‘Cancer Alley’ Lawsuit Reversal sets Precedent for other Toxic Torts

Last year, the Fifth Circuit Court of Appeals ruled in a case involving dangerous industrial development in Inclusive Louisiana v. St. James Parish. The plaintiffs in the case were Inclusive Louisiana, Mount Triumph Baptist Church, and RISE St. James (two faith and community-based organizations and a church). They sued St. James Parish, the Parish Council, and the Parish Planning Commission claiming civil rights and constitutional violations related to discrimination by the Parish against them; the Parish directed dangerous industrial development toward majority-Black districts and Black churches, which also desecrated and limited access to their enslaved ancestors’ cemeteries. If you were harmed by hazardous industrial development, call the seasoned Chicago-based toxic torts lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved, all around the country.

Call Moll Law Group About Your Claim

In the case, the residents of St. James Parish, which is located in an 80-mile stretch of industrial corridor called “Cancer Alley” alleged that local land-use decisions resulted in a disproportionate share of petrochemical facilities in communities that were majority-Black. St. James Parish was divided into numbered districts. Most residents in the Fourth and Fifth Districts of the Parish are Black, while most residents in the Third and Seventh District are white.

The Parish has also had about two dozen large industrial facilities within it. Twenty of the facilities were allowed in the majority-Black Fourth and Fifth Districts, but no new industrial facilities were allowed to locate in the majority-white parts of the Parish over the last 46 years.

In 2014, the Parish adopted a land use plan that designated large portions of the majority- Black districts as “industrial” even though lots of people lived in those districts. No buffer zone was provided for the Black churches and schools but there were buffer zones for the white areas. The plaintiffs asserted that this Land Use plan was evidence of continuing racial discrimination.

Initially, at the federal district court level, all claims were dismissed. The district court held that the plaintiffs didn’t have standing for certain claims; this means they didn’t have a legal right to pursue the case because they hadn’t suffered an actual, concrete, and direct injury. Other lawsuits were time-barred because they arose from the Parish’s 2014 Land Use Plan. Religious injury claims were also dismissed.

The Court of Appeals for the Fifth Circuit reversed the dismissal. It found that the district court had incorrectly dismissed the claims as time-barred, since the plaintiffs were claiming ongoing discriminatory practices, not an isolated incident. The appellate court also determined the plaintiffs did have a legal right to bring a lawsuit for property injury and health related injury and that the plaintiffs had a legal right to sue under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Louisiana Constitution. The case was remanded for further proceedings at the district court level.

The case is under close scrutiny because it may have an impact on how other courts evaluate toxic torts cases that are associated with zoning decisions, exposure to pollution and community health impacts. Children, in particular, may suffer from greater exposure to industrial emissions in significantly industrialized areas.

Consult an Experienced Environmental Safety Attorney

If you or a loved one was harmed by hazardous industrial development, call the seasoned Chicago-based toxic tort lawyers of Moll Law Group to determine whether you have a viable basis to sue for damages.  If our firm can establish liability for dangerous or toxic chemical exposure, we may be able to recover economic and noneconomic damages on your behalf. We are committed to fighting for people around the country. Complete our online form or call us at 312.462.1700.