Inequities of industrial siting addressed
Article Abstract:
Claims of environmental racism can be brought under Title VI of the 1964 Civil Rights Act, which states that federal fund recipients may not discriminate against protected groups of people. When using Title VI, plaintiffs need only prove disparate impact rather than the discriminatory intent which would be required under an equal protection claim. The Environmental Justice Act of 1992 was drafted to redress environmental racism and is under consideration in Congress. Likely effects of new laws to redress environmental racism on business and industry are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Debate rages over insurance coverage
Article Abstract:
An important issue in environmental damage liability litigation is insurance coverage of environmental claims under commercial general liability (CGL) policies. A minority of courts do not consider cleanup costs arising from governmental mandates as equitable damages, and deny coverage under this philosophy. Companies with old CGL policies should have their coverage evaluated, notify insurers of potential claims, obtain agreement with the insurer on legal costs and coordinate coverage and environmental matters.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Shell Oil case may tie enforcers' hands
Article Abstract:
Federal judges in Shell Oil Co v EPA vacated and remanded the EPA 'mixture' and 'derived-from' rules on the identification of hazardous waste under RCRA and this raises doubts about pending agency enforcement actions dealing with the vacated rules. The consequences for state enforcement could be even more serious, since many states have, in accordance with RCRA's delegation authority, incorporated federal regulations into their own hazardous waste management programs.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- Abstracts: Constitutional questions about vouchers. The Enlightenment case for vouchers. January 27, 1961: the birth of gaylegal equality arguments
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