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Battling Environmental Racism in Cancer Alley: A Legislative Approach

Published online by Cambridge University Press:  31 May 2024

Megan Resener Garofalo*
Affiliation:
DEPAUL UNIVERSITY COLLEGE OF LAW, CHICAGO, ILLINOIS, USA.

Abstract

This Paper argues that to protect at-risk communities — and all Americans — from the deadly effects of environmental racism, Congress must pass the Environmental Justice for All Act. The Act is intended to “restore, reaffirm, and reconcile environmental justice and civil rights.” It does so by restoring an individual’s right to sue in federal court for discrimination based on race, ethnicity, or national origin regardless of intent under the Civil Rights Act of 1964, strengthening the National Environmental Policy Act, and providing economic incentives focused on environmental justice.

Type
Columns: Antiracism Student Paper
Copyright
© The Author(s), 2024. Published by Cambridge University Press on behalf of American Society of Law, Medicine & Ethics

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References

Rosene, J., “Cancer Alley: A Case Study of Environmental Injustice and Solutions for Change ,” University of St. Thomas Journal of Law & Public Policy 16, no. 1 (2003): 501515 at 503-04.Google Scholar
Id., at 505.Google Scholar
Id., at 510.Google Scholar
Environmental Justice for All Act, S. 872, 117th Congress, 1st Session, (2021), available at <https://www.congress.gov/bill/117th-congress/senate-bill/872/text> (last visited March 25, 2024).+(last+visited+March+25,+2024).>Google Scholar
Klaus, H., Environmental Justice for All Act Would Address Generations of Environmental Racism, Center for Progressive Reform, Aug. 29, 2022, available at https://progressivereform.org/cpr-blog/ej-for-all-act-would-address-generations-environmental-racism/ ((last visited March 25, 2024)).Google Scholar
V. Peña-Parr, The Complicated History of Environmental Racism, University New Mexico Newsroom, Aug. 4, 2020, available at <http://news.unm.edu/news/the-complicated-history-of-environmental-racism> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
D’Jenaiya Bowser, 6 Types of Environmental Racism, Diversify Outdoors, July 20, 2022, available at <https://www.diversifyoutdoors.com/blog/2022/7/20/6-types-of-environmental-racism> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
D. Taylor and G, Torres, Yale Experts Explain Environmental Justice, Yale Sustainability Oct. 1, 2020, available at <https://sustainability.yale.edu/explainers/yale-experts-explain-environmental-justice> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Id., at 45.Google Scholar
Lee, supra note 13, at xi.Google Scholar
Melley, B., Sierra Club Calls out Founder John Muir for Racist Views, PBS, July 22, 2020, available at <https://www.pbs.org/newshour/nation/sierra-club-calls-out-founder-john-muir-for-racist-views> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Chang, Ailsa et al., National Parks Should Be Controlled by Indigenous Tribes, One Writer Argues, NPR, Apr. 15, 2021, available at <https://www.npr.org/2021/04/15/987787685/national-parks-should-be-controlled-by-Indigenous-tribes-one-writer-argues> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Lee, supra note 13, at xii.Google Scholar
Taylor, D. E., Toxic Communities: Environmental Racism, Industrial Pollution, and Residential Mobility (New York University Press, 2014): at 13-19.Google Scholar
B. Swart, The Passion of Aurora Castillo & The Militant Mothers of East L.A, 1992, available at <https://web.archive.org/web/20130927210647/http://www.socialjusticephotography.com/images/militant_mothers.pdf?b6e672e0> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Swart, supra note 44.Google Scholar
Sharma, A. et al., “Hazardous Effects of Petrochemical Industries: A Review,” Recent Advances in Petrochemical Science 25, no. 3 (Sept. 22, 2017).Google Scholar
2022 Chemical Sector Profile, CyberSecurity & Infrastructure Security Agency, page 4, March 2022, available at <https://www.cisa.gov/sites/default/files/2023-02/chemical_sector_profile_final_508_2022_0.pdf> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Resolute Research, A Rise in Petrochemical Capacity Expected by 2026, Valve World Americas Publisher, September 10, 2021, available at <https://valve-world-americas.com/a-rise-in-petrochemical-capacity-expected-by-2026/> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
