Judge Blocks E.P.A. From Using Civil Rights Law in Pollution Case

A federal court in Louisiana has dealt a serious blow to the Biden administration’s effort to protect communities heavily affected by toxic industrial pollution.

The U.S. District Court for the Western District of Louisiana ruled on Wednesday that the Environmental Protection Agency is barred from using the federal civil rights law to prevent Louisiana from granting permits for numerous polluting facilities in minority and low-income communities.

Title VI of the 1964 Civil Rights Act allows the E.P.A. to investigate whether state programs that receive federal money are discriminating on the basis of race, color or national origin.

But the judge’s ruling effectively means that the federal government is limited to taking action against specific agency decisions that are intentionally discriminatory. The E.P.A. cannot, however, consider cumulative or “disparate” environmental harms. That means the state cannot be held liable for actions like allowing several chemical plants, refineries and other industrial operations in minority communities.

Debbie Chizewer, an attorney at Earthjustice, an environmental group that has pursued Civil Rights Act cases on behalf of heavily polluted communities, called the decision “outrageous.” She said: “Residents were already struggling because of the disproportionate exposure to environmental harms in Louisiana. This leaves them unprotected.”

The E.P.A. issued a statement saying the agency and the Justice Department “remain committed to enforcing civil rights law, consistent with the court’s order” and said in the coming weeks the agency would determine its “next steps to ensure nondiscrimination in the programs and activities our agencies fund.”