Lawsuit alleging environmental racism in Louisiana parish allowed to proceed, federal court says

NEW ORLEANS (AP) — A civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies by placing polluting industries in majority-Black communities can move forward, a federal appellate court says.

On Thursday, the 5th U.S. Circuit Court of Appeals in New Orleans ruled that a trio of faith-based community groups could proceed with a lawsuit alleging racial discrimination in the petrochemical buildout in St. James Parish, a region in the heart of Louisiana’s heavily industrialized Chemical Corridor. It is often referred to by environmental groups as “Cancer Alley” for its high levels of pollution.

The lawsuit calls for a moratorium on the construction and expansion of petrochemical plants in St. James Parish. When the lawsuit was filed in March 2023, 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations.

The U.S. Environmental Protection Agency found in a 2003 report that St. James Parish ranked higher than the national average for certain cancer deaths. Both majority-Black sections of the parish are ranked as having a high risk of cancer from toxic pollutants according to an EPA screening tool based on emissions reported by nearby facilities, the lawsuit notes.

“We have been sounding the alarm for far too long that a moratorium is needed to halt the expansion of any more polluting industries in our neighborhoods, and too many lives have been lost to cancer,” said Gail LeBoeuf, a lifelong parish resident and co-founder of Inclusive Louisiana. She is a plaintiff in the case.

The case will now go back to the U.S. District Court in the Eastern District of Louisiana, which had previously ruled the lawsuit was filed too late by Inclusive Louisiana and other community groups because the allegations centered on a 2014 parish land-use plan.

But the federal court said the complaint was filed on time and noted that the lawsuit was “replete with allegations of discriminatory land use decisions” in the parish, of which the 2014 plan was just one example.

The court also recognized that the groups had a right to sue the parish for authorizing industrial development which “desecrates, destroys, and restricts access” to the cemeteries of their enslaved ancestors in the parish. Many of the petrochemical facilities in Louisiana are built on former plantations, and few of the burial sites of the enslaved have been preserved.

“I think it’s a real vindication of their struggle,” said Pamela Spees, a lawyer with the Center of Constitutional Rights representing the plaintiffs. “This is a case about long-running ongoing discrimination and now we get to deal with the claims on their merits.”

St. James Parish did not immediately respond to a request for comment.

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Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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