When she was told that a federal judge’s ruling will effectively prevent the Environmental Protection Agency from pursuing civil rights claims against chemical manufacturers in Louisiana’s “Cancer Alley,” local activist Tisha Taylor immediately thought of the Fifth Ward Elementary School.
The 300-student school in Reserve, Louisiana, sits about the length of a football field away from the only industrial plant in the nation that emits chloroprene. Chloroprene, a suspected carcinogen, is a substance used in the production of the synthetic rubber, Neoprene. The students, virtually all of whom are Black or Latino, attend class in an area with the nation’s highest cancer risk from air pollution.
“It makes it really difficult for me to understand how we can fight,” said Taylor, 60. “When it comes down to environmental racism, racism in general—and how we can leave children to die, and say it’s OK to die—we don’t have an option.”
In the days since the ruling was handed down last week, environmental justice advocates across Louisiana have wondered precisely how they might begin to move forward without the ability to use one of the EPA’s most potentially potent legal weapons to affect change.
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“The area needs to be cleansed,” said Mary Hampton, 85, an environmental advocate who, like Taylor, does not live far from the Fifth Ward school. “We need clean air, clean water, clean soil.”
The ruling, issued earlier this month by the U.S. District Court in Western Louisiana, dealt a blow to the EPA’s use of the “disparate impact” provision of Title VI of the Civil Rights Act of 1964, which bars racial discrimination by people and organizations that receive federal funding.
The EPA had used the disparate impact standard as the foundation to allege that agencies in multiple states were violating civil rights with policies that worsened environmental harms in already overburdened communities of color.
In April 2022, the EPA announced that agency officials would investigate a civil rights complaint in the Reserve area. Jeff Landry, then Louisiana’s attorney general, filed suit against the EPA last year, alleging that the agency exceeded its authority by working to assess discrimination claims involving disparate impact rather than “intentional discrimination.” (Landry has since been elected Louisiana’s governor.)
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“EPA officials have lost sight of the agency’s actual environmental mission, and instead decided to moonlight as a social justice warriors fixated on race,” the suit read, noting that federal officials had developed “increasingly warped vision of ‘environmental justice’ and ‘equity.’”
Earlier this summer, U.S. District Judge James D. Cain issued a preliminary injunction that temporarily prevented the EPA from pursuing civil rights cases involving disparate impact while Louisiana’s suit was pending in the courts.
On Aug. 22, Cain made that injunction permanent.
Patrice Simms, vice president of litigation for healthy communities at the environmental law organization Earthjustice, which filed a complaint in January 2022 asking the EPA to investigate potential civil rights violations in the vicinity of the chloroprene plant, warned the ruling might have a “chilling effect” on efforts to address environmental problems in communities of color around the country.
“Louisiana has given industrial polluters open license to poison Black and brown communities for generations, only to now have one court give it a permanent free pass to abandon its responsibilities,” Simms said in a statement. “Louisiana’s residents, its environmental justice communities, deserve the same Title VI protections as the rest of the nation.”
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Debbie Chizewer, the managing attorney for Earthjustice’s Chicago office, said after the ruling that attorneys will be “considering all the strategies available to us” to protect the health and continue the fight of community members.
“We’re not giving up,” she said, “just pivoting.”
“Louisiana’s residents, its environmental justice communities, deserve the same Title VI protections as the rest of the nation.”
On the same day that Cain issued his ruling, the EPA announced a set of new standards for pursuing civil rights cases and “best practices for building strong and effective civil rights programs.”
Paul Nathanson, a spokesperson for Denka Performance Elastomers, the company that operates the chloroprene plant and which has been sued by the EPA over its toxic air emissions, said as the agency “continues to extend its policy objectives beyond its legal authority, the courts continue to push back.”
In its “politicized crusade” against Denka, “EPA has spent considerable taxpayer resources ignoring sound science and needlessly fomenting fears in the community,” said Nathanson, lauding Cain’s ruling. “For EPA, its overly-aggressive actions resulted in creating law that’s unfavorable to the agency for the long term. Louisiana’s governor and attorney general were right to advance these arguments in defense of the regulated community.”
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Even before last week’s decision, the EPA had begun scaling back some of its Title VI investigations.