A Guide to Petrochemicals, The Fossil Fuel Blindspot, FractTracker Alliance, available at <https://www.fractracker.org/petrochemicals/guide/#ej> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Lin, C.-Kuan et al., “Risks and Burden of Lung Cancer Incidence for Residential Petrochemical Industrial Complexes: A Meta-Analysis and Application,” Environmental International 121, no. 1 (2018): 404–14.Google ScholarPubMed
Id., at 19. Google Scholar
Castellón, supra note 56, at 17.Google Scholar
Singer, M., “Down Cancer Alley: The Lived Experience of Health and Environmental Suffering in Louisiana’s Chemical Corridor,” Medical Anthropology Quarterly 25, no. 2 (2011): 141–63 at 142.Google ScholarPubMed
Rosene, supra note 1, at 510.Google Scholar
Lavelle, M. and Coyle, M., “Unequal Protection: The Racial Divide in Environmental Law: A Special Investigation,” The National Law Journal 15, no. 3 (1992): 17, at 5.Google Scholar
Rosene, supra note 1, at 510.Google Scholar
T. Baurick, Welcome to “Cancer Alley,” Where Toxic Air Is About to Get Worse, ProPublica, Oct. 30, 2019, available at <https://www.propublica.org/article/welcome-to-cancer-alley-where-toxic-air-is-about-to-get-worse> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Castellón, supra note 56, at 23.Google Scholar
Castellón, supra note 56, at 28.Google Scholar
James, W. et al., “Uneven Magnitude of Disparities in Cancer Risks from Air Toxics,” International Journal of Environmental Research and Public Health 9, no. 12 (2012): 4366–85 at 4369.Google ScholarPubMed
Cancer Alley to contain elevated levels of seven compounds (formaldehyde, benzene, acetaldehyde, carbon tetrachloride, ethylene oxide, butadiene, and naphthalene) considered to be “risk drivers” for cancer, Id. Google Scholar
Id., at 4372.Google Scholar
Singer, supra note 66. at 152.Google Scholar
The Fourteenth Amendment states, in relevant part, “no State shall…deny to any person within its jurisdiction the equal protections of the laws,” U.S. Const. amend. XIV § 1 (1868); Gregory Roberts, R., “Environmental Justice and Community Empowerment: Learning from the Civil Rights Movement,” American University Law Review 48, no. 1 (1999): 229–67, at 234.Google Scholar
426 U.S. 229, 238-48 (1976).Google Scholar
Faerstein, B., “Resurrecting Equal Protection Challenges to Environmental Inequity: A Deliberately Indifferent Optimistic Approach,” University of Pennsylvania Journal of Constitutional Law 7, no. 2 (2004): 561–89, at 566.Google Scholar
Roberts, supra note 100.Google Scholar
Id., at 235.Google Scholar
768 F.Supp. 1144, 1146 (1991).Google Scholar
Id., at 1149-50.Google Scholar
Faerstein, supra note 104 at 568.Google Scholar
Cole, L. W., “Environmental Justice Litigation: Another Stone in David’s Sling, Fordham Urban Law Journal 21, no. 3 (1994): 523545, at 541.Google Scholar
Roberts, supra note 100.Google Scholar
Id.; 42 U.S.C. § 2000d (1994).Google Scholar
See Alexander v. Choate, 469 U.S. 287 (1985).Google Scholar
Section 602 states in relevant part, “each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity…is authorized and directed to effectuate the provisions of section 601…by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken,” 42 U.S.C. § 2000-1; Roberts, supra note 100 at 236.Google Scholar
Roberts, supra note 100 at 236.Google Scholar
Latham Worsham, J. B., “Disparate Impact Lawsuits Under Title VI, Section 602: Can a Legal Tool Build Environmental Justice,” Boston College Environmental Affairs Law Review 27, no. 4 (2000): 631706, at 657.Google Scholar
Exec. Order No. 12.898Google Scholar
Roberts, supra note 100, at 240.Google Scholar
Id., at 241.Google Scholar
Id., at 250.Google Scholar
T. Buford and K. Lombardi, Report Slams EPA Civil Rights Compliance, Center for Public Integrity, Mar. 2, 2023, available at <https://publicintegrity.org/environment/pollution/environmental-justice-denied/report-slams-epa-civil-rights-compliance/> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
