id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
ihlr-25046	Carpenter, Taylor	The Death Sentence That Is America's Toxic Prisons	2021	28	.pdf	application/pdf	12001	707	61	THE UNCONSTITUTIONALITY OF TOXIC PRISONS Forcing inmates to live on toxic land is unconstitutional not only an environmental justice concern since it disproportionately affects minorities and low-income individuals, but it is also unconstitutional.127 These exposures are unconstitutional in two ways—first as a substantive due process violation under the fourteenth amendment, and second as a form of cruel and unusual punishment under the eighth amendment.128 It is a substantive due process violation because by building prisons on or near toxic land sites the government created a danger 122. [Vol. 17:229 disparity illustrates why inmates need to be included in the environmental justice movement—it’s supposed to protect these vulnerable groups of people.9 So far, the discussions examining inmate health through an environmental justice lens has largely focused on the building sites for new prisons.10 However, the recent addition of the prison layer to the Environmental Protection Agency’s (hereinafter “EPA”) “Environmental Justice and Screening Tool” is an example of the positive progress in this area.11 According to the EPA, the tool uses national data and amalgamates environmental and demographic indicators into maps and reports.12	cache/ihlr-25046.pdf	txt/ihlr-25046.txt