5 Legal Challenges Facing Environmental Justice Initiatives Today

Few things are as important as environmental justice. It’s vital to the health of not only the people but the world we live in.

But there are some legal challenges that could get in the way of true environmental justice initiatives that could make the world a better place for everyone.

Proving the Discrimination

Environmental justice usually touches upon certain allegations of issues like discrimination, although demonstrating that harm often impacts more marginalized communities.

The truth is that many legal systems in America require some form of evidence that shows deliberate discrimination that needs to be addressed. But this creates a very specific and unique challenge, because environmental rules, regulations, and policies usually lead to unintended or indirect consequences, making it hard to succeed in such situations.

In some situations, such as AFFF legal cases, it can be a lot harder to show wrongdoing. But proving discrimination can be exceedingly difficult, especially because it has to live up to a certain legal standard in order to make an impact on the court.

Federal Regulations

Some environmental justice efforts are often in direct conflict with already established federal regulations and laws.

Some local or state laws related to the environment can be overridden by federal regulations, which are often considered the ultimate law of the land. And this prevents communities from creating and then enforcing harder environmental protections.

It doesn’t always happen this way but it can result in a clash between local laws for environmental justice and federal environmental regulations that are ideally attempting to address the same thing.

Pushback

Although you would think all environmental initiatives are appropriate and welcomed by all people across the board, there are many times when there is serious pushback by particular parties that have a lot of power.

For example, big industries such as oil, gas, and manufacturing often oppose certain environmental justice efforts because they claim that stricter rules could lead to tough rules, changes in business, unemployment, or other kinds of economic problems.

Because of this opposition, these companies use their substantial financial resources to prevent them and are able to support lengthy, draining, exhausting legal fights, which results in a major disadvantage for some marginalized groups that are seeking to have equal rights, take care of themselves, and help the environment.

Lengthy Delays

A lot of environmental justice cases are taken care of by governmental organizations, such as the EPA and more.

More times than not, these kinds of organizations spend a lengthy amount of time making a decision and then taking action. What does this result in? It causes certain communities to have to put up with serious suffering while legal problems over permits, rules, or more continue for extended periods, sometimes even years.

Anyone hoping for a quick turnaround on decisions related to environmental initiatives shouldn’t hold their breath because this is a process that doesn’t happen quickly and the wait can often be quite painful, literally.

Zoning And Land Law

Local zoning and land use rules and regulations might also lead to a level of environmental injustice because they permit the placement of hazardous companies in or around communities of color or low-income areas. These laws often don’t pay attention to where they are placing these dangers or, worse yet, they don’t seem to care.

These zoning choices are usually quite difficult to undo because of legal problems and they require significant legal action and political courage to change.

Sadly, as we all know, that sort of courage can be hard to come by, which means the unjust zoning and land laws aren’t likely to change that often unless someone in office gets brave and does the right things.

Conclusion

Environmental justice initiatives are vital if we want to live in a green, healthy, and happy world. But just because they are the right thing to do doesn’t mean they always happen without a hitch. The sad truth is that there are many challenges that get in the way.

They are not impossible to overcome or avoid but they do make the entire road to environmental justice much rockier and harder to get through. Still, they should be fought for no matter how difficult the process is.