Chapman Law Review
Spring 2000
Case Index
ENVIRONMENTAL JUSTICE INDEX II
Denis Binder [tippy title=”*” header=”off”]Professor, Chapman University School of Law.[/tippy]
Copyright (c) 2000 Chapman Law Review; Denis Binder
Five years ago, I compiled an index of environmental justice cases. [tippy title=”1″ header=”off”]Denis Binder, Index of Environmental Justice Cases, 27 Urb. law. 163 (1995).[/tippy] The time has come to update this index in light of the substantial increase in environmental justice litigation.
The goal is to again present an index of primary case law. For consistency purposes, I have only included cases published in the West Reporter System, West Law, or in loose-leaf services because they are readily available in law libraries. I have not included jury verdicts [tippy title=”2″ header=”off”]One of the most famous examples is a jury in Louisiana awarding $2.5 billion in punitive damages to residents of a predominately black neighborhood in New Orleans. The case involved no deaths, limited property damages, and mostly minor injuries, such as sore throats and burning eyes, when a railroad tank car ignited, causing a chemical fire which burned for 1 ½ days. 1,000 residents were evacuated. See Pamela Coyle, Making a Case for Change, 83 A.B.A. J. 38.[/tippy] and unpublished trial court opinions.
Law review articles [tippy title=”3″ header=”off”]For listings of law review articles, see especially Robert W. Collin, Review of the Legal Literature on Environmental Racism, Environmental Equity, and Environmental Justice, 9 J. Envtl. L. & Litig. 121 (1994); Vicki Been & Francis Gupta, Coming to the Nuisance or Going to the Barrios? A Longitudinal Analysis of Environmental Claims, 24 Ecology L.Q. 1, 3 n.1 (1997); and Craig Anthony (Tony) Arnold, Planning Milagros: Environmental Justice and Land Use Regulations, 76 Denv. U.L. Rev. 1, nn. 1 & 5 (1998).[/tippy] and other secondary authority [tippy title=”4″ header=”off”]See especially Kenneth A. Manaster, Environmental Protection and Justice: Readings and Commentary on Environmental Law and Practice (1995).[/tippy] lie outside the scope of this index. The secondary literature is both extensive and excellent. [tippy title=”5″ header=”off”]See e.g., Eileen Gauna, Federal Environmental Citizen Provisions: Obstacles and Incentives on the Road to Environmental Justice, 22 Ecology .L.Q. 1 (1995); Eileen Gauna, The Environmental Justice Misfit: Public Participation and the Paradigm Paradox, 17 Stan. Envtl. L.J. 3 (1988); Robert M. Collin and Robin Morris Collin, The Role of Communities in Environmental Decisions: Communities Speak for Themselves, 13 J. Envtl. L. & Lit. 37 (1998); and Gerald Torres, Environmental Justice: The Legal Meaning of a Social Movement, 15 J.L. & Com. 597 (1996).[/tippy] This index also excludes the developing area of state statutes [tippy title=”6″ header=”off”]See Been & Gupta, supra n.3 at 4, n.7.[/tippy] and administrative law materials, such as regulations and hearings. [tippy title=”7″ header=”off”]See, e.g., “In the Matter of the Appeal of the People United for a Better Oakland,” Bay Area Air Quality Management District Docket No. 3165 (April 2, 1998).[/tippy]
With these premises in mind, certain observations are in order. First, the case law has truly multiplied geometrically in the preceding five years. The original index included a number of historical cases, which may not have, on the surface, presented environmental justice issues, [tippy title=”8″ header=”off”]See especially Nicholson v. Conn. Halfway House, Inc., 218 A.2d 383 (Conn. 1968).[/tippy] perhaps because such legal arguments were unavailable earlier. Cases, of course, have to be pled within recognized causes of action. Today, litigation is widely pursued throughout the judicial system with a significant number of state cases.
Second, certain long-standing problems, such as freeway siting disputes, are still with us, as are attempts to exclude minority developments from affluent communities.