After Cain handed down the preliminary injunction in January, EPA civil rights compliance officials posted a disclaimer on the agency’s website that read: “Pursuant to a preliminary injunction issued by the U.S. District Court for the Western District of Louisiana on January 23, 2024, EPA will not impose or enforce any disparate-impact or cumulative-impact-analysis requirements under Title VI against the State of Louisiana or its state agencies.”
In recent months, the agency closed a civil rights probe in Texas and dismissed another investigation about the water crisis in Jackson, Mississippi.
In April, Florida Attorney General Ashley Moody announced that she was leading a 23-state coalition in filing litigation against the EPA’s Title VI regulations, seeking to block them nationally. At the time, Moody said in a written statement that “EPA should be focusing on enforcing the environmental laws passed by Congress, not so-called environmental justice, which is a euphemism for Biden’s extreme agenda.”
Moody’s press office did not respond to email and telephone message requests for comment about the Louisiana federal court ruling.
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Despite the setback, Taylor said she and her fellow southern Louisiana activists would continue to seek remedies to the environmental damage that has been done in their communities—even if they were still uncertain of what avenues they might use to do so.
“We’re going to fight until the end,” said Taylor. The EPA’s 2022 letter of concern about the environmental harms in the communities around the plant said that racial discrimination was likely to blame. “And Title VI should be used,” Taylor added.
Taylor said she was struck by Landry’s comments at a recent news conference in which he said that part of his opposition to the EPA’s attempts to hold the rubber plant accountable under Title VI guidelines was that he wanted to preserve the jobs of the roughly 250 employees at the facility.
Why, Taylor said, didn’t Landry mention the children at the Fifth Ward School?
“He overlooked those children to talk about the people who are poisoning the whole community,” Taylor said.
She continued: “There is just a heaviness in my heart right now. But it will not stop my feet from marching. We are fighting until the end, and this racist state and racist government are going to have to deal with us.”
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Inside Climate News reporter James Bruggers contributed to this report.
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Victoria St. Martin
Reporter, Health and Environmental Justice
Victoria St. Martin covers health and environmental justice at Inside Climate News. During a 20-year career in journalism, she has worked in a half dozen newsrooms, including The Washington Post where she served as a breaking news and general assignment reporter. Besides The Post, St. Martin has also worked at The Star-Ledger of Newark, N.J., The Times-Picayune of New Orleans, The Trentonian, The South Bend Tribune and WNIT, the PBS-member station serving north central Indiana. In addition to her newsroom experience, St. Martin is also a journalism educator who spent four years as a distinguished visiting journalist with the Gallivan Program in Journalism, Ethics, and Democracy at the University of Notre Dame. She is a co-director of the Dow Jones News Fund summer internship training workshop at Temple University. St. Martin is a graduate of Rutgers University and holds a master’s degree from American University’s School of Communication. She was diagnosed with breast cancer in 2011 and has written extensively about the prevalence of breast cancer in young women. In her work, St. Martin is particularly interested in health care disparities affecting Black women.
As unemployment claims are dropping around the nation, initial claims are also falling in Louisiana, according to the latest figures available from the Louisiana Workforce Commission.
Initial unemployment claims dropped more than 30% last week as compared to the previous week, from 1,592 claims to 1,106 claims. The initial filings, a proxy for layoffs, are also 13% lower than what they were the prior year.
The four-week moving average of initial claims, which smooths out short-term fluctuations and highlights longer-term trends, dropped 4.5% to 1,663.
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Despite the drop in initial claims, continued claims in Louisiana grew 15% last week as compared to the previous week. There were 12,384 claims filed for the week ending Dec. 28.
Continued filings were 5% lower than the same period a year ago.
The U.S. Supreme Court hasn’t set a date for when it will hear the challenge against Louisiana’s majority-Black 6th Congressional District as an illegal racial gerrymander, but one invested onlooker has made it clear where she stands on the case in the meantime.
In doing so, she claims Louisiana Attorney General Liz Murrill, who’s defending the map, is content to lose the case because it will lead to the removal of the state’s second majority-Black district in Congress.
It’s an allegation Murrill firmly refutes, despite having strenuously defended a prior map in federal court that had just one majority-Black district.
