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Federal court reviews civil rights lawsuit alleging environmental racism in a Louisiana parish

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Federal court reviews civil rights lawsuit alleging environmental racism in a Louisiana parish


NEW ORLEANS (AP) — A federal appellate court is reviewing a civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies to place polluting industries in majority-Black communities.

The Fifth U.S. Circuit Court of Appeals in New Orleans heard oral arguments on Monday for a lawsuit filed by community groups claiming St. James Parish “intentionally discriminated against Black residents” by encouraging industrial facilities to be built in areas with predominantly Black populations “while explicitly sparing White residents from the risk of environmental harm.”

The groups, Inclusive Louisiana, Rise St. James and Mt. Triumph Baptist Church, seek a halt to future industrial development in the parish. They say they have suffered health impacts from pollution, diminished property values and violations of religious liberty as a result of the parish’s land use system.

The plaintiffs say that 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations when they filed the complaint in March 2023.

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The parish is located along a heavily industrialized stretch of the Mississippi River between New Orleans and Baton Rouge, Louisiana, known as the Chemical Corridor, often referred to by environmental groups as “Cancer Alley” because of the high levels of suspected cancer-causing pollution emitted there.

The lawsuit comes as the federal government has taken steps during the Biden administration to address the legacy of environmental racism. Federal officials have written stricter environmental protections and committed tens of billions of dollars in funding.

“The decisions made in this courtroom will resonate far beyond our borders, impacting frontline communities nationwide who are yearning for acknowledgment and accountability,” said Shamell Lavigne, a St. James Parish resident and a leader with Rise St. James, a local environmental justice organization. “We are advocating for our future and the wellbeing of our children.”

In November 2023, U.S. District Judge Carl Barbier of the Eastern District of Louisiana had dismissed the lawsuit against St. James Parish largely on procedural grounds, ruling the plaintiffs had filed their lawsuit too late. But he added, “this Court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”

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Barbier had accepted the parish’s argument that the lawsuit hinged on its 2014 land-use plan, which generally shielded white neighborhoods from industrial development and left majority-Black neighborhoods, schools and churches without the same protections. The plan also described largely Black sections of the parish as “future industrial” sites, a classification described by the plaintiffs as a form of “racial cleansing.”

Regardless, the plaintiffs had missed the legal window to sue the parish by not filing their lawsuit within one year after the land-use plan was formalized, as required by statute of limitations laws, the judge had ruled.

During the appeals hearing, Fifth Circuit Court Judge Catharina Haynes said that the argument raised by the parish “basically makes it sound like if you didn’t sue within a year, well, heck, you can be discriminated against in a bunch of different ways for the rest of eternity.”

Carroll Devillier, Jr., a lawyer representing the parish, responded that residents had already had the opportunity to challenge the 2014 land use plan when it was being formulated. He also said the plaintiffs “have nothing” to prove they suffered from harms from discrimination in the year before they filed their lawsuit in March 2023.

Haynes also observed that parish officials, including those representing majority Black areas, had voted to support the 2014 land-use plan. “Why would you vote to discriminate against yourself?” she asked.

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Pamela Spees, a lawyer for the Center of Constitutional Rights representing the plaintiffs, said the land-use plan could be approved by government officials but still reinforce discrimination.

After the hearing, Spees said that the approval of the land use plan had to be understood in the context of ongoing structural racism.

At its core, the lawsuit alleges civil rights violations under the 13th and 14th amendments, stating the land-use system in the parish allowing for industrial buildout primarily in majority-Black communities remains shaped by the history of slavery, white supremacy and Jim Crow laws and governance.

The parish’s 2014 land use plan is just one piece of evidence among many revealing persistent and ongoing discrimination by the parish, Spees said.

As evidence of more recent alleged discrimination, the lawsuit highlights the parish’s decision in August 2022 to impose a moratorium on large solar complexes after a proposed 3,900-acre (1,580-hectare) solar project upset residents of the mostly white neighborhood of Vacherie, who expressed concerns about lowering property values and debris from storms. The parish did not take up a request for a moratorium on heavy industrial expansion raised by the plaintiffs, the lawsuit states.

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The parish’s lawyer, Devillier, Jr., told judges the solar moratorium had applied to the entire parish and that the plaintiffs’ request for a moratorium on industrial expansion, which initially came in the form of a letter sent by the plaintiffs in 2019, was “never formally considered” by the parish.

The lawsuit also argues the parish failed to identify and protect the likely hundreds of burial sites of enslaved people by allowing industrial facilities to build on and limit access to the areas, preventing the descendants of slaves from memorializing the sites. The federal judge tossed out that part of the lawsuit, noting the sites were on private property not owned by the parish.