See Novak et al., Federal Court Still Requires EPA to Enforce Civil Rights, EarthJustice, Oct. 2, 2020, available at <https://earthjustice.org/press/2020/federal-court-requires-epa-to-enforce-civil-rights> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
M. Bruning, EPA Finds Evidence of Racial Discrimination in Cancer Alley, The Regulatory Review, Mar. 21, 2023, available at <https://www.theregreview.org/2023/03/21/bruning-epa-finds-evidence-of-racial-discrimination-in-cancer-alley/> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
For more information on how the EPA failed to address claims of environmental racism see, Y. Cabrera, J. Smith Hopkins, and G. Moan, “EPA Promised to Address Environmental Racism. Then States Pushed Back,” The Center for Public Integrity, Oct. 25, 2023, available at <https://publicintegrity.org/environment/pollution/environmental-justice-denied/environmental-justice-epa-civil-rightsstory/#:~:text=For%20decades%2C%20EPA%20has%20effectively,discrimination%20by%20federally%20funded%20programs> (last visited January 20, 2024).+(last+visited+January+20,+2024).>Google Scholar
Basic Information on Enforcement, U.S. Environmental Protection Agency, Dec. 18, 2023, available at <https://www.epa.gov/enforcement/basic-information-enforcement> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Cole, supra note 113, at 526.Google Scholar
Id. at 527.Google Scholar
L. Friedman, “In ‘Cancer Alley,’ Judge Blocks Huge Petrochemical Plant,” The New York Times, Sept. 15, 2022, available at <https://www.nytimes.com/2022/09/15/climate/louisiana-judge-blocks-formosa-plant.html> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Environmental Justice for All Act, S. 872, 117th Congress, 1st Session, (2021), available at <https://www.congress.gov/bill/117th-congress/senate-bill/872/text> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Environmental Justice for All Act, S. 872, 117th Congress, 1st Session, (2021), available at <https://www.congress.gov/bill/117th-congress/house-bill/2021/cosponsors> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Environmental Justice for All Act, H.R. 2021, 117th Congress, (2021), available at <https://www.congress.gov/bill/117th-congress/senate-bill/872/committees> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Environmental Justice for All Act, H.R. 2021, 117th Congress, (2021), available at <https://www.congress.gov/bill/117th-congress/house-bill/2021/all-actions> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
H. Klaus, Environmental Justice for All Act Would Address Generations of Environmental Racism, Center for Progressive Reform, Aug. 29, 2022, available at <https://progressivereform.org/cpr-blog/ej-for-all-act-would-address-generations-environmental-racism/> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Environmental Justice for All Act, H.R. 2021, 117th Congress, (2021), available at <https://www.congress.gov/bill/117th-congress/house-bill/2021/text#toc-H949238986B3348F3BE22F028184A2BD> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Y. Lam and S. Imperiale, The Promise of the Environmental Justice for All Act, Natural Resources Defense Council, Apr. 8, 2022, available at <https://www.nrdc.org/bio/yukyan-lam/promise-environmental-justice-all-act> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Rep. R. Grijalva, Environmental Justice for All Act Fact Sheet, Office of Rep. Raul Grijalva, Mar. 2023, available at <https://democrats-naturalresources.house.gov/imo/media/doc/2023.03%20Fact%20Sheet_EJ%20for%20All%20Act.pdf> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Klaus, supra note 156.Google Scholar
P. Orum et al., Who’s in Danger? Race, Poverty and Chemical Disasters, Environmental Justice and Health Alliance for Chemical Policy Reform, 26, May 2014, available at <https://comingcleaninc.org/assets/media/images/Reports/Who’s%20in%20Danger%20Report%20FINAL.pdf> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Latino Communities and the Climate Crisis, Environmental Defense Fund available at <https://www.edf.org/sites/default/files/documents/LatinosandtheClimateCrisis_Factsheet_Oct2020_Final3.pdf> (last visited on January 20, 2024).+(last+visited+on+January+20,+2024).>Google Scholar
Lee, supra note 11.Google Scholar