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Civil Action No. 88-1275
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
1990 U.S. Dist. LEXIS 10895
August 9, 1990, Decided
August 14, 1990, Filed
COUNSEL: [*1]
Deborah Harris, Esq., Irv Acklesberg, Esq., COMMUNITY LEGAL SERVICES, INC., Philadelphia, Pennsylvania.
ALL DEFTS EXCEPT ROBERT J. THOMPSON, David P. Bruton, Esq., Michael Kubacki, Esq., DRINKER BIDDLE & REATH, Philadelphia, Pennsylvania.
JUDGES: Daniel H. Huyett, 3rd, United States District Judge.
OPINION BY: HUYETT
OPINION: MEMORANDUM AND ORDER
In this civil action, plaintiffs n1 allege that the means utilized by defendants n2 to allocate federal subsidies received pursuant to the Urban Mass Transportation Act, 49 U.S.C. §§ 1601-13, has a discriminatory impact upon the black community of Philadelphia in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. SEPTA has filed a motion for summary judgment, and oral argument was held on October 3, 1989. At the time of oral argument, it appeared that the parties wished to discuss an amicable resolution of this dispute. Therefore, I stayed disposition of SEPTA's motion for summary judgment pending the outcome of settlement negotiations. After several months, the parties advised that negotiations had proved unfruitful and sought disposition of the instant motion. For the reasons stated below, I will now grant SEPTA's motion for summary judgment. [*2]
No. 90-1656
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
935 F.2d 1280; 1991 U.S. App. LEXIS 12485
February 1, 1991, Argued
May 29, 1991, Filed
NOTICE:
[*1]
RULES OF THE THIRD CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA; (D.C. Civil No. 88-01275); District Judge: Hon. Daniel H. Huyett, 3rd.
JUDGES: Sloviter, Chief Judge, Nygaard, Circuit Judge, and Barry, District Judge. *
* Honorable Maryanne Trump Barry, United States District Judge for the District of New Jersey, sitting by designation.
OPINION: Affirmed
Elizabeth Deakin - University of California, Berkeley
STELLA -Athens
June 2004
FOR DISCUSSION AT THE CONFERENCE
Abstract - In this paper I present a theoretical and legal framework for consideration of equity and environmental justice (EJ) and identify key issues in EJ as they are raised by low income and minority groups in the United States. I begin with a review of alternate theories of justice as well as the main theoretical arguments made in favor of public participation in government decision-making - both basic elements of the equity and environmental justice debate. I then review the development of EJ as a political movement in the United States, with roots in civil rights law, protests against hazardous waste sites and urban freeways, and advocacy planning. I discuss the current status of EJ as a legal and regulatory mandate and identify its implications for planning approaches, public participation practices, and analysis and evaluation methods. Drawing upon my work in the San Francisco Bay Area, I show that the agendas of low income and minority communities are substantially different from those of the overall population, and these differences raise important questions about the responsiveness of transportation programs and decision processes to EJ communities. I then identify a preliminary list of research needs, including research into procedures, methods, and outcomes. As planning practices in Europe expand opportunities for public participation in transportation decisions and the diversity of European populations increases, many of the issues illustrated by the US experience are likely to be seen in Europe as well. Similar issues also may arise in the countries of the South and East as planning agencies seek to accommodate differences of opinion and preference.