Federal Court Temporarily Halts EPA's Environmental Justice Rules in Louisiana
A federal court in Louisiana has temporarily barred the Environmental Protection Agency (EPA) and the Department of Justice from enforcing certain environmental justice rules. The state argued that the EPA's disparate impact requirements under Title VI of the Civil Rights Act exceeded its authority.
The court granted Louisiana's request for a preliminary injunction, preventing the EPA and DOJ from enforcing any disparate impact or cumulative impact-based requirements against the state. This injunction does not affect the consideration of these impacts under the National Environmental Policy Act (NEPA) or a recent Louisiana appellate court's ruling on environmental justice in state permitting.
The lawsuit, Louisiana v. EPA, was sparked by EPA-led investigations into Louisiana's air permitting decisions, which allegedly created disparate adverse impacts on minority residents. Louisiana argued that these requirements were beyond the EPA's statutory authority. The EPA moved to dismiss the suit after closing its investigations, but Louisiana maintained its standing due to ongoing regulation and costs.
The federal district court ruled that Louisiana had standing and that its claims were not moot, finding a real possibility that the EPA could enforce its mandates again. Permit applicants in Louisiana are advised to remain vigilant in conducting robust environmental justice analyses and maintaining thorough documentation in the permitting record.
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