How can we help a foreign country to escape from overpopulation? Clearly the worst thing we can do is send food . . . . Atomic bombs would be kinder. For a few moments the misery would be acute but it would soon come to an end for most of the people, leaving a few survivors to suffer thereafter.
Garrett Hardin, The Limits of Altruism: An Ecologists View of Survival (1977).
Environmental racism is racial discrimination in environmental policymaking . . . in the enforcement of regulations and laws . . . in the deliberate targeting of communities of color for toxic waste facilities . . . in the official sanctioning of the life-threatening presence of poisons and pollutants in communities of color . . . [and] in the history excluding people of color from the mainstream environmental groups, decision-making boards, commissions, and regulatory bodies.
A recipient shall not use criteria or methods of administering its program which have the effect of subjecting individuals to discrimination because of their race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, national origin, or sex . . . . A recipient shall not choose a site or location of a facility that has the purpose or effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program to which this part applies on the grounds of race, color, or national origin or sex; or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of this subpart.
40 C.F.R. §§ 7.35(b) & (c) (2001). These regulations have become especially important in the environmental regulatory context because many state and local environmental programs receive financial assistance from EPA and thus are subject to the discriminatory impact standard. See Steven Light & Kathryn Rand, Is Title VI a Magic Bullet?: Environmental Racism in the Context of Political-Economic Processes and Imperatives, 2 Mich. J. Race & L. 1, 26 (1996).