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Non-criminal enforcement and environmental inequality in the United States

In: Handbook on Inequality and the Environment

Author

Listed:
  • Tara O’Connor Shelley
  • Anne E. Egelston

Abstract

This chapter reviews the nascent scholarly literature to determine if environmental enforcement of non-criminal violations is associated with and/or contributes to environmental inequalities of vulnerable groups within society as identified by race, ethnicity, income, poverty, or socio-economic status. Access to decision-making and/or having meaningful influence is not distributed equally among groups in environmental governance, which is also a source of inequality. This review of existing research incorporates legal mechanisms exercised by state actors that include inspections, enforcement actions, and civil lawsuits involving the: Clean Air Act (CAA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), and Resource Conservation and Recovery Act (RCRA). To date, this literature does not provide consistent answers concerning the relationship between enforcement of non-criminal violations and environmental inequality. Methodological differences, variability in how researchers operationalize inequality and enforcement, and the environmental law of focus resulted in a patchwork of findings and occasionally contradictory results.

Suggested Citation

  • Tara O’Connor Shelley & Anne E. Egelston, 2023. "Non-criminal enforcement and environmental inequality in the United States," Chapters, in: Michael A. Long & Michael J. Lynch & Paul B. Stretesky (ed.), Handbook on Inequality and the Environment, chapter 22, pages 383-404, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:20464_22
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