DISPARATE IMPACT REGULATIONS AND SECTION 1983 IN THE COURTS

Author: 

Professor Michael Churchill

Who will protect minority residents suffering from disparate legal and environmental treatment? Minority citizens have historically been able to enforce their constitutional rights against discriminatory industrial placement through a private right of action under 42 U.S.C. §2000d-1. The Supreme Court decision in Alexander v. Sandoval, 532 U.S. 275 (2001), however, eliminated that private right of action as the Court determined that Congress never intended to create a privately enforceable remedy. Minority residents are now stuck with a class of regulation that is “authorized but not enforceable,” and is relatively incapable of enforcing their constitutional rights. View More