ELR Citation: 54 ELR 20014
No(s). 2:23-CV-00692 (W.D. La. Jan 23, 2024) (Cain, J.)

A district court granted the state of Louisiana's request to block EPA and DOJ from imposing disparate impact mandates under Title VI of the Civil Rights Act. The state argued the agencies were attempting to create disparate impact mandates under Title VI by regulation without having authority to do so. The court found the agencies had constructed Title VI to allow regulation beyond the statute's plain text, and thus invaded the state's domain. The state also challenged EPA's cumulative impact mandates, which the court found were more than mere suggestions and carried a real threat of enforcement. The court further found the mandates imposed substantial costs on the state, and that the state was entitled to clarity concerning the agencies' power to regulate beyond the plain text of Title VI. It enjoined the agencies from imposing or enforcing any disparate impact-based requirements against the state or any state agency under Title VI and from imposing or enforcing any Title VI-based requirements unless they were ratified by the president and based on requirements found within the four corners of EPA's disparate impact regulations.