Environmental justice and equal protection: intent, motivation and cognition in decision-making

Davies, Haydn (2013) Environmental justice and equal protection: intent, motivation and cognition in decision-making. Journal of Human Rights and the Environment, 4 (2). pp. 191-214. ISSN 17597188

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Abstract

This article discusses the relationship between equal protection jurisprudence and environmental justice in the United States, particularly in relation to environmental decision-making on the siting of frequently unwelcome environmental amenities such as hazardous waste disposal sites. The article explores the current mismatch between equal protection jurisprudence and recent discoveries in the behavioural sciences about the nature of human decision-making and the origins of racial and economic bias. It discusses the extent to which these discoveries should and could be incorporated into decision-making related to environmental burdens and the changes that will be necessary to make United States jurisprudence in this area compliant with international norms on human rights as far as discrimination and environmental protection are concerned.

Item Type: Article
Additional Information: Submitted to REF 2014, UoA 20, Haydn Davies
Uncontrolled Keywords: Environmental justice, protection, jurisprudence, United States, waste disposal, human rights
Subjects: M200 Law by Topic
M900 Other in Law
Divisions: Faculty of Business, Law and Social Sciences > School of Law
UoA Collections > UoA20: Law
Depositing User: Miss Jessica Baylis
Date Deposited: 07 Feb 2017 15:22
Last Modified: 07 Feb 2017 15:22
URI: http://www.open-access.bcu.ac.uk/id/eprint/291

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