Creation Covenant Alliance

Appeals Court Considers Environmental Racism Allegations in Cancer Alley Zoning Case

Black residents in Louisiana's St. James Parish challenge land-use policies, alleging systemic racism favoring polluters.
Chemical plants line the roads and suburbs of Cancer Alley, an area along the Mississippi River that stretches from New Orleans to Baton Rouge in Louisiana. Credit: Giles Clarke/Getty Images

Black residents of St. James Parish, Louisiana, have appealed to a federal court to overturn a decision that dismissed their claims of racial discrimination in local land-use policies. These policies have allegedly concentrated polluting industries in their neighborhoods.

Lawyers for Inclusive Louisiana, Rise St. James, and the Mount Triumph Baptist Church presented arguments before a three-judge panel in New Orleans. They assert that systemic racism has led to heavy industry and chemical plants being located in two predominantly Black parish districts, bypassing predominantly white areas.

The parish government defended the previous ruling by U.S. District Court Judge Carl J. Barbier, which dismissed the claims on grounds of delay in filing the lawsuit following a 2014 land-use plan, and stated the plaintiffs lacked legal standing.

The lower court also ruled that the environmental groups failed to sufficiently allege harm to their religious rights, as they could not demonstrate the parish government was responsible for restricted access to ancestral graves on industrial property.

The appeal is under consideration by Judges Patrick E. Higginbotham, Carl E. Stewart, and Catharina Haynes of the U.S. Fifth Circuit Court of Appeals, with varied political nominations ranging from Ford to Clinton and Bush administrations.

Initially, the lawsuit traced racial discrimination from the 1700s to modern-day land-use practices, claiming the 2014 plan reinforced discriminatory zoning against Black neighborhoods. The Center for Constitutional Rights and Tulane University Environmental Law Clinic represent the plaintiffs.

Inclusive Louisiana leaders hope the Fifth Circuit will advance their lawsuit, with intentions to escalate to the Supreme Court if necessary. Gail LeBoeuf, co-founder, expressed determination, stating, “The Civil War has never been over.”

Recently, a federal court ruling has restricted the EPA’s ability to address civil rights claims in Louisiana, complicating efforts to combat environmental racism in regions like “Cancer Alley.”

Cancer Alley spans 130 miles along the Mississippi River, home to over 200 industrial facilities, exposing residents to harmful pollution endangering health.

The lawsuit critiques a parish zoning category as a “racial cleansing plan,” resisted by the parish which sought to remove that terminology from the complaint.

Barbara Washington, co-founder of Inclusive Louisiana, highlighted the impact of industrial pollution on Black communities, leading to displacement and loss of essential services.

Ban on Solar Farms but Not Chemical Plants

During the hearing, Judge Haynes questioned the parish’s liability for private property issues, while plaintiffs argued direct links between land-use permits and industrial encroachment on cemeteries.

Attorney Carroll Devillier Jr. argued the statute of limitations had expired for challenging the 2014 plan, but Judge Haynes noted ongoing discriminatory impacts from subsequent actions, like a moratorium on solar farms.

The solar ban, allegedly requested by white residents, contrasts with the denial of a similar moratorium on new chemical plants, evidencing racial disparities in decision-making.

Pam Spees from the Center for Constitutional Rights noted amendments to the 2014 plan in 2018 did not alter the discriminatory framework. The plaintiffs seek to block future heavy industry in Black communities.

Lawsuit Brings “Much-Needed Attention” to Zoning Injustices

Legal expert Tony Arnold described the case as vital, addressing systemic discrimination in land use. He acknowledged the Fifth Circuit’s conservative stance might hinder progress despite credible arguments.

St. James Parish’s legal team addressed the term “racial cleansing” but failed to engage in the lower court’s discussions over potentially prejudicial language in the complaint.

Original Story at insideclimatenews.org

Trending News

Mississippi River Faces Persistent Saltwater Intrusion, Region Seeks Long-Term Solutions



For the third consecutive year, the Mississippi River is experiencing significant saltwater intrusion, prompting local communities and environmental experts to search for sustainable solutions. This recurring issue arises as the river’s flow decreases, allowing saltwater to move upstream and threaten drinking water supplies. The U.S. Army Corps of Engineers is actively involved in addressing this problem, employing temporary measures like saltwater barriers to mitigate the impact on affected areas.



Saltwater infiltration poses serious risks to public health and agriculture, as freshwater sources become compromised. The situation is exacerbated by prolonged periods of drought, which have reduced freshwater flow in the Mississippi River. According to the National Weather Service, drought conditions have worsened due to climate change, increasing the frequency and severity of saltwater intrusion events.



Local authorities are collaborating with federal agencies to explore permanent solutions. Among the proposed strategies are enhanced levee systems and improved water management techniques. The U.S. Army Corps of Engineers is evaluating the feasibility of long-term infrastructure projects to prevent further saltwater encroachment. Additionally, community leaders are advocating for increased funding to support these initiatives and safeguard the region’s water resources.



The impact of saltwater intrusion extends beyond drinking water concerns, affecting local ecosystems and agricultural productivity. Farmers in the region have reported crop damage due to elevated salinity levels in irrigation water. The Natural Resources Conservation Service is working with farmers to implement adaptive practices, such as planting salt-tolerant crops and improving soil management techniques.



As the Mississippi River continues to face challenges from saltwater intrusion, stakeholders emphasize the importance of collaborative efforts and innovative solutions. The ongoing threat underscores the need for comprehensive planning and investment to protect one of America’s most vital waterways from the impacts of climate change and environmental stressors.

November 19, 2024



Environmental activists have raised concerns over the fossil fuel sector’s significant impact on COP29, the latest United Nations Climate Change Conference. Activists argue that the industry’s presence diverts focus from critical climate actions.



The conference, designed to promote global climate agreements, faces criticism for allowing fossil fuel companies to participate extensively. Environmental groups claim these companies undermine efforts to reduce carbon emissions and transition to renewable energy sources.



According to Climate Action Network, fossil fuel representatives have increased their lobbying activities, aiming to weaken climate policies. These industries allegedly influence negotiations, leading to watered-down commitments that fail to address the urgency of climate change effectively.



Experts suggest that the influence of these companies stems from financial contributions and longstanding relationships with decision-makers. Critics argue that this affects the conference’s ability to enforce meaningful climate change regulations.



During the event, several protests highlighted the need for transparency and a stronger focus on sustainable energy solutions. Activists are calling for increased participation of renewable energy stakeholders in future conferences.



The controversy surrounding fossil fuel involvement at COP29 underscores the ongoing challenge of balancing industrial interests with the global imperative to combat climate change.



November 19, 2024