A U.S. District Court in Louisiana has blocked the federal government from using civil rights law to prevent the state from granting permits to polluting industries in low-income and minority communities.
What's happening?
The New York Times reported on the news, explaining that the case stemmed from a 2022 Environmental Protection Agency investigation as to whether Louisiana had violated civil rights laws by allowing various polluting industries to operate around St. John the Baptist Parish, a predominantly Black community that also suffers disproportionate rates of many health issues, including cancer and respiratory problems.
According to the news outlet, Title VI of the 1964 Civil Rights Act authorizes the EPA to investigate state programs that receive federal money and whether they discriminate based on factors like race, color, or national origin. However, the ruling by the U.S. District Court for the Western District of Louisiana bars the agency from considering "cumulative or disparate" environmental harms, per the Times. This means the federal government may only use the civil rights law to take action against specific agency decisions that are intentionally discriminatory.
Why is the ruling important?
"Residents were already struggling because of the disproportionate exposure to environmental harms in Louisiana," Debbie Chizewer, an attorney at Earthjustice, told the Times. "This leaves them unprotected."
According to the NAACP Legal Defense Fund, residents of St. John the Baptist Parish suffer the "highest theoretical cancer risk in the nation." For instance, the nearby Denka Performance Elastomer LLC facility emits carcinogens like chloroprene, which is linked with lung and liver cancer. St. John also experiences high rates of asthma compared to other parishes in the state.
What's being done about air pollution?
The EPA issued a statement where it vowed to remain committed to enforcing civil rights law consistent with the court's order, the Times reported.
Meanwhile, local residents are fighting back. For instance, two sisters in St. John won a court hearing in 2023 that ruled a 33-year-old industrial zoning ordinance to be null and void, stopping the construction of a grain export facility.
In addition to chemicals like chloroprene, planet-warming fuel sources like coal, oil, and natural gas also contribute to dangerous air pollution across the globe. To that end, many cities and countries are looking to slash emissions by adopting more renewable energy.
For instance, Wales is banning most new roadway projects to cut down on traffic pollution, while Tokyo is requiring most new buildings to have solar panels. You can help by enrolling for community solar or taking public transit when possible.
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