Toxic Torts, Public Interest Law, and Environmental Justice: Evidence from Louisiana*

Abstract

Poor and minority communities facing environmental hazards have increasingly turned to legal strategies to seek redress but a divide has emerged in these cases and their outcomes. Some aggrieved communities turn to private injury lawyers, while others secure representation by public interest groups, such as Earthjustice, the Southern Environmental Law Center, or university law clinics. Is justice being equally served in these cases? We analyze the impact of toxic tort versus legal aid approaches in determining the outcome of environmental justice struggles using four landmark cases from Louisiana in the context of other factors that appeared important in determining how these cases resolved.

Dealing in Toxins on the Wrong Side of the Tracks: Lessons from a Hazardous Waste Controversy in Phoenix*

“…New types of waste, including waste paint, corrosives, and aerosol cans, could now be processed onsite 5 This lawsuit was invalidated by the U.S. Supreme Court decision in Alexander v. Sandoval (2001). Sandoval set a precedent that private citizens did not have standing to sue the government; thus, it is now more difficult to claim violation of civil rights under Title VI due to disparate impact (see Toffolon-Weiss and Roberts, 2004). (ADEQ, 2001).…”

Toxic torts: arsenic poisoning in Bangladesh and the legal geographies of responsibility

“…New social movements and environmental lobby groups have achieved much in the last 20 years by protests that have been focused, targeted and coordinated. Toffolon‐Weiss and Roberts (2004) discuss legal strategizing with regard to environmental litigation. Suing for damage from a toxic tort is not, in their experience, sufficient.…”

People, Bodies and Biospheres: Nexus and the Toxic Tort*

“…Melissa Toffolon‐Weiss and J. Timmons Roberts (2004) shift discussion from the strictly legal‐political arena to the real politic of waging toxic torts. In “Toxic Torts, Public Interest Law, and Environmental Justice: Evidence from Louisiana,” they compare four bellwether cases from Louisiana to examine the relative effects of toxic tort litigation versus filing an administrative complaint with a federal agency.…”