Judge Halts EPA Action in ‘Cancer Alley’ Civil Rights Case

EPA investigations into violations of the Civil Rights Act in Louisiana’s “Cancer Alley” were ruled as “federal overreach.”

2 minute read

January 26, 2024, 7:00 AM PST

By Mary Hammon @marykhammon


Smoke coming out of stack at petrochemical plant in Louisiana.

Oleksii Fadieiev / Adobe Stock

A federal judge in Louisiana temporarily blocked federal investigations by the EPA and Department of Justice into whether the state’s Department of Environmental Quality (LDEQ) violated the disparate impact requirements of Title IV of the Civil Rights Act when it issued permits for petrochemical plants near Black communities in St. John the Baptist and St. James parishes. The area is located in what is known as “Cancer Alley,” a region with one of the highest cancer risks in the nation.

“Title VI prohibits recipients of federal funds from discriminating against state residents based on race and national origin, and allows residents to petition the EPA arguing that state agencies have intentionally discriminated or disparately impacted a particular community,” reports Julia Conley of Common Dreams.

Louisiana Governor Jeff Landry, state attorney at the time, filed a lawsuit against the EPA last June, arguing the investigation exceeded statutory authority. In his ruling, Judge James D. Cain, U.S. District Court for the Western District of Louisiana, said Title VI requirements constitute “federal overreach” and “pollution does not discriminate.”

The decision is a further blow to advocates and local residents. A few weeks after the lawsuit was filed last summer, the EPA announced it was ending a separate investigation, stating they didn’t find evidence to support claims that the LDEQ intentionally placed disproportionate pollution burdens on Black residents in Cancer Alley.

According to BloombergLaw, allowing disparate impacts in a case—defined as adverse impacts on a protected group resulting from systems, practices, policies, or rules that appear to be neutral—can be easier to prove than intentional discrimination in some environmental justice cases.

"Instead of fixing the discriminatory permitting programs that have created sacrifice zones like Cancer Alley, Louisiana is fighting tooth and nail to keep them in place," Sam Sankar, senior vice president of programs for Earthjustice, said in a statement. "The public health crisis in St. John the Baptist Parish shows us why we need Title VI: EPA needs to be able to use our civil rights laws to stop states from running permitting programs that perpetuate environmental injustice."

Wednesday, January 24, 2024 in Common Dreams

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

People walking in downtown St. Louis, walking past shops.

Move over, LA: St. Louis gears up for Olympics, invests millions in downtown redevelopment

The Missouri city will host the 2028 Olympic soccer group stage and knockout matches.

9 seconds ago - Smart Cities Dive

A swamp in South Carolina with tall pale trees and Spanish moss in the water.

Satanic place names

From streams and lakes to valleys and canyons, I mapped more than 1,000 places named after the Devil.

October 31 - The Daily Yonder

A rendering of a high speed rain station in California, with wide platforms and a sleep train with yellow highlights.

California High-Speed Rail Authority CEO resigns after $600,000 scandal

Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.

October 30 - Cal Matters