Third, a wide variety of causes of action are now alleged. Significantly, as with other actions against local governmental bodies, 42 U.S.C. § 1983 has become a very popular cause of action. Indeed, much of the litigation involving local disputes has been filed in federal court utilizing federal causes of action. Title VI of the Civil Rights Act of 1964 is also very popular, as are various constitutional theories.
In presenting the cases this year I have listed cases not only by the nature of the factual dispute, but, also by specific causes of action. I accept at face value both the facts and causes of action pled. The goal is to simply present a ready reference of published litigation, and not act like an umpire in assessing the success of the claims. [tippy title=”9″ header=”off”]Cf. Calvert Cliffs’ Coordinating Comm., Inc. v. U.S. Atomic Energy Comm’n., 449 F.2d 1109, 1119 (D.C. Cir. 1971).[/tippy]
One final caveat is in order. While attempting to be inclusive, I recognize that some cases may have been overlooked. If so, they will be included in subsequent indices. [tippy title=”10″ header=”off”]All suggestions for inclusion in future indices will be greatly appreciated. We have included cases in this index which were omitted in the earlier index. See, e.g., Detroit Branch, NAACP v. City of Dearborn, 434 N.W.2d 444 (Mich. 1988), leave to appeal denied, 433 Mich. 906 (1989).[/tippy]
NATURE OF DISPUTE
DENIAL OF PERMITS
Fountain Church of God in Christ v. Charter Township of Scio, 40 F. Supp. 2d 899 (E.D. Mich. 1999) (churches);
Jackson v. City of Auburn, Ala., 41 F. Supp. 2d 1300 (M.D. Ala. 1999) (duplexes);
Woodwind Estates, Ltd. V. Gretkowski, 39 F. Supp. 2d 537 (M.D. Pa. 1999) (subdivisions).
DISCRIMINATORY ENFORCEMENT OF HEALTH AND SAFETY CODES
Barnes Found. v. Township of Lower Merion, 982 F. Supp. 970 (E.D. Pa. 1997);
Contreras v. City of Chicago, 920 F. Supp. 1370 (N.D. Ill. 1996); aff’d in part, 119 F.3d 1286 (7th Cir. 1997).
DISCRIMINATORY ENFORCEMENT OF ZONING LAWS
Riley v. Town of Bethlehem, 44 F. Supp. 2d 451 (N.D.N.Y. 1999).
DISPARATE PROVIDING OF PUBLIC SERVICES
Hawkins v. Town of Shaw, Miss., 437 F.2d 1286 (5th Cir. 1971);
Johnson v. City of Arcadia, Fla., 450 F. Supp. 1363 (M.D. Fla. 1978).
FAIR HOUSING ACT/COMMUNITY LENDING
Jones v. Office of the Comptroller of the Currency, 983 F. Supp. 197 (D.D.C. 1997).
HIGHWAYS
Bryant v.N. J. Dep’t of Transp., 1 F. Supp. 2d 426 (D.N.J. 1998);
Bryant v. N. J. Dep’t of Transp., 998 F. Supp. 438 (D.N.J. 1998);
Bryant v. N. J.Dep’t of Transp., 987 F. Supp. 343 (D.N.J. 1998);
Jersey Heights Neighborhood Ass’n v. Glendening, 2 F. Supp. 2d 772 (D. Md. 1998), aff’d in part, rev. in part, 174 F.3d 180 (4th Cir. 1999).
HIGHWAY SOUND BARRIERS
Tolbert v. Ohio Dep’t of Transp., 172 F.3d 934 (6th Cir. 1999).
INDUSTRIAL FACILITY
A to Z Paper Co., Inc. v. Carlo Ditta, Inc., 720 So. 2d 703 (La. Ct. App. 1998) (cement plant).
LOCAL OPPOSITION TO TOWNHOUSES/PUBLIC HOUSING
Township of South Fayette v. Allegheny County Hous. Auth., 27 F. Supp. 2d 582 (W.D. Pa. 1998).
