Louisiana
U.S. court to review civil rights lawsuit alleging environmental racism in a Louisiana parish
NEW ORLEANS — A federal appellate court is set to hear oral arguments Monday in 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 Circuit Court of Appeals in New Orleans is reviewing 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.
The plaintiffs note 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.
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.
In the Louisiana case, U.S. District Judge Carl Barbier of the Eastern District of Louisiana in November 2023 dismissed the lawsuit largely on procedural grounds, ruling the plaintiffs had filed their complaint too late. But he added, “this Court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”
Barbier said the lawsuit hinged primarily on the parish’s 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. The plaintiffs missed the legal window to sue the parish, the judge ruled.
Yet the parish’s land-use plan is just one piece of evidence among many revealing ongoing discrimination against Black residents in the parish, said Pamela Spees, a lawyer for the Center of Constitutional Rights representing the plaintiffs. They are challenging Barbier’s ruling under the “continuing violations” doctrine on the grounds that discriminatory parish governance persists, allowing for industrial expansion in primarily Black areas.
The lawsuit highlights the parish’s decision in August 2022 to impose a moratorium on large solar complexes after a proposed 3,900-acre 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.
These community members “have tried at every turn to simply have their humanity and dignity be seen and acknowledged,” Spees said. “That’s just been completely disregarded by the local government and has been for generations.”
Another part of the complaint 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.
At its core, the complaint 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.
Lawyers for St. James Parish said the lawsuit employed overreaching claims and “inflammatory rhetoric.” St. James Parish did not respond to a request for comment.
“The Civil War ain’t never been over,” said lifelong St. James Parish resident Gail LeBoeuf, 72, a plaintiff in the case who co-founded the local environmental justice organization Inclusive Louisiana. “They’re trying to destroy the Black people in this country in any way they can.”
LeBoeuf, who lives 1 mile (1.6 kilometers) from an alumina plant, was diagnosed with cancer in 2022 and blames her illness on the high levels of industrial pollution she has been exposed to for decades. She acknowledges the link cannot be proven but counters there is no way to prove industrial pollution was not the reason.
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. In August, a federal judge barred the EPA from using the Civil Rights Act to fight industrial pollution alleged to have disproportionately affected minority communities in Louisiana.
Besides a moratorium on industrial expansion in the parish, LeBoeuf’s organization calls for real-time air monitoring of pollution and buffer zones around residential areas.
Community groups have battled for years against plans by Taiwanese company Formosa to build a $9.4 billion plastics plant near a predominantly Black town in the parish.
LeBoeuf and other prominent, local environmental activists met with White House officials in September to discuss the Biden administration’s progress in responding to concerns raised by United Nations human rights experts over industrial expansion in the Chemical Corridor.
LeBoeuf said she had rescheduled a doctor’s appointment to meet with White House officials. She believes her advocacy for environmental justice is just as important a cure for her community as her ongoing chemotherapy treatment is for her body.
“Both are medicine,” LeBoeuf said. “Fighting is medicine.”
Louisiana
Letters: Following up with utility companies after Francine
The unfortunate reality of southeast Louisiana is that not only do we have to be prepared for hurricanes, we have to be ready for the prolonged power outages that follow. Without power, our homes reach dangerous temperatures, our small businesses lose revenue and our medically vulnerable neighbors suffer. As a public service commissioner, I am responsible for ensuring those outages are as brief and infrequent as possible. That is why I spent the days following Hurricane Francine alongside Entergy Louisiana and DEMCO in the field and at their command centers to fully understand their restoration operations and planning.
What I saw was the mobilization of 6,000 linemen to restore electricity to 409,000 Louisiana customers and estimated restoration times being communicated within 24 hours of the storm. I saw work crews working all hours to clear fallen vegetation that accounted for the majority of outages. And as always, I saw Louisianans working together to take care of their neighbors and communities.
However, we know Francine was not a one-off event, it was a stress test of our system. Because of this, I will be asking utility companies for complete post-mortem reports. I will also continue to double down on the grid performance work needed to provide better outcomes next time. For me, this means prioritizing three ongoing commission proceedings in particular: continuing to explore the best options for pole viability and attachments; keeping a close eye on reliability and maintenance standards, including the penalization of fair weather outages and long-duration outages; and fast-tracking our resilience and grid-hardening docket to ensure that companies are making appropriate investments and enhancing technologies to keep us safe.
