By Charlie Reeves
As pollution seeps into low-income and minority communities at disproportionate rates, populations are continuously left unprotected. On Wednesday, August 21, 2024, a U.S. District Court in Louisiana ruled that the Environmental Protection Agency did not have the authority to investigate and determine if pollution-creating factories disproportionately impacted predominantly-minority areas.
Title VI of the 1964 Civil Rights Act is intended to ensure that federal funds are never used to discriminate against anyone on the basis of race or ethnicity. The EPA, investigating and attempting to shut down chemical plants and other sources of industrial pollution that were affecting marginalized communities, was accused of going beyond the true scope of Title VI enforcement. The Louisiana court ruled that, due to the impacts of pollutants unintentionally affecting low-income and minority areas, there was no legal violation.
The decision in Louisiana only applies to the state, but it represents a far greater concern within the push for environmental justice. The burden of proof is endlessly being placed onto the shoulders of the most vulnerable—the at-risk communities themselves—although it has been proven time and time again that racial minorities suffer disproportionately from the effects of fossil fuel pollution. The Environmental Protection Agency was originally sued by the state of Louisiana for no more than an investigation into the potential violation of civil rights law. Now the agency is barred from asking questions that could save lives and expose blatantly racist corporate decision-making.
In Louisiana, Black communities have been repeatedly abandoned when it comes to environmental policy and injustices. In “Cancer Alley”, a stretch of predominantly Black communities surrounded by petrochemical plants with rampant toxic emissions, the cancer rate is seven times the national average. The EPA and the state of Louisiana have failed to help minority communities like this, sometimes known as “sacrifice zones”.
Sacrifice zones are clusters of industrial facilities with adjacent communities nearby, and they are devastating microcosms of environmental injustice, government neglect, and tricky legal loopholes used by greedy corporations.
After the recent ruling, though, a more malicious handling of low-income and minority communities’ concerns has been revealed. By blocking the EPA from attempting to reveal discriminatory actions, Louisiana has set a concerning precedent. With the EPA’s regulatory powers being constrained into near-oblivion, and with the courts in many areas newly emboldened to dismiss concerns that lie at the intersection of civil rights law and environmental law, a framework has been established where injustice cannot even be properly identified as such.