EPA investigations into violations of the Civil Rights Act in Louisiana’s “Cancer Alley” were ruled as “federal overreach.”
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."
FULL STORY: 'Major Blow': Trump-Appointed Judge Bars EPA From Enforcing Civil Rights Protections
Where 2024 Presidential Candidates Stand on 12 Issues Important to Urban Planners
Whether you’re yet undecided or have already cast your early vote, here is a roundup of the key positions of Vice President Kamala Harris and former President Donald Trump on important urban planning policies.
Commentary: New Bill Holds Key to Solving US Housing Crisis. We Just Have to Pass It.
Two bills currently moving through Congress could make mass production of prefabricated, affordable housing possible on a large scale.
Amtrak Expanding Service in California’s Central Valley
Amtrak is planning a major expansion to the passenger rail lines connecting the Central Valley and the Bay Area.
Denver Slaughterhouse Measure Reveals Impacts of Meat Industry
Voters did not approve a measure that would have closed a slaughterhouse that is key to the nation’s lamb production.
Chicago Transit Increasing Rail Service to Pre-Pandemic Levels
The Chicago Transit Authority is close to returning both rail and bus service to pre-pandemic schedules, with some adjustments for new travel demand.
Baltimore Traffic Suffering From Absence of Key Bridge
The loss of a key route to the Port of Baltimore is causing major delays and long detours on alternate routes.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
University of Southern California
City of Meridian
University of Calgary
HUDs Office of Policy Development and Research
HUDs Office of Policy Development and Research
HUDs Office of Policy Development and Research
Detroit Regional Partnership
San Joaquin LAFCo
City of South Portland