I’m grateful for the work utility companies put in to ensure a broad and efficient recovery from Francine. I will also continue to hold them accountable to proving their commitment to reliability and resiliency in preparation for the next storm.
DAVANTE LEWIS
public service commissioner, District 3
Louisiana
Alexandria band inducted into the Louisiana Music Hall of Fame
ALEXANDRIA, La. (KALB) – The Romeos formed in Alexandria in the late 70′s and on Saturday, October 5, the group was inducted into the Louisiana Music Hall of Fame.
Through a deal with Columbia Records, The Romeos released a studio album in 1980, entitled Rock and Roll and Love and Death. The album featured hit songs like Daddy Daddy and Seriously Affected.
Dan Diefenderfer and Jerry Honigman, two of the band’s founding members, were in Alexandria for Saturday’s ceremony at Spirits Food & Friends. We asked the two how they felt about the honor.
“To be admitted to the Louisiana Music Hall of Fame is a great honor and I am just tremendously humbled,” said Dan Diefenderfer.
“It’s the nicest thing that can happen being from Louisiana and growing up in the Louisiana culture and then to be honored as being a part of it is very, very nice,” said Jerry Honigman
At the end of the induction Alexandria Mayor Jacque Roy declared October 5 to be ‘The Romeos’ Day.
Click here to report a typo. Please provide the title of the article in your email.
Copyright 2024 KALB. All rights reserved.
Louisiana
From bayou to barbecue: Mudbug Cajun Po' Boys brings taste of Louisiana to Kansas City
KANSAS CITY, Mo. — You can’t find a po’boy at GEHA Field at Arrowhead Stadium, but you can find one at Mudbug Cajun Po’ Boys in Kansas City, Missouri.
“It reminds people of grandma’s cooking,” Chris Jones said.
With the Saints coming to town Monday night, Chris and Heather Jones, owners of Mudbug Cajun Po’ Boys, said they know what it feels like to miss food that reminds you of home.
Chris and Heather grew up in the South — Heather in Mississippi and Chris in Shreveport, Louisiana.
But now that they live in the home of the Chiefs, they’re bringing traditional Cajun with a touch of Kansas City to the table.
“A lot of culinary creativeness in our menu,” Chris Jones said, referring to the pulled pork po’boy on the menu.
Of course, Heather said they still serve the classics.
“Our jambalaya is real good, our gumbo is real good; we serve it all,” she said.
However, many would be surprised where the couple’s football loyalties lie.
“Living in Mississippi, we didn’t have a professional team. So, of course, we were fans of the Saints,” Heather Jones said. “For him, being from Louisiana, he’s a Saints fan. But we live here in Kansas City, so we’re Chiefs fans. It’s like a dual citizenship.”
Chris said Chiefs Kingdom is one of the reasons he converted as a fan.
“Here in Kansas City, I’ve much enjoyed the community and how riled up they get about the Chiefs,” Chris Jones said.
Come Monday night, Chris and Heather said they know who they’ll be cheering for.
“We are here for the Chiefs,” Heather Jones said.
Mudbug Cajun Po’ Boys is located at 3524 NE Vivion Rd., Kansas City, Missouri, 64119.
—
KSHB 41 reporter Olivia Acree covers portions of Johnson County, Kansas. Share your story idea with Olivia.
-
Technology5 days ago
Charter will offer Peacock for free with some cable subscriptions next year
-
World4 days ago
Ukrainian stronghold Vuhledar falls to Russian offensive after two years of bombardment
-
World4 days ago
WikiLeaks’ Julian Assange says he pleaded ‘guilty to journalism’ in order to be freed
-
Technology4 days ago
Beware of fraudsters posing as government officials trying to steal your cash
-
Health2 days ago
Health, happiness and helping others are vital parts of free and responsible society, Founding Fathers taught
-
Virginia6 days ago
Status for Daniels and Green still uncertain for this week against Virginia Tech; Reuben done for season
-
Sports3 days ago
Freddie Freeman says his ankle sprain is worst injury he's ever tried to play through
-
News2 days ago
Lebanon says 50 medics killed in past three days as Israel extends its bombardment