The EPA cannot use the Civil Rights Act to fight industrial pollution in Louisiana

A federal judge has weakened the Biden administration’s effort to use a historic civil rights law to combat industrial pollution that allegedly affected minority communities in Louisiana.

U.S. District Judge James David Cain of Lake Charles issued the ruling Thursday, permanently blocking the Environmental Protection Agency from imposing what are known as “disparate impact” requirements on the state.

Cain already issued a temporary restraining order in January. His ruling was a victory for Louisiana officials who challenged the EPA policy, which was based on possible violations of Title VI of the federal Civil Rights Act of 1964. The act prohibits anyone receiving federal funds from discriminating on the basis of race or national origin. It has been used in housing and transportation, but rarely in environmental issues. However, the EPA under President Joe Biden has tried to use it more aggressively.

The state sued in May 2023, a move that may have played a role in the EPA dropping an investigation into whether Louisiana officials exposed black residents living in an industrial area of ​​the state with an increased risk of cancer. The area, often called “cancer alley” because of the amount of suspected cancer-causing pollution emitted there, stretches along the Mississippi River from Baton Rouge to New Orleans.

In its lawsuit, the state argued that the Biden administration’s plans exceeded the scope of Title VI. The state said the EPA wrongly targeted pollution policies that unintentionally hurt minority communities, when the law only applies to intentional discrimination. The state also said the policy is discriminatory because it would allow polluters to be regulated based on the race of those affected. Cain agreed that the EPA went too far.

While Cain’s ruling was a victory for Republican state officials — Gov. Jeff Landry, who was attorney general when the suit was filed, and his successor in that office, Elizabeth Murrill — environmental groups condemned it.

“Louisiana has given industrial polluters a license to poison black and brown communities for generations, only to now have a court give them permanent permission to walk away from their responsibilities,” Earthjustice’s Patrice Simms said in a statement. presser.

The ruling applies only in Louisiana and can be appealed to the 5th US Circuit Court of Appeals in New Orleans.

Copyright 2024 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

TOPICS
Louisiana Pollution Legislation