (Dec. 2010).