The court is already looming large in how the administration deals with potential oncoming legal challenges from conservative states. Last Tuesday, the Environmental Protection Agency announced that it would drop an investigation into whether Black communities living in an industry-heavy stretch of coastline in Louisiana suffered disproportionate cancer risks thanks to the state’s failure to regulate chemical plants there.
For decades, residents of the region, commonly referred to as “Cancer Alley,” have complained of health problems from petrochemical and oil facilities. According to the NAACP Legal Fund, one school district that sits half a mile from a chemical facility has a 25 percent higher incidence rate of all types of cancers compared to the rest of the state. The area has been the subject of countless media investigations over the past few decades, and Biden mentioned the region by name when signing a major environmental executive order at the start of his term.
The administration’s adoption of the case last year was seen as a substantial win for the environmental justice movement and a long-awaited chance to bring changes to Cancer Alley residents. But the EPA said last week, just two days before the affirmative action ruling was announced, that it had taken sufficient enforcement against Louisiana’s Departments of Health and Environmental Quality based on the deficiencies it found, and would not be pursuing a Civil Rights Act investigation.
The Biden administration has centered much of its environmental justice investigation and enforcement around Title VI of the Civil Rights Act, which prohibits racial discrimination in programs and entities receiving federal funds. Title VI has historically been used in areas like housing, education, and transportation, but the Biden administration has taken the idea for a new spin with regard to climate and health.
It’s seen some success with this strategy. Earlier this year, the Justice Department reached an agreement with the Alabama Department of Public Health, finding that the state had violated Title VI in neglecting to address sanitation conditions in the majority-Black Lowndes County. Residents have for decades complained about open sewage pits in their yards, high rates of disease, and a lack of help from the local government.
But in late May, Louisiana Attorney General Jeff Landry—who is also running for governor—filed suit against the EPA and the Biden administration. While the suit doesn’t specifically name the agency’s investigation into conditions in Cancer Alley, it claims that the EPA’s attempted use of Title VI in enforcement procedures oversteps its authority. The EPA has “lost sight of the agency’s actual environmental mission, and instead decided to moonlight as […] social justice warriors fixated on race,” Landry wrote.
The majority opinion in the Harvard case last week focused mostly on the constitutionality of race-based admissions rather than specific issues with Title VI. But in a concurring opinion, Justice Neil Gorsuch echoed some of Landry’s specific allegations about the use of Title VI. In the suit, Landry also raised the “major questions” doctrine, a conservative legal interpretation that aims to limit how much government agencies can do without explicit permission from Congress; the doctrine formed the bedrock of the court’s decision last year in West Virginia vs. EPA, which constrained the agency’s ability to regulate emissions from power plants. The doctrine was also brought up last week in the Biden v. Nebraska student loan ruling, suggesting that the question around what Congress explicitly allows specific agencies to do will be a continual theme in decisions to come.
Legal experts told the AP that it’s likely the EPA dropped the investigation in Louisiana in order to avoid the risk of this suit being brought before the right-wing court. But that raises questions of how the administration can otherwise help vulnerable communities—and it doesn’t mean anything to the residents of Cancer Alley, who have been living in environmentally dangerous conditions for years.
“I would never support the government abandoning their obligation,” Robert Taylor, a resident of St. John the Baptist Parish and founder and executive director of the Concerned Citizens of St. John, told The Washington Post. “It will not help the residents here. They know that we are the targets of these industries.… We have the least protection. And now the federal government can’t provide protection.”
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