Controlling Existing Facilities

Document Type

Contribution to Book

Publication Date

2008

Publication Title

The Law of Environmental Justice: Theories and Procedures to Address Disproportionate Risks

Keywords

grandfather clauses, pollution, existing facilities

Abstract

This chapter first will address the environmental grandfather clauses that allow older, existing facilities to pollute more heavily than newer facilities of the same type. It will discuss allegations of unequal government enforcement as a driver of environmental inequity. It will then address the statutory, administrative, and common law methods citizens might use to control existing facilities that degrade the environment in low-income and minority communities. Finally, it will briefly address methods for controlling existing facilities that are available only to government entities.

ISBN

1604420839

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