Lawyers for St. James Parish have said the lawsuit employed overreaching claims and “inflammatory rhetoric.” Victor J. Franckiewicz, who has served as special counsel to St. James Parish for land-use matters since 2013, declined to comment after the hearing. St. James Parish did not respond to a request for comment.

“How can a judge rule a statute of limitations on clean air, clean water and clean soil? There should be none,” said Gail LeBoeuf, 72, a life-long St. James resident and a plaintiff in the case who co-founded Inclusive Louisiana.

The U.S. Environmental Protection Agency found in a 2003 report that St. James Parish ranked higher than the national average for certain cancer deaths. Both majority Black sections of the parish are ranked as having a high risk of cancer from toxic pollutants according to an EPA screening tool based on emissions reported by nearby facilities, the complaint noted.

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Jack Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Brook on the social platform X: @jack_brook96.

Jack Brook, The Associated Press



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How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake

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How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake


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While Louisiana’s largest lake, the Toledo Bend Reservoir, spans 1,200 miles of shoreline, the state’s deepest lake only spans 1,125 acres.

Lake Peigneur is the deepest lake in Louisiana, with a depth measuring approximately 200 feet.

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Lake Peigneur is a brackish lake, meaning it contains saltwater but has less salinity than seawater, located in New Iberia Parish in South Louisiana.

How did Lake Peigneur become the deepest lake in Louisiana?

Lake Peigneur was not always considered the deepest lake in Louisiana, as it was only a 10-foot-deep freshwater lake 40 years ago.

On Nov. 20, 1980, an oil rig crew was attempting to free a 14-inch drill bit when they heard popping noises and the rig began to tilt. Shortly after the crew abandoned the rig and headed for shore, the crew watched the 150-foot oil rig disappear into the 10-foot-deep lake.

Soon, a whirlpool formed in place of the oil rig. The whirlpool grew rapidly until it was able to suck up nearby boats, barges, trees, a house and half an island.

At the same location of the oil drilling site, there was also a salt mine, and when the whirlpool formed after the oil rig collapsed, the mine began to fill with water. As the whirlpool grew, water was able to enter the mine at such a force that it caused a geyser to spew out of the mine’s opening for hours until the lake was drained.

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After the lake was emptied, the Delcambre Canal began to flow backward, marking the only time in history that the Gulf of Mexico flowed into the continental U.S. This backflow continued until the entire mine and lake were filled with water, except now the lake was filled with saltwater, according to an article published on Louisiana Tech Digital Commons.

Can you swim in Lake Peigneur?

Before the oil rig and salt mine accident, Lake Peigneur was a popular spot for fishing and recreational activities. However, since the lake is almost entirely surrounded by private property, visitors will have to enter the nearby Rip Van Winkle Gardens in order to get a closer look, according to Atlas Obscura.

While there are no reports indicating the lake is unsafe, the lake is not exactly developed for public access. However, there are things to do around Lake Peigneur, like visiting Rip Van Winkle Gardens on Jefferson Island, or visiting Avery Island to tour the Tabasco Factory.

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Presley Bo Tyler is a reporter for the Louisiana Deep South Connect Team for USA Today. Find her on X @PresleyTyler02 and email at PTyler@Gannett.com



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Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill

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Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill


PENSACOLA BEACH, Fla. — A local fisherman raised concerns about the substance now coating Opal Beach, citing a recent oil spill off the coast of Louisiana.

WEAR News went to officials with the Gulf Islands National Seashore and Escambia County to find out the cause.

They say it’s not related to an oil spill, but is in fact algae.

The Marine Resources Division says they can understand beachgoers’ concerns, and hope to raise awareness.

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“You don’t even want to get near it because it’s so gooey and sticky,” local fisherman Larry Grossman said. “It was accumulating on my beach cart wheels yesterday, and it felt like an oil product.”

Grossman messaged WEAR News on Monday after noticing something brown and oozy in the sand. He says it started showing up by Fort Pickens and stretched down to Opal Beach.

Grossman said a park service employee told him it could be oil from a recent spill in Louisiana. So he took a message to social media, sparking some reactions and raising questions.

“it certainly didn’t seem like an algae bloom because I was in the water, I caught a fish and I put some water in the cooler to keep my fish cool and it almost looked like oil in it,” Grossman said. “I know some people think it’s an algae bloom, but it certainly smelled and felt and looked like oil.”

A Gulf Islands National Seashore spokesperson confirmed to WEAR News on Tuesday that the substance is algae.

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WEAR News crews were at the beach as officials with the Escambia County Marines Resources Division came out take samples.

“What I found here washed up on the beach is some algae — filamentous algae, single celled algae — that washed ashore in some onshore winds,” said Robert Turpin, Escambia County Marines Resources Division manager. “This is the spring season, so with additional sunlight, our plants, they grow in warmer waters, with plenty of sunlight.”