LOW INCOME HOUSING
Tyler v. Cisneros, 136 F.3d 603 (9th Cir. 1998).
PUBLIC HOUSING
Glendale Neighborhood Ass’n v. Greensboro Hous. Auth., 956 F. Supp. 1270 (M.D.N.C. 1996);
Township of South Fayette v. Allegheny County Hous. Auth., 27 F. Supp. 2d 582 (W.D. Pa. 1998).
REFUSAL TO ANNEX PREDOMINATELY AFRO-AMERICAN HOUSING PROJECT
Burton v. City of Belle Glade, 966 F. Supp. 1178 (S.D. Fla. 1997);
West Dallas Coalition for Envtl. Justice v. United States, 29 Envt’l L. Rep. 20, 420, 1998 WL 892122 (N.D. Tex. 1998);
West Dallas Coalition for Envtl. Justice v. United States, 1999 WL 102810 (N.D. Tex. 1999).
RESIDENTIAL HOME FOR MENTALLY RETARDED
De Jesus-Keolamphu v. Village of Pelham Manor, 999 F. Supp. 556 (S.D.N.Y. 1998).
RESTRICTING USE OF CITY PARKS TO RESIDENTS
Detroit Branch, NAACP v. City of Dearborn, 434 N.W.2d 444 (Mich. 1988), leave to appeal denied, 447 N.W.2d 751 (Mich. 1989); 433 Mich. 906 (1989).
STATE ENVIRONMENTAL POLICY ACTS
Chinese Staff & Workers Ass’n v. City of New York, 502 N.E.2d 176 (N.Y. 1986) (Luxury condominium that would displace low-income residents).
STATE LAW SUITS
Alabama:
Horn v. City of Birmingham, 718 So. 2d 694 (Ala. 1998).
Louisiana:
A to Z Paper Comp., Inc. v. Carlo Ditta, Inc., 720 So. 2d 703 (La. Ct. App. 1998).
Texas:
Heat Energy Advanced Tech., Inc. v. West Dallas Coalition for Envtl. Justice, 962 S.W.2d 288 (Tex. Ct. App. 1998).
URBAN RENEWAL
Hispanics United of DuPage County v. Village of Addison, Ill., 988 F. Supp. 1130 (N.D. Ill. 1997) (judicially approved settlement).
WASTE FACILITIES
Chester Residents Concerned for Quality Living v. Seif, 132 F.3d 925 (3d Cir. 1997), cert. granted, 524 U.S. 915 (1998), 118 S. Ct. 2296, dismissed as moot, 524 U.S. 974 (1998), 119 S. Ct. 22 (permit revoked);
Heat Energy Advanced Tech., Inc. v. West Dallas Coalition for Envtl. Justice, 962 S.W.2d 288 (Tex. Ct. App. 1998);
Horn v. City of Birmingham, 718 So. 2d 694 (Ala. 1998) (settlement/attorney fees);
South Bronx Coalition for Clean Air, Inc. v. Conroy, 20 F. Supp. 2d 565 (S.D.N.Y. 1998).
