Equal Protection, Strict Scrutiny, and Actions to Promote Environmental Justice

摘要

In sum, two sets of constitutional constraints preclude application of strict judicial scrutiny to governmental actions to implement environmental justice. The source of the first set of constraints is the limits the U.S. Constitution places on judicial power. Separation-of-powers principles preclude courts from the type of intrusive judicial review necessary to apply strict scrutiny to exercises of the core executive branch function of executing laws to protect the environment.