The recent decision in Alexander v. Sandoval has seriously limited the available opportunities for minorities to argue their claims for environmental justice. Prior to Sandoval, plaintiffs alleging disparate impact as a result of the policies implemented by a federally funded agency met with moderate success under Title VI section 602. After Sandoval, however, the chances of success in private litigations for the aggrieved communities look decidedly bleak. Although the Court in Sandoval admitted a private right of action under Title VI section 601, it interpreted section 601 to depend upon a showing of intentional discrimination.
"Whose Environmental Justice? Social Identity and Institutional Rationality." Journal of Environmental Law and Litigation, 2004.