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In response to administrative complaints filed with the agency (Nos. 01R-22-R6, 02R-22-R6, and 04R-22-R6), the Environmental Protection Agency (EPA) opened an investigation into the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health's (LDH) on April 6, 2022 via its authority under Title VI of the Civil Rights Act of 1964 and EPA's nondiscrimination regulations. The complaints alleged that LDEQ's implementation of its air pollution control permit program was racially discriminatory and that LDH failed in its duty to inform and make recommendations to the public about health threats and air toxics exposures. EPA conducted an initial investigation to assess whether LDEQ's and LDH's actions had an adverse disparate impact on Black residents living in St John the Baptist Parish, St. James Parish, and the state's Industrial Corridor (nicknamed "Cancer Alley"). EPA focused on two facilities known to be emitting chloroprene and other carcinogenic toxins in Reserve and near St. James Parish.
On October 12, 2022, EPA published a 56-page letter of concern sent to the Secretaries of LDEQ and LDH, respectively. EPA officials met with LDEQ and LDH prior to releasing the letter on September 22 and 23, 2022 and the agency opted to release the letter in order to facilitate resolution of the complaints. EPA emphasized that it had not concluded its investigation but had found significant evidence suggesting that LDEQ and LDH's actions or inactions had resulted in disparate adverse impacts on Black residents in all three communities and called the failure to do a proper impact analysis "concerning" from a civil rights perspective.
EPA reviewed pollution data, finding that highest cancer risks from air toxins were almost exclusively within the Industrial Corridor. In addition, the letter criticized a 2018 report issued by LDH that concluded that moving children from an elementary school in an area with high concentrations of toxins to another location would not significantly decrease levels of cancer risk. The letter also noted that LDEQ Secretary Chuck Carr Brown had made inaccurate or misleading statements during public hearings when residents raised concerns about the chloroprene levels.
Following EPA's letter of concern, the operators of the plants subject to investigation issued press releases defending their permits and operational standards. A state court rescinded one of the plant permits issued by the LDEQ on environmental justice grounds, a decision that both the LDEQ and the company have appealed.
According to a statement issued on October 13, 2022, LDEQ and LDH are willing to engage in an informal mediation process to resolve the complaints.
On May 24, 2023 the Louisiana Attorney General Jeff Landry sued the EPA, the Department of Justice, and the Biden administration over the civil right investigation in the U.S. District Court for the Western District of Louisiana. The new lawsuit appeared to cast doubt over whether any parties were willing to proceed with the negotiations in good faith. He argued the Civil Rights Act only prohibits “intentional discrimination,” and called the EPA’s investigation a ploy by “social justice warriors.”
On June 2023, LEQ and EPA had closed in on an agreement that would have new procedures for the state to ensure that future permitting decisions included an analysis of disparate impact, an in-depth analysis into whether the impacts of any polluting facility would be disproportionately felt by people of a certain race, color, or nationality. The agreement would have enforced the state’s legal obligation to request companies to look at alternate site or deny permits to lessen any disparate impacts found in the analysis
On June 27, 2023 the EPA sent a letter to LDEQ Secretary Roger Gingles stating they had closed the investigation
On July 2023, the EPA closed the case and ended discussions with LDEQ. It did not release its findings nor come to a resolution with LDEQ.
Summary Authors
Hannah Juge (11/6/2022)
Andrea De Jesus Colon (10/1/2024)
Last updated Aug. 30, 2023, 1:31 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Louisiana
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Environmental Protection Agency (EPA) is an independent executive agency of the federal government responsible for maintaining and enforcing national environmental standards.
Plaintiff Type(s):
Non-DOJ federal government plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Louisiana Department of Health, State
Louisiana Department of Environmental Quality, State
Defendant Type(s):
Case Details
Causes of Action:
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Basis:
Affected Race(s):