Turpin says this algae is not harmful.

He also addressed the concerns that this could be oil, saying he’s familiar with what oil spills look like.

He says he appreciates when people like Grossman raise the concerns.

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“The last thing in the world we want is something to gain traction on social media that is faults in nature that could harm our tourism,” Turpin said. “Our tourism is very important to our economy, and we want to give the right information out to the public so we all enjoy the beaches and enjoy them safely.”

Turpin says if you see something or suspect something may be harmful on the beach, avoid it and contact Escambia County Marine Resources.



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Louisiana Gov. Jeff Landry calls for amendment for teacher pay raises

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Louisiana Gov. Jeff Landry calls for amendment for teacher pay raises


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  • Louisiana Governor Jeff Landry proposed a constitutional amendment for permanent teacher pay raises.
  • Landry’s address also supported an eventual elimination of the state income tax.
  • The governor’s budget includes an $82 million increase for corrections services following recent tough-on-crime laws.
  • Landry advocated for doubling the funding for his LA Gator school choice program.

BATON ROUGE — Gov. Jeff Landry advocated for a constitutional amendment that would create a permanent teacher pay raise as well as an eventual elimination of the state income tax in an opening address to the Louisiana Legislature on Monday.

Landry pushed for the passage of Proposed Amendment 3 on the May 2026 ballot to free up money for teacher pay raises.

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He said the amendment would pay down longstanding debt within the Teachers’ Retirement System of Louisiana and enable the state to afford a permanent increase in teacher income. The proposed increases are $2,250 for teachers and $1,125 for support staff.

“With a ‘yes’ vote, we can strengthen the retirement system, improve their take-home pay, and guess what? We can do it without raising taxes,” Landry said.

A bill proposing the elimination of the state income tax, which takes in about $4 billion annually, was pre-filed earlier in the year by Rep. Danny McCormick, R-Oil City. Where the money will come from to supplement the loss is currently unclear.

McCormick said in an interview with the LSU Manship School News Service that to encourage more young adults to stay in Louisiana, “we need to do away with the state income tax.”

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“This is a conversation piece that hopefully we can figure out where to make cuts in the government so we can get the people their money back,” McCormick said.

But Senate President Cameron Henry, R-Metairie, said at a luncheon at the Baton Rouge Press Club that if the Legislature “can be disciplined” this session, residents could anticipate a 0.5% decrease in state income tax during next year’s session. He also said bigger tax cuts have to be planned over a longer budget cycle.

Within education changes, Landry commended the placing of the Ten Commandments in classrooms, approved by the Louisiana Supreme Court in a decision handed down last week.

“You have staked the flag of morality by recognizing that the Ten Commandments are not a bad way to live your life,” Landry said. “Students who don’t read them will likely read the criminal code.”

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Landry’s budget proposed an $82 million increase for corrections services following 2024 tough-on-crime legislation that eliminated parole and probation, increased sentencing and encouraged harsher punishments.

Landry directed his criticism toward the New Orleans criminal justice system, which he feels is lacking accountability, especially in courtrooms.

“Judges hold enormous power, but they are not social workers with a gavel,” he said. “They are the final gatekeepers of public safety.”

The Orleans Parish criminal justice system relies on state and local funding stemming from revenues from fees imposed on those arrested, according to the Vera Institute. Landry said the state spends twice as much on the Orleans system as it does in East Baton Rouge Parish, the largest parish in the state.

“Being special does not mean being exempt from accountability,” Landry said.

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Overall, Landry pushed for fewer and different ideas compared to the sweeping agenda he laid out at the start of previous legislative sessions. Henry mentioned at the Baton Rouge Press Club that the governor would like for this session to be a “member-driven session instead of an administrative session.”

Landry spoke only in general terms about his proposal for more funding for LA Gator, his program to let parents use state money to send their children to private schools.

“We must find a path so that the hard-earned money of parents follow their child to the education of their choice,” he said.

He has proposed doubling funding for the LA Gator program from $44 million a year to $88.2 million. The likelihood of this occurring is yet to be seen, as prominent lawmakers such as Sen. Henry are hesitant to approve an increase in funding.

Landry similarly did not mention carbon capture projects, despite the issue gaining traction from affected parish residents and lawmakers.

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House Speaker Phillip DeVillier, R-Eunice, told the Baton Rouge Press Club last week that 22 bills have been filed in the House that he would consider “anti-carbon capture.”

Landry also cited data centers and other giant industrial development projects and touted his administration’s success in bringing more jobs to Louisiana and in helping to lower insurance premiums over the past year.

“May we continue to employ courage over comfort, and if we do, there is really no limit to what we can do for Louisiana,” Landry said.



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