The Bush Record on the Environment: What a Difference Two Years Make

Although the Bush Administration has proposed a few environmentally positive initiatives . . . these initiatives have been far over-shadowed by the efforts to weaken or roll back environmental protections

Advancing Environmental Justice Norms

Part I of this Article provides brief background on the environmental justice movement. Part 11 generally describes some of the challenges that environmental justice principles pose for the traditional environmental decision-making paradigm. Part III presents several specific examples of how environmental justice norms can be incorporated to improve the ethical outcomes of traditional agency decision making

Deterrence vs. Cooperation and the Evolving Theory of Environmental Enforcement

This Article critically examines the assumptions underlying the reform movement, and concludes that we should ease the rush to dismantle traditional, deterrence-based civil enforcement. While some of the underlying critiques of traditional enforcement have merit, they do not demonstrate that a wholesale shift to a primarily cooperative-oriented approach will improve compliance with environmental law. In fact, a deterrence based system of enforcement contains many attributes that are equally if not more essential to achieving compliance. Rather than discarding the current enforcement approach, we should move to a system of environmental enforcement that is grounded in deterrence theory but integrates the most constructive features of a cooperative model. Part II of this Article describes the theoretical basis for the traditional approach to enforcing environmental law, and how this approach has evolved in practice. Part Ill assesses the major theoretical critiques of deterrence- based enforcement that underlie the current push for reform. Part IV discusses the positive elements of deterrence-based enforcement and why they should not be abandoned. Part V analyzes the wisdom of the most significant proposed reforms currently being considered or implemented, and suggests a better approach for improving enforcement of our nation\u27s environmental laws

A Survey of Federal Agency Response to President Clinton\u27s Executive Order No. 12898 on Environmental Justice

In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society\u27s attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies