Taking Environmental Justice Claims Seriously
Editors' Summary: Environmental justice issues have been the focus of much attention in recent months. In a case of first impression, the Third Circuit held last December that community groups can bring civil rights actions in federal court to collaterally attack state environmental permit decisions. Thispast February, EPA issued an interim guidance document on environmental justice which, among other things, would allow community groups to challenge state permit decisions after they are made — including permit renewals and modifications. This Dialogue focuses on these twin developments that raise important strategic issues for developers and companies seeking governmental approvals for projects located in geographic areas with significant minority or low-income populations.