Judge bars EPA from enforcing Civil Rights Act provision in Louisiana’s ‘Cancer Alley’

Judge blocks EPA and DOJ from enforcing civil rights provision

Judge James D. Cain, a Trump appointee, has issued a ruling that prevents the EPA and DOJ from enforcing Title VI of the Civil Rights Act's disparate-impact requirements against Louisiana agencies. This ruling comes as a blow to residents living in the area known as 'Cancer Alley,' who had filed a complaint under Title VI in 2022.

Last year, the state attorney general, Jeff Landry, sued the EPA to block a civil rights investigation into potential disparate impacts in the largely Black area of the state. The EPA closed three civil rights complaints shortly after, but Judge Cain's ruling goes further and blocks the agencies from imposing any disparate impact requirements on Louisiana or any state agency under Title VI.

In his ruling, Judge Cain emphasized that 'pollution does not discriminate' and argued that considering race in enforcement decisions is a form of racism. While the ruling is seen as a setback for environmental justice advocates, it is also a victory for those who argue that regulations constitute federal overreach.

Report highlights environmental inequity in communities of color

A report released on the same day as Judge Cain's ruling sheds light on the environmental injustices faced by communities of color. The report by the National Minority Quality Forum reveals that 56 percent of communities of color are located within 3 kilometers of a site producing carcinogenic waste.

One example is the town of Reserve in St. John the Baptist Parish, where cancer risks are about 50 times the national average. The report underscores the need for tools like Title VI to address and prevent environmental injustice in these communities.

Environmental advocacy group Earthjustice, which filed the original Title VI complaint on behalf of St. John the Baptist Parish residents, criticized the ruling, stating that it allows for the perpetuation of environmental injustice and hinders efforts to address the public health crisis in affected communities.

Implications for environmental justice and civil rights enforcement

Judge Cain's injunction not only impacts the ongoing civil rights investigation in Louisiana but also raises broader questions about environmental justice and civil rights enforcement. The ruling has been met with mixed reactions, with some viewing it as a necessary check on federal overreach, while others see it as a setback for the fight against environmental discrimination.

It remains to be seen how this ruling will affect future civil rights investigations and the ability of the EPA to use Title VI to address environmental injustices. It may also spur further discussions and debates on the role of race and discrimination in environmental decision-making and enforcement.