Marina Jenkins, executive director for the National Redistricting Foundation, told reporters last week her group’s “friend of the court” brief (as an outside party to the case) filed Dec. 26 calls on the Supreme Court to keep the current map in place.
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Her organization, which is aligned with the Democratic Party, maintains politics, not race, factored into the crafting of the new 6th District. Specifically, Louisiana’s Republican leaders decided who would be sacrificed among their GOP congressional incumbents, she said.
Also, Jenkins suggested that Murrill’s heart might not be in the task of defending the current map.
GET THE MORNING HEADLINES.
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Even though Louisiana wants the court to keep the current map in place, she said Murrill and state Solicitor General Benjamin Aguiñaga are trying to undermine the portion of the federal Voting Rights Act that prohibits discrimination on the basis of race, Section 2.
“The state of Louisiana has presented outlandish arguments intending to undermine precedent on Section 2 claims, going as far as to say that the state has no obligation to comply with federal law and vote dilution claims,” she said, referencing prior cases when Murrill stood behind maps that watered down Black voting strength.
Murrill firmly rejected Jenkins’ claims Thursday when reached by the Illuminator.
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“We absolutely disagree with everything that she said,” the attorney general said in an email from her spokesman. “We have vigorously defended this map, and we look forward to continuing to defend the map at the United States Supreme Court.”
Louisiana filed its own brief Dec. 19 that explains why it supports the map, Murrill said.
“Our brief urges the Supreme Court to uphold [the map] and provide clarity to states that, like Louisiana, are forced into endless litigation every time a new census requires redistricting,” the attorney general wrote.
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A group of non-Black 6th District voters sued in February to throw out the new version of the 6th District state lawmakers had approved the month before. A federal district judge ruled in the plaintiffs’ favor, and the U.S. 5th Circuit Court of Appeal upheld that decision.
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The Supreme Court has agreed to hear an appeal but gave its OK to use its boundaries for the Nov. 5 election. State Sen. Cleo Fields, D-Baton Rouge, won his way back to Congress in that race, having previously represented the 4th District from 1993-97. Coincidentally, the federal courts rejected that version of the 4th District because it was deemed an illegal racial gerrymander.
This is not the first time Murrill and the National Redistricting Foundation have crossed paths.
The group, founded in 2017, filed one of its very first lawsuits a year later against Louisiana for its congressional map that had just one majority-Black district out of its six U.S. House seats. The case timed out with the 2020 Census, which required a new round of congressional reapportionment anyway.
The foundation, with the NAACP’s Legal Defense Fund leading the way, successfully challenged a congressional map approved in 2022 – one that’s Murrill job to defend as attorney general – with just one majority-Black U.S. House seat in Louisiana. Before that decision could be appealed, its fate became clear in 2023 when the U.S. Supreme Court rejected Alabama’s congressional map that also shorted the state’s Black population.
At the time, legal analysts said the case for a second Black congressional district in Louisiana was even stronger than Alabama’s. So when Republican Gov. Jeff Landry took office in January, he and Murrill conceded the court fight over the 2022 map, and state lawmakers then convened for a special session to update the lines for the 6th District.
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When state legislators were given options in January, the NAACP and NRF backed a bill that created a more compact majority-Black seat out of the 5th District anchored in Northeast Louisiana and held by U.S. Rep. Julia Letlow, R-Start. The GOP-dominated Legislature instead chose to create a 6th District that stretches awkwardly between Baton Rouge and Northwest Louisiana, largely keeping intact Letlow’s district and the 4th District U.S. House Speaker Mike Johnson, R-Shreveport, represents
Jenkins was asked why her organization is now defending the new 6th District rather than suing to revive the revised 5th District it originally supported. She said it’s more important for justices to issue a ruling that ends a federal court pattern of “moving the goalposts” on the Voting Rights Act.
“This has been sort of a nonstop attack against enforcement of voting rights, protections for voters of color,” she said.
Republican attorneys general in other states have followed Louisiana’s redistricting court saga closely. Fourteen of them filed an amicus brief in a separate NAACP LDF lawsuit that argues state lawmakers underrepresented Black voters when they redrew districts for the Louisiana House of Representatives.
Murrill defended the Louisiana House map and didn’t join her Republican peers in the brief.
