Abstract

http://ssrn.com/abstract=222349
 


 



Reforming State Brownfield Programs to Comply with Title VI


Bradford C. Mank


University of Cincinnati - College of Law


Harvard Environmental Law Review, Vol. 24, pp. 115-187, 2000

Abstract:     
Many states have adopted voluntary action programs to encourage developers to clean up and redevelop brownfields, former industrial or commercial facilities that have some environmental contamination. While brownfields redevelopment often has important benefits, states often allow cleanups that are less stringent than would otherwise be required and that raises the possibility that redevelopment could pose health risks to neighboring residents. Because many brownfield sites are located in areas with significant minority populastions, there is the potential for disproportionate impacts against these groups. If disparate impacts occur, states are arguably liable under Title VI of the 1964 Civil Rights Act. The Article proposes several procedures to reduce the likelihood of disparate impacts. First, states should require developers to collect data about the racial demographics and relative burden of pollution in areas surrounding the proposed brownfield site. Additionally, states should require developers to mitigate any impacts and consider alternative sites that pose less risk or discriminatory potential. Even if some disparate impacts against minorities were likely, developers could attempt to justify their projects. Finally, states should encourage early and meaningful public participation in the approval of brownfield proposals.

Accepted Paper Series


Not Available For Download

Date posted: March 30, 2001  

Suggested Citation

Mank, Bradford C., Reforming State Brownfield Programs to Comply with Title VI. Harvard Environmental Law Review, Vol. 24, pp. 115-187, 2000. Available at SSRN: http://ssrn.com/abstract=222349

Contact Information

Bradford C. Mank (Contact Author)
University of Cincinnati - College of Law ( email )
P.O. Box 210040
Cincinnati, OH 45221-0040
United States
513-556-0094 (Phone)
513-556-1236 (Fax)
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