The federal government, in its cleanup of hazardous sites and its pursuit of polluters, favors white communities over minority communities under environmental laws meant to provide equal protection for all citizens, a National Law Journal investigation has found

Article Abstract:

The National Law Journal surveyed census data, the EPA's performance at 1,177 Superfund sites and the EPA's civil case docket and concluded that hazardous waste sites are more likely to be located in minority areas and that it is much harder for minority areas to get the government interested in cleanup. Fines for Resource Conservation and Recovery Act violations were 506% greater in white areas. It takes 20% longer to get a hazardous waste site in a minority area declared a Superfund site, but once cleanup begins, white sites are only 4% ahead of minority sites. Other statistics are given.

Author: Coyle, Marcia, Lavelle, Marianne
Social aspects, Surveys, Environmental policy, The National Law Journal (Newspaper)

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OSHA, EPA lose big battles in appeals courts

Article Abstract:

Two federal appeals court cases decided against government agencies illustrate the problems created by bureaucratic delay. In AFL-CIO v OSHA the 11th Circuit ruled Jul 7, 1992 that the agency's practice of grouping standards for 428 toxic chemicals in the workplace was invalid. Instead standards must be issued for one chemical at a time unless Congress changes the law. OSHA had only managed to issue 24 individual standards since 1970. The 9th Circuit ruled in Coalition for Clean Air v EPA that the agency must take action to clean up air pollution in Los Angeles, CA.

Author: Coyle, Marcia, Lavelle, Marianne
Cases, Air pollution control, United States. Occupational Safety and Health Administration, United States. Environmental Protection Agency, Hazardous substances, Air quality management

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Congress returns to legal, regulatory reform

Article Abstract:

Budget deadlines and presidential politics will affect the reform efforts and other leading items on the Republican agenda as Congress returns from summer recess. Many items have been passed in some fashion by both houses, but still require a conference committee to work out a detailed compromise. These include tort reform, telecommunications legislation, and changes in securities class action law. Budget changes and cuts may have even more impact, notably on environmental policy and the federal judiciary.

Author: Coyle, Marcia, Donovan, Karen, Berkman, Harvey, MacLachlan, Claudia, Lavelle, Marianne
United States, Finance, Political aspects, United States. Legal Services Corp., Securities law, Environmental law, Law reform, Legal reform

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