Disparate Impact Lawsuits Under Title VI, Section 602: Can a Legal Tool Build Environmental Justice

Abstract

Over the past decade, environmental Justice commentators and advocates increasingly have focused on the role that Title V7 of the Civil Rights Act of 1964 could play in remedying environmental problems in communities of color. Specifically, this attention recently has targeted the application of civil rights law to the processes employed by government actors in issuing industrial use facility siting permits and the disparate impacts that these practices have on minorities. Ironically, there is no controlling authority regarding whether such suits legitimately may be brought, or what their requirements and parameters might be. This article explores the development of such suits and probes their potential contours, ultimately suggesting how courts might address such issues as standing, burdens of proof, the elements of the prima facie case, and remedies.