Judge rules EPA cannot use civil rights law to address environmental injustice in Louisiana

NEW ORLEANS (AP) — A federal judge has weakened the Biden administration's efforts to use a historic civil rights law to combat industrial pollution that allegedly places greater strains on minority communities in Louisiana.

U.S. District Judge James David Cain of Lake Charles announced the ruling on Thursday, permanently prohibiting the U.S. Environmental Protection Agency from imposing so-called “disparate impact” requirements on the state.

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

The state filed suit in May 2023, a move that may have played a role in the EPA Termination of investigation whether Louisiana authorities are exposing black residents living in an industrial area of ​​the state to an increased risk of cancer. The area, often referred to as “Cancer Alley” because of the amount of pollutants suspected to cause cancer, stretches along the Mississippi from Baton Rouge to New Orleans.

In its lawsuit, the state argued that the Biden administration's plans went beyond the scope of Title VI. The state said the EPA wrongly targeted environmental policies that inadvertently harm minority communities the most, even though the law only applies to intentional discrimination. The state also said the policy was discriminatory because it would allow regulation of pollutants based on the race of those affected. Cain agreed that the EPA went too far.

While Cain's ruling was a victory for Republican politicians – Governor Jeff Landry, who was attorney general at the time the lawsuit was filed, and his successor in that office, Elizabeth Murrill – environmental groups condemned it.

“Louisiana has given industrial polluters free rein to poison black and brown communities for generations, only to now be given permanent free rein by a court to evade its accountability,” Patrice Simms of Earthjustice said in a press release.

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