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Why environmental injustice?

Environmental racism is racial discrimination in environmental policy making, the enforcement of

regulations and laws, the deliberate targeting of communities of color for toxic waste facilities, the official

sanctioning of the life-threatening presence of poisons and pollutants in our communities, and the history of

excluding people of color from leadership of the ecology movement.

(Mohai et al., 2009)

Citations:

Johnson, Glenn. "Robert Bullard 1946 --." Environmental Justice Resource Center. N.p., n.d. Web. 27 Feb. 2014.

Bean v. Southwestern Waste Management Corp. United States District Court. 1979. University of San Diego, n.d. Web. 27 Feb. 2014.

"42 U.S. Code § 1983 - Civil Action for Deprivation of Rights." LII / Legal Information Institute. N.p., n.d. Web. 04 Mar. 2014.

"42 U.S.C. 1983 Overview." 42 U.S.C. 1983 Overview. N.p., n.d. Web. 04 Mar. 2014.

What is the racial makeup of the TDH--do minorities have representation? (Procedural inequity)

Are toxic sites in white areas located so close to schools and neighborhoods?

Presiding Judge:

Issuing of TDH Permit;

"Insensitive and Illogical."

Are the damages to the plaintiffs greater than those to the defendants?

Is this in the public interest?

Bean v. Southwestern Waste Management, Inc.

Jeremy Phillips

Nicholas Schmit

Chance Plunk

Nathan Dufresne

Statistical Evidence: All city garbage dumps, majority of incinerators and landfills located in minority neighborhoods

(Glenn, 2014).

Substantial irreparable injury:

Damage to homes and schools.

Plaintiffs: Arguments for revocation of TDH permit and for environmental injustice.

Lawsuit Brought by Margaret Bean and other East Houston residents against Southwestern Waste Management, seeking a revocation of the Texas Department of Health (TDH) permit.

42 U.S. Code § 1983-Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

14th Amendment to the constitution: States must provide equal protection under the law to all people within its jurisdiction.

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