Three community groups in St. James Parish asked a federal appeals court to revive their lawsuit against the local government on Monday. The lawsuit seeks to pause the construction of new chemical plants near their homes, which are all located within "Cancer Alley," a heavily industrialized, 85-mile stretch of land along the Mississippi River.
In the lawsuit, Rise St. James, Inclusive Louisiana and Mount Triumph Baptist Church members accuse the parish of a longstanding pattern of discrimination by encouraging the construction of chemical plants in their two majority-Black districts. The districts have five times as many plants as the parish’s four majority-white districts.
Due to the area’s pollution, residents have suffered from health issues and property values have declined. Some of the plants have also destroyed unmarked burial sites and cemeteries, the suit claims. They argue the parish is at least partly responsible since it approved the construction of the facilities.
Nearly a year ago, the U.S. District Court for the Eastern District of Louisiana dismissed the groups’ claims. Judge Carl Barbier ruled that the plaintiffs waited too long to sue because most of the lawsuit’s allegations centered on a land use plan created in 2014. He also found that the parish wasn’t responsible for private companies preventing access to burial sites as it doesn’t own the property.
On Monday, the local groups asked the Fifth Circuit Court of Appeals’ three-judge panel to overturn the district court’s dismissal. The attorneys argued that the lawsuit targets “an unlawful pattern and practice” that extends beyond the 2014 land use plan that began before the creation of the plan and continues to exist.
“What we tried to convey in there is the fact that this has been going on so long is a reason to fast track this case, not suggest that it was brought too late,” said Center for Constitutional Rights attorney Pam Spees, who represents two of the groups.
She added that the parish has made discriminatory decisions “that have nothing to do with the land use plan,” pointing to a meeting in 2023 when the council paused the development of solar farms due to concerns from white residents and then refused to consider a pause on new industrial development.
In the courtroom, Judge Catharina Haynes questioned the parish’s argument that there is a restriction on how long someone has to sue over ongoing discrimination.
“It makes it sound like if you didn’t sue within a year, then you can be discriminated against in a bunch of different ways for eternity,” she said.
The parish’s attorney argued that the St. James residents don’t have enough grounds to accuse the government of continuously violating their constitutional rights. The parish continued to argue the 2014 plan was the single, possible violation, and the consequences of that plan weren’t unlawful.
The parish also urged the appellate court to uphold the district court’s decision to throw out the group’s religious discrimination claims, given that the parish doesn’t own the land itself.
Spees and Tulane Environmental Law Clinic student-lawyer Jack Dean argued that the parish is the primary regulator for how local lands are used. They say it's on the parish to ensure projects will avoid harm before approving applications.
“What the case law says is that even though they may not be the last link in the chain that causes harm, if they are in that chain, then there’s some liability there,” Spees said.
Gail LeBoeuf, who co-founded Inclusive Louisiana, said they were hopeful after Monday’s hearing. She hopes the lawsuit will result in a moratorium on new chemical plants and pause plans for expansion.
“This moratorium lawsuit most of all is a shining light inside of the tunnel,” she said. “And the light at the end of the tunnel is equal justice for all.”
The three-panel judge will decide whether to uphold the district court’s ruling or send the case back for review sometime over the next few months.
