Controlling Existing Facilities
Contribution to Book
The Law of Environmental Justice: Theories and Procedures to Address Disproportionate Risks
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.
Heidi Gorovitz Robertson, Controlling Existing Facilities, in The Law of Environmental Justice: Theories and Procedures to Address Disproportionate Risks (M.B. Gerrard & S.R. Foster, eds., 2nd ed. American Bar Association 2008)