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.
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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.
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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.
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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.
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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.”
A Louisiana babysitter was arrested after a toddler fell into a pool and drowned after being left underwater for 20 minutes, according to authorities.
Joann Johnson, 37, was charged with one count of negligent homicide on Wednesday after the 3-year-old boy died in her in-home daycare in Prairieville on May 18, according to the Ascension Parish Sheriff’s Office.
Joann Johnson, 37, was arrested after a toddler fell into a pool at her in-home daycare and drowned after being left underwater for 20 minutes. Ascension Parish Sheriff’s Office
Two young children in Johnson’s care were playing in the backyard that afternoon, “without any safety wear,” when the 3-year-old fell into the pool and drowned, cops wrote in a statement.
The toddler was unconscious for a whopping 20 minutes before Johnson was seen on surveillance footage pulling him out of the water, police said.
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Emergency responders rushed to revive the boy with CPR, but he was ultimately pronounced dead at a local hospital.
Emergency responders rushed to revive the boy with CPR, but he was ultimately pronounced dead at a local hospital.
Police filed an arrest warrant for Johnson following an investigation. The babysitter turned herself in on Wednesday and was booked into the Ascension Parish Jail.
Drowning is the number one cause of death for children 1-4 years old in the US, according to the Centers for Disease Control and Prevention.
RUSTON, La. (KNOE) – Louisiana Tech University’s College of Education and Human Sciences announced it has established a new Center for Literacy and Learning designed to expand evidence-based reading support for children and professional development for educators across North Louisiana.
The university’s Department of Curriculum, Instruction, and Leadership said the launch of the Center for Literacy and Learning at Louisiana Tech, also known as L3, will provide diagnostic assessments, tutoring and workshop opportunities, combining academic research with hands-on clinical practice.
“As literacy rates and reading achievement continue to present challenges across Louisiana and the nation, the Center for Literacy and Learning is rooted in supporting evidence-based instruction, applied research, and community partnerships,” said Dr. Dustin Whitlock, interim department head of Curriculum, Instruction, and Leadership.
Officials said planning for the center began more than a decade ago as faculty sought to expand literacy services for local schools and the surrounding community, but the effort faced delays due to space and funding challenges.
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University leaders said momentum increased after faculty partnered with the Louisiana Department of Education and literacy experts nationwide to create a professional learning course for Louisiana K-3 educators. The course, “The Science and Art of Teaching Reading,” focuses on structured literacy practices aligned with Science of Reading research. Louisiana Tech said funding connected to the course and the state education department helped make the center possible.
Megan Hunt, a teacher at A.E. Phillips Laboratory School, was selected to lead the center. Whitlock said Hunt brings a strong background in foundational literacy instruction and is working toward becoming a certified UFLI coach.
“Mrs. Hunt’s skill and expertise allow her to support both students and educators through high-quality literacy instruction and professional learning,” Whitlock said.
Hunt said the center is aimed at building long-term support for literacy instruction through collaboration with districts, families and community partners.
“Literacy affects all aspects of life and is ultimately how people access opportunity and how communities grow stronger,” Hunt said. “When children become proficient readers, it represents more than just academic progress; it changes the trajectory of their lives.”
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Local school leaders also praised the partnership. Michelle Thrower, K-2 facilitator for Lincoln Parish Schools, said professional development and resources connected to Louisiana Tech have supported literacy growth in the district.
“Our collaboration with Louisiana Tech has been a cornerstone of our success in elevating literacy proficiency across Lincoln Parish Schools,” Thrower said, citing DIBELS growth tied to the UFLI Foundations curriculum in K-2.
Louisiana Tech said the center will operate through three main components:
The Literacy Clinic
The Literacy Institute
The Literacy Resource Center.
The center is expected to provide individualized assessments, targeted intervention services, literacy workshops and educator professional development.
Officials said the components will be developed in phases over the next few years.
For more information, Louisiana Tech said the public can contact Dr. Dustin Whitlock at whitlock@latech.edu.
The U.S. Department of Energy announced Tuesday that Louisiana was one of the few states chosen for a $134 million rare earth element initiative in a move that would give the U.S. more independence from China, Reuters reports.
ElementUSA has been awarded about $67 million for a rare earth refining facility projected to cost $850 million in St. John the Baptist Parish to ramp up its production of core material for military vehicles, naval ships and aircrafts.
Louisiana’s rare earth element initiatives are aimed at relocating the critical American minerals supply chain for electric vehicles, renewable energy and national defense. The minerals include bauxite residue, which is a waste product from aluminium production. The plant is expected to produce roughly 150-1,000 metric tons of rare earths annually.
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Oklahoma was also chosen to receive grant money for a refining facility in Tulsa.
