Louisiana
U.S. court to review civil rights lawsuit alleging environmental racism in a Louisiana parish
From left, Myrtle Felton, Sharon Lavigne, Gail LeBoeuf and Rita Cooper conduct a livestream video on property owned by Formosa on March 11, 2020, in St. James Parish, La. LeBoeuf, a co-founder of Inclusive Louisiana, has liver cancer, which she acknowledged can’t be traced back to petrochemical plant pollution with certainty, but said it can’t be ruled out either. Gerald Herbert/Associated Press file
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.
EPA Administrator Michael Regan stands near the Marathon Petroleum Refinery as he tours neighborhoods that abut the refinery, in Reserve, La., on Nov. 16, 2021. A lawsuit filed by residents of a Louisiana parish located in the heart of a cluster of polluting petrochemical factories raises allegations of civil rights, environmental justice and religious liberty violations. Gerald Herbert/Associated Press file
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
Mom whose 3 children were killed in Louisiana mass shooting still has bullet lodged in face — and sometimes thinks kids are alive
The mother of three of the eight children massacred by deranged Army veteran dad Shamar Elkins in Louisiana still has a bullet lodged in her head and is struggling with her memory — sometimes believing her kids are still alive, according to a relative.
Christina Snow, the girlfriend of 31-year-old Shamar Elkins, was shot in the face early Sunday when the former National Guardsman went on a shooting rampage at two nearby homes in Shreveport.
Three of Snow’s children she shared with Elkins — Braylon Snow, 5, Khedarrion Snow, 6, and Sariahh Snow, 11 — were killed in their home.
Elkins fired a bullet through Snow’s nose which is lodged in her head, and doctors aren’t ready to risk surgery, according to her cousin Jamarckus Snow.
The mom is now dealing with heartbreaking memory loss about the fate of her kids.
“One day, she’ll remember they’re dead. I heard yesterday she woke up and was like, ‘I got to get my kids ready for school.’ She’ll lose memory of what happened,” he told NBC News.
“One day, she’ll know, and the next day, she’s thinking her kids is still there.”
Follow the latest updates on the Louisiana father who killed 8 children in Shreveport shooting:
Elkins fatally shot his seven children — the three he shared with Snow and his four daughters with his wife, Shaneiqua Pugh: Jayla Elkins, 3, Shayla Elkins, 5, Kayla Pugh, 6, and Layla Pugh, 7.
He also killed Mar’Kaydon Pugh, 10, the son of his wife’s sister, who was staying at their house.
The vet turned his gun on Pugh and Snow, too, severely wounding both women, who are still in the hospital.
Elkins shot himself in the driveway of his former military mentor as law enforcement closed in.
The motive for the shooting remains unclear, but Elkins was suffering from mental health issues and was scheduled to appear in court on Monday after Pugh asked him for a divorce.
Louisiana
Federal appeals court upholds Texas’ Ten Commandments law. What does it mean for Louisiana?
A federal appeals court on Tuesday upheld a Texas law requiring public schools to post the Ten Commandments, just weeks after the same court allowed a similar Louisiana law to take effect.
A majority of judges on the 5th U.S. Circuit Court of Appeals ruled that Texas’ law, which is nearly identical to Louisiana’s, is constitutional and does not violate students’ religious freedom. In February, the court lifted an injunction on Louisiana’s law, which cleared schools to put up the posters, but the judges said it was too early to rule on that law’s constitutionality.
Tuesday’s ruling could bode well for Louisiana’s law if it eventually returns to the 5th Circuit, considered the country’s most conservative federal court of appeals.
In their majority opinion, the judges rejected the argument that posting the Ten Commandments in classrooms would pressure students to honor the biblical mandates or adopt particular beliefs.
“To plaintiffs, merely exposing children to religious language is enough to make the displays engines of coercive indoctrination. We disagree,” the majority wrote about the Texas law, known as S.B. 10. A minority of the court’s active judges dissented.
Even though Tuesday’s ruling only addressed the Texas case, defenders of Louisiana’s legislation celebrated it as a victory. Louisiana Attorney General Liz Murrill said the 5th Circuit’s argument in upholding Texas’ law was identical to the one Louisiana made in defense of its law.
“Our law clearly was always constitutional,” she posted on X, “and I am grateful that the Fifth Circuit has now definitively agreed with us.”
Louisiana’s Republican-controlled Legislature passed the law in 2024, which requires all public K-12 schools and colleges to display the Ten Commandments in every classroom. A group of parents quickly challenged the law in court, and a federal judge issued a preliminary injunction that stopped the state from enforcing the law.
In February, the 5th Circuit reversed the lower court’s decision, saying it had been premature to block the law before it took effect. The judges said they could not rule on the law’s constitutionality before seeing how it played out in schools.
But in the case of Texas’ law, which that state’s Republican-led Legislature passed in 2025, the court did rule on the merits.
Rejecting arguments made by attorneys for the Texas families who challenged the law, the 5th Circuit majority said that requiring public schools to post the Ten Commandments does not amount to the government endorsing a particular religion, which the U.S. Constitution forbids. The law also does not impose religious beliefs on students, the judges wrote.
“As noted, S.B. 10 authorizes no religious instruction and gives teachers no license to contradict children’s religious beliefs (or their parents’),” the majority opinion says. “No child is made to recite the Commandments, believe them, or affirm their divine origin.”
The Texas families were represented by the American Civil Liberties Union, ACLU of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with the law firm Simpson Thacher & Bartlett LLP serving as pro bono counsel. The same groups, including Louisiana’s ACLU chapter, represented the Louisiana families.
In a statement Tuesday, the organizations said they are “extremely disappointed” by the 5th Circuit’s ruling, adding that they expect to appeal to the U.S. Supreme Court.
“The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction,” the groups said. “This decision tramples those rights.”
Nearly all major industries in Louisiana added jobs over the past year, signaling momentum for a stronger future, according to a recent report from Leaders for a Better Louisiana.
The organizat…
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