The Hill Op-Ed: As Hurricanes Expose Inequalities, Civil Courts May Be 'Great Equalizer'

by Martha T. McCluskey | October 18, 2018

This op-ed originally ran in The Hill. 

While hurricanes like Florence are technically “natural” disasters, the Carolinas are experiencing the ways that the distinctly human-made problems of social and economic inequality reinforce and aggravate storm damage. Exhibit A is the catastrophic breaches and spills from the enormous manure “lagoons” located on North Carolina’s many factory-scale hog farms.

In the industry, these farms are known as Concentrated Animal Feeding Operations, or CAFOs, but nobody with a nose passing within a few miles of one would say that food is the thing in large concentrations. Torrential rainfall and floodwaters from Florence caused dozens of lagoons to overflow, releasing a toxic stew of contaminants harmful to human and ecological health, including E. coli and other bacteria.

The residents of the surrounding communities put most directly at risk are disproportionately poor or people of color. These communities have long suffered from neighboring CAFOs’ woefully antiquated ...

New Report: A Fair Economy Requires Access to the Courts

by James Goodwin | September 26, 2018
The confirmation hearing for Brett Kavanaugh offered Americans a contemporary reminder of what the Framers of the Constitution had in mind when it comes to protecting many of our fundamental rights and liberties. When it came to individual access to civil courts, a right guaranteed in the Seventh Amendment, they couldn't have been clearer. No less than James Madison put the value of that guarantee in stark terms: "Trial by jury [in civil cases]," he said, "is as essential to ...

Trump's Legal Challenges to the California Car Deal

Farber | Sep 09, 2019 | Environmental Policy

Cost-Benefit Analysis and the Next President

Farber | Sep 06, 2019 | Regulatory Policy

Clearing the Air

Farber | Aug 26, 2019 | Environmental Policy

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