Dissenting Statement of Commissioner Gail Heriot to the U.S. Commission on Civil Rights' Report on Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898

35 Pages Posted: 12 Jan 2017

See all articles by Gail L. Heriot

Gail L. Heriot

University of San Diego School of Law

Date Written: 2016

Abstract

On September 30, 2016, the U.S. Commission on Civil Rights published a report entitled "Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898." This Dissenting Statement, written by Commissioner Gail Heriot, was part of that report, but was critical of the main body of the report. It discusses the Commission's lack of expertise in the area and how the Commission staff's independent research tends to undermine the Commission's conclusions. It also discusses how the incendiary allegations of some Commission members and some witnesses of "environmental racism" are inappropriate, and how (contrary to the Commission's apparent assumption) Title VI has already been held not to be a disparate impact statute by the Supreme Court.

Keywords: Environmental Justice, Environmental Racism, Title VI, EPA, Commission on Civil Rights, Coal Ash, Environmentalism, Disparate Impact, Landfill, Toxic Racism, Public Utility, Racial Minorities, Waste Disposal, Toxicology, Epidemiology, Hazardous Waste

JEL Classification: A00, A10, K10, K32

Suggested Citation

Heriot, Gail L., Dissenting Statement of Commissioner Gail Heriot to the U.S. Commission on Civil Rights' Report on Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898 (2016). San Diego Legal Studies Paper No. 17-247. Available at SSRN: https://ssrn.com/abstract=2897775 or http://dx.doi.org/10.2139/ssrn.2897775

Gail L. Heriot (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

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