In this article, the author explores legal strategies available to New York plaintiffs seeking to raise an environmental racism claim. In Part I, the article provides a brief overview of the problem of environmental racism. Part II highlights the interplay between state and federal law, explaining the superiority of state laws in developing strategies for novel legal claims. This is surprising because no plaintiff has filed such a claim under state law in New York. The author concludes with the substantive areas of New York state law-both statutory and constitutional- available to plaintiffs making an environmental racism claim and also analyzes the federal law analogues.
A NEW SWORD TO SLAY THE DRAGON: USING NEW YORK LAW TO COMBAT ENVIRONMENTAL RACISM,
23 Fordham Urb. L.J. 1283
Available at: http://ir.lawnet.fordham.edu/ulj/vol23/iss4/15