Louisiana court permanently halts civil rights protections for Black communities' environment.

EarthJustice says the ruling allows polluting companies in Black and Latinx communities to harm them without consequences.

August 25th 2024.

Louisiana court permanently halts civil rights protections for Black communities' environment.
A recent court ruling has stirred up controversy in Louisiana, with the U.S. District Court for the Western District of Louisiana issuing a permanent injunction against the EPA and the Department of Justice. This injunction, which was put in place by James Cain, a former member of the Trump administration, prohibits these entities from using Title VI of the Civil Rights Act to influence the state's regulation of polluting facilities.

The Louisiana Illuminator reports that EarthJustice, a non-profit organization dedicated to environmental law, has spoken out against the ruling. In a statement, they expressed concern that this decision essentially gives companies that pollute in predominantly Black and Latinx communities a free pass to continue their harmful practices.

Patrice Simms, EarthJustice's vice president for healthy communities, spoke out against the ruling, stating that the residents of Louisiana, especially those in environmental justice communities, deserve the same protections under Title VI as the rest of the nation. It is unacceptable for industrial polluters to have the open license to harm these communities for generations.

The EPA, on the other hand, has stated that they will continue to enforce civil rights law in accordance with the court's order. However, according to Grist, the EPA has a history of neglecting complaints related to environmental racism. It wasn't until 2015, when EarthJustice sued the agency, that they began to take action.

In 2020, after President Joe Biden won the election, the EPA finally started to address some of the complaints they had received. They even launched an investigation into Louisiana's Cancer Alley, a heavily polluted area that disproportionately affects Black communities. However, their progress was hindered when Louisiana's Attorney General at the time, Jeff Landry, sued the EPA to block their efforts.

Debbie Chizewer, an attorney at EarthJustice, has warned that this ruling could set a dangerous precedent. If another state were to use the same argument as Landry, they could point to this case as persuasive authority in their own legal battles. Overall, the fight for environmental justice in Louisiana is far from over, and it remains to be seen how this ruling will impact future efforts to address environmental racism in the state.

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