Biden Administration Closes Civil Rights Investigation into Discrimination Claims in Louisiana’s ‘Cancer Alley

Biden Administration Closes Civil Rights Investigation of Louisiana Agencies in “Cancer Alley”

In a disappointing turn of events for environmental justice advocates, the Biden administration has decided to close a civil rights investigation into two Louisiana state agencies without finding any evidence of discrimination in their regulation of chemical plants in the area known as “Cancer Alley.”

The decision comes after Louisiana challenged the investigation in court, prompting the Environmental Protection Agency (EPA) to drop the probe. In a filing on Tuesday, the EPA stated that it had taken steps to protect vulnerable communities, including reaching agreements with plants to improve waste management and proposing new rules to limit air pollution.

Both the EPA and lawyers at the Justice Department have confirmed that they will not be taking civil rights enforcement action against Louisiana’s Department of Health and Department of Environmental Quality.

This decision represents a potential setback for the Biden administration’s commitment to addressing the disproportionate pollution faced by poor and minority communities, particularly Black neighborhoods in Louisiana. The EPA had been investigating the state’s oversight of chemical companies in an industrial corridor along the Mississippi River, an area that has long been plagued by high cancer rates.

However, Louisiana’s Republican attorney general and gubernatorial candidate, Jeff Landry, has been actively fighting against the investigation. Landry filed a federal lawsuit claiming that the EPA exceeded its authority, arguing that the Civil Rights Act of 1964 does not grant the agency the power to take action against policies that result in “disparate impact,” such as heavier pollution in Black neighborhoods compared to others.

While this type of legal authority has rarely been invoked, it played a crucial role in the Biden administration’s strategy to address the higher likelihood of minority communities being exposed to toxic waste and industrial pollution. In addition to the Louisiana investigation, the administration pursued civil rights cases against Houston for illegal dump sites in Black and Latino neighborhoods and against an Alabama county for neglecting and failing to act on risks posed to Black residents by raw sewage.

Patrice Simms, vice president for healthy communities at Earthjustice, emphasized the importance of federal enforcement under this aspect of the Civil Rights Act, stating that it is a critical component for addressing environmental injustice. Simms expressed concern over the EPA potentially backing away from its commitment.

Officials from the EPA and Louisiana’s Department of Environmental Quality and Department of Health were not immediately available for comment. Millard Mule, a spokesman for the Louisiana Attorney General’s Office, declined to comment due to ongoing litigation.

The EPA investigation focused on whether Louisiana’s Department of Health failed to provide adequate assistance to Black residents in reducing their exposure to pollution from a neoprene facility operated by Denka, a Japanese chemicals firm. The investigation also examined the state Department of Environmental Quality’s permitting of facilities in St. John the Baptist and St. James parishes, as well as a controversial $9.4 billion complex proposed by the Formosa Plastics Group.

In a separate but related action earlier this year, the Justice Department sued Denka in an attempt to compel the company to reduce emissions of chloroprene, a known carcinogen. The case is still ongoing and is expected to continue.

How does the closure of the investigation into the oversight of chemical companies in Louisiana’s Cancer Alley impact the Biden administration’s efforts to address environmental injustices

The Biden administration has decided to close a civil rights investigation into two Louisiana state agencies without finding any evidence of discrimination in their regulation of chemical plants in the area known as “Cancer Alley.”

The Environmental Protection Agency (EPA) had been investigating Louisiana’s oversight of chemical companies in an industrial corridor along the Mississippi River, which has faced long-standing issues with high cancer rates. However, the investigation was challenged by Louisiana in court, leading the EPA to drop the probe.

In a filing, the EPA stated that it had taken steps to protect vulnerable communities, including reaching agreements with plants to improve waste management and proposing new rules to limit air pollution. Despite this, both the EPA and lawyers at the Justice Department have confirmed that they will not be pursuing civil rights enforcement action against the state’s Department of Health and Department of Environmental Quality.

The closure of the investigation is seen as a setback for the Biden administration’s commitment to tackling environmental injustices faced by poor and minority communities, particularly Black neighborhoods in Louisiana. These communities have long been disproportionately affected by pollution.

Louisiana’s Republican attorney general and gubernatorial candidate, Jeff Landry, has actively opposed the investigation. He filed a federal lawsuit claiming that the EPA exceeded its authority and arguing that the Civil Rights Act of 1964 does not give the agency the power to address policies that result in “disparate impact,” such as the heavy pollution experienced in Cancer Alley.