CAUSES OF ACTION/CLAIMS PLED
FIRST AMENDMENT
Barnes Foundation v. Township of Lower Merion
Burton v. City of Belle Glade
Contreras v. City of Chicago
FOURTH AMENDMENT
Contreras v. City of Chicago
FIFTH AMENDMENT
Hill v. City of Houston
West Dallas Coalition for Environmental Justice v. United States
EIGHTH AMENDMENT
Hill v. City of Houston
THIRTEENTH AMENDMENT
Burton v. City of Belle Glade
FOURTEENTH AMENDMENT – Due Process Clause
Barnes Foundation v. Township of Lower Merion
Contreras v. City of Chicago
Hill v. City of Houston
Riley v. Town of Bethlehem
Tyler v. Cisneros
FOURTEENTH AMENDMENT – Equal Protection Clause
Barnes Foundation v. Township of Lower Merion
Burton v. City of Belle Glade
Contreras v. City of Chicago
Hill v. City of Houston
Jackson v. City of Auburn, Alabama
Jersey Heights Neighborhood Association v. Glendening
Riley v. Town of Bethlehem
FIFTEENTH AMENDMENT
Burton v. City of Belle Glade
COMMERCE CLAUSE
Riley v. Town of Bethlehem
42 U.S.C. § 1981
De Jesus-Keolampho v. Village of Pelham Manor
Foundation Church of God in Christ v. Charter Township of Scio
Riley v. Town of Bethlehem
Tolbert v. State of Ohio Department of Transportation
Woodwind Estates, Ltd. v. Gretkowski
42 U.S.C. § 1982
Foundation Church of God in Christ v. Charter Township of Scio
Riley v. Town of Bethlehem
Tolbert v. State of Ohio Department of Transportation
West Dallas Coalition for Environmental Justice v. United States
42 U.S.C. § 1983
Barnes Foundation v. Township of Lower Merion
Burton v. City of Belle Glade
Contreras v. City of Chicago
De Jesus-Keolamphu v. Village of Pelham Manor
Foundation Church of God in Christ v. Charter Township of Scio
Hill v. City of Houston
Jackson v. City of Auburn, Alabama
Jersey Heights Neighborhood Association v. Glendening
Riley v. Town of Bethlehem
Tolbert v. Ohio Department of Transportation
Tyler v. Cisneros
Woodwind Estate, Ltd. v. Gretkowski
42 U.S.C. § 1985
De Jesus-Keolamphu v. Village of Pelham Manor
Hill v. City of Houston
Riley v. Town of Bethlehem
42 U.S.C. § 1986
Hill v. City of Houston
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Bryant v. New Jersey Department of Transportation
Burton v. City of Belle Glade
Chester Residents Concerned for Quality Living v. Seif
De Jesus-Keolamphu v. Village of Pelham Manor
Hispanics United of DuPage County v. Village of Addison, Illinois
Jersey Heights Neighborhood Association v. Glendening
South Bronx Coalition for Clean Air, Inc. v. Conroy
FAIR HOUSING ACT
De Jesus-Keolamphu v. Village of Pelham Manor
Glendale Neighborhood Association v. Greensboro Housing Authority
Hispanics United of Du Page County v. Village of Addison, Illinois
Jackson v. City of Auburn, Alabama
Jersey Heights Neighborhood Association v. Glendening
Jones v. Office of Comptroller of the Currency
ADMINISTRATIVE PROCEDURE ACT
Glendale Neighborhood Association v. Greensboro Housing Authority
Jones v. Office of the Comptroller of the Currency
Tyler v. Cisneros
West Dallas Coalition for Environmental Justice v. United States
FEDERAL AID TO HIGHWAY ACT
Jersey Heights Neighborhood Association v. Glendening
NATIONAL HISTORIC PRESERVATION ACT
Tyler v. Cisneros
RESOURCE CONSERVATION AND RECOVERY ACT
West Dallas Coalition for Environmental Justice v. United States
NEPA
Jersey Heights Neighborhood Association v. Glendening
South Bronx Coalition for Clean Air, Inc. v. Conroy
Tyler v. Cisneros
VOTING RIGHTS ACT
Burton v. City of Belle Glade
STATE CLAIMS
Bryant v. New Jersey Department of Transportation (New Jersey)
De Jesus-Keolamph v. Village of Pelham Manor (New York)
Foundation Church of God in Christ v. Charter Township of Scio (Michigan)
Hill v. City of Houston (Texas)
Jersey Heights Neighborhood Association v. Glendening (Maryland)
Riley v. Town of Bethlehem (New York)
South Bronx Coalition for Clean Air, Inc. v. Conroy (New York)
Woodwind Estates, Ltd. V. Gretkowski (Pennsylvania)