A federal judge in Louisiana has dealt a significant blow to environmental justice efforts by blocking the Environmental Protection Agency (EPA) from investigating whether race should be considered in enforcing environmental laws and issuing pollution permits. The ruling, made by Trump-appointed Judge James Cain, effectively bars the EPA from using Title VI of the Civil Rights Act in environmental justice cases.
The decision stems from a lawsuit filed by former Louisiana Attorney General Jeff Landry against the EPA. Landry argued that Title VI should only apply if there is clear proof of overt racial discrimination. This ruling particularly impacts residents of St. John the Baptist parish in Louisiana’s “Cancer Alley,” where environmental groups had sought an EPA investigation into whether petrochemical corporations deliberately located industrial facilities in predominantly Black communities.
The EPA had previously been negotiating with Louisiana to potentially overhaul the pollution permitting process, considering the cumulative effect of industry on an area. However, following Landry’s lawsuit, the EPA dropped its investigation in Louisiana and similar Title VI investigations in other Republican-controlled states.
While the ruling currently only applies to Louisiana, there are concerns that other states may seek similar protections from EPA investigations.
Environmental justice advocates worry this could lead to a broader dismantling of Title VI protections nationwide. Patrice Simms of Earthjustice criticized the ruling, stating that it gives Louisiana “a permanent free pass to abandon its responsibilities” to protect Black and brown communities from industrial pollution.
This decision is likely to have far-reaching consequences for environmental justice efforts and could exacerbate existing health disparities in communities disproportionately affected by industrial pollution.
See “A Trump Judge Says the EPA Can’t Use Race in “Cancer Alley” Probe” (September 4, 2024)
