A federal appeals court has allowed a civil rights lawsuit to move forward in Louisiana, where community groups are fighting against what they claim are racist land-use policies. The lawsuit targets St. James Parish, where a high concentration of polluting industries has been built in areas with mostly Black residents. The 5th U.S. Circuit Court of Appeals in New Orleans ruled that the groups can pursue their claims of racial discrimination related to the expansion of petrochemical plants.
The lawsuit, filed in March 2023, seeks a halt on any new construction or expansion of these industries in St. James Parish. At the time of filing, 20 out of 24 industrial facilities were located in neighborhoods predominantly inhabited by Black residents. Residents and advocates argue that these industries contribute to severe health risks, particularly cancer, in these communities.
A 2003 report from the U.S. Environmental Protection Agency (EPA) highlighted that St. James Parish had higher cancer death rates than the national average. The lawsuit points out that the areas with majority-Black populations are at a particularly high risk due to toxic emissions from nearby facilities.
Gail LeBoeuf, a local resident and co-founder of Inclusive Louisiana, expressed the urgency of the situation, stating that a moratorium is essential to protect lives in the community. She emphasized the long-standing concerns about the health impacts of pollution in their neighborhoods.
Initially, a lower court ruled that the lawsuit was filed too late, as it referenced a land-use plan from 2014. However, the appellate court disagreed, stating that the complaint includes ongoing issues of discriminatory land use, and the 2014 plan is just one aspect of a broader pattern of discrimination.
The court also acknowledged the plaintiffs’ right to challenge the parish for allowing industrial development that disrupts access to cemeteries of their enslaved ancestors. Many of the petrochemical facilities are situated on former plantation land, where burial sites of enslaved individuals have often been neglected or destroyed.
Pamela Spees, a lawyer representing the community groups, called the ruling a significant victory, allowing the case to proceed on its merits. The case will now return to the U.S. District Court in the Eastern District of Louisiana for further proceedings.
St. James Parish has not yet responded to requests for comments regarding the lawsuit. The outcome of this case could have important implications for environmental justice and community rights in industrial areas across the country.