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NAACP Legal Defense Fund attorney Jared Evans said at the time the stakes in that case extend well beyond Louisiana.
“They know that if Section 2 is upheld, there are a lot of states that need to have additional … Black districts in their [state] house maps, but also in the congressional map, in the state school board maps and all of the other political boundaries,” Evans said.
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Jenkins highlighted another common thread between Louisiana and other states where Republicans have fought to constrain Black voting strength. The outside law firm Murrill has hired to assist the state in its defense, Holtzman Vogel, also defended what Jenkins called “egregious gerrymanders” in political maps for North Carolina and Ohio.
Drew Ensign, the Holtzman Vogel attorney working on Louisiana’s case, previously worked with Landry and Murrill when they led 24 states in a challenge of the Biden administration’s rejection of Trump-era immigration policy.
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Jenkins argues further that race and politics are intertwined. While drawing district lines based on racial makeup is illegal, she noted lawmakers are allowed to take politics into account — making the existing 6th District legally sound.
She contends that the Republican-led Louisiana Legislature and Landry steered the redistricting process to sacrifice Congressman Garret Graves, R-Baton Rouge from the 6th District.
Graves had fallen out of favor with Landry after choosing to back business lobbyist and longtime friend Stephen Waguespack in the 2023 governor’s race. He had also lost support from Louisiana’s hardcore GOP sect who viewed Graves as insufficiently supportive of Rep. Steve Scalise’s failed bid for U.S. House speaker.
“The Legislature had multiple pathways to create a … compliant map, but testimony from legislators showed that the boundaries of the new district were designed with political interests top of mind, specifically the uniquely partisan goal of favoring one incumbent,” Jenkins said, referring to Letlow.
With Republicans now in control of Congress, the outcome of this case isn’t likely to affect whatever momentum the incoming Trump administration builds for at least a couple of years. But if historical election patterns hold true and Democrats attain House control in the 2027 midterms, Louisiana’s two majority-Black seats might be key to that swing.
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Stay ahead of the curve with our weekly guide to the latest trends, fashion, relationships and more
Stay ahead of the curve with our weekly guide to the latest trends, fashion, relationships and more
One Louisiana-based couple celebrated the end of 2024 with an extraordinary delivery — quadruplet daughters.
On November 20, Farrah Larry went in for her cesarean section knowing she was about to give birth to four healthy baby girls. What she and her husband Peyton didn’t know was that their babies would come out as two sets of identical twins.
In conversation with People, the 29-year-old mother spoke about the remarkable birth, which occurred just before Thanksgiving.
“I was laughing and crying at the same time,” she remembered before adding: “My husband was about to pass out.”
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The happy couple, who met in college, found out they were having quadruplets only after they announced they were expecting in May 2024. Because they’d conceived their girls naturally, they were stunned to hear Farrah was carrying more than one baby.
According to the Journal of Family and Reproductive Health, the odds of conceiving quadruplets without any fertility treatment are large, falling somewhere between 1 and 512,000 or 1 and 677,000, not to mention the extremely rare outcome of having two sets of identical twins.
“Clearly God has a plan for these girls because the odds were against us. We’ve just got to trust Him,” Farrah said.
The new parents originally referred to the children as Baby A, B, C, and D, before they were named Paisley, Psalm, Lyric, and Fallyn. Paisley and Psalm are one set of twins, while Lyric and Fallyn are another.
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Peyton and Farrah left their monikers up to fate, picking each name from a random draw out of a brown bag.
“As the baby came out, he would pull out the name and say, ‘Alright, this is Lyric…,’” Farrah explained.
Each baby came out of the womb weighing about four pounds. They were placed in a neonatal intensive care unit for a few weeks before they were allowed to be released from the hospital.
“I’m sleeping maybe three and a half hours a night,” Farrah shared with People. “For diapers, we’re going through seven or eight a day, times four. We’re going through packs quickly. It’s the same for bottles; they eat like eight times a day.”
In 2023, an Alabama-based couple witnessed their own miracle, welcoming quadruplets, two sets of identical twins. The boys — David and Daniel — and the girls — Evelyn and Adeline — were carried by Hannah Carmack and welcomed via cesarean section when she was 27 weeks.