NEW ORLEANS, LA — A pivotal civil rights lawsuit is underway as the Fifth Circuit Court of Appeals in New Orleans prepares to hear a case on Monday that accuses St. James Parish of intentionally situating polluting industries in predominantly Black neighborhoods. This case alleges racial discrimination in land-use policies which, the plaintiffs claim, protect white communities from environmental hazards while disproportionately impacting Black residents.
Filed by local community groups including Inclusive Louisiana, Rise St. James, and Mt. Triumph Baptist Church, the lawsuit demands a cessation of further industrial development in the area. This legal action highlights the broader national dialogue on environmental justice and racial discrimination in zoning laws.
According to the complaint, a significant concentration of the parish’s industrial facilities is strategically placed in majority-Black areas. These include 20 of the 24 industrial sites located in two specific regions with high Black populations as of March 2023.
St. James Parish is situated along a part of the Mississippi River dubbed the Chemical Corridor, often referred to as “Cancer Alley” due to the suspected carcinogenic emissions from the high concentration of industrial plants. This locale has historically been a hotspot for environmental and health concerns.
Amidst growing governmental focus on environmental racism under the Biden administration, the case gains additional significance. But the lawsuit faced a setback in November 2023 when U.S. District Judge Carl Barbier dismissed it on procedural grounds, stating the legal window for such complaints had lapsed. Nevertheless, he acknowledged the substantive basis of the plaintiffs’ claims concerning the parish’s 2014 land-use plan which allegedly favored white neighborhoods in terms of environmental protection.
Attorneys for the plaintiffs argue the ongoing discriminatory practices under what they term the “continuing violations” doctrine, claiming that the governance of the parish allows new industries to disproportionately burden Black communities. In addition, the groups point out recent decisions by the parish authorities, such as the rejection of moratoriums on heavy industrial expansion proposed by Black communities while quickly imposing one on large solar projects following complaints from predominantly white neighborhoods.
The plaintiffs also seek justice for the preservation of heritage, expressing concerns over the endangerment of historical sites significant to Black heritage by industrial encroachment, a point the court dismissed citing that the sites are on private property.
At the broader systemic level, the lawsuit frames the parish’s actions within a context of historical racial injustices, including slavery and Jim Crow laws, claiming violations of the 13th and 14th Amendments of the U.S. Constitution. The plaintiffs’ lawyer, Pamela Spees, emphasized how these actions represent a pattern of ignoring the dignity and humanity of Black communities in St. James Parish.
Local residents and activists, including Gail LeBoeuf, a lifelong parish resident and cancer patient who links her illness to prolonged exposure to industrial pollution, underscore the emotional and physical toll of these policies. LeBoeuf, co-founder of Inclusive Louisiana, has been an outspoken advocate for greater environmental protections and more comprehensive monitoring of pollution levels.
As the court prepares to revisit the case, the outcome could set a significant precedent for how cases of environmental racism are managed legally in the United States, potentially influencing future industrial planning and environmental justice efforts nationwide.