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Inclusive Louisiana v. St. James Parish

The Fifth Circuit reversed a district court's dismissal of a discrimination challenge brought against St. James Parish in Louisiana. Two faith- and community-based groups argued the Parish had discriminated against them by directing hazardous industrial facility development toward majority-Black dis...

Louisiana v. U S Environmental Protection Agency

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...

Inclusive Louisiana v. St. James Parish

A district court dismissed a civil rights challenge to St. James Parish's adoption of a land use plan in 2014. Nonprofit and religious groups argued their members were residents of the Parish descended from formerly enslaved people whose civil liberties, property rights, and religious rights were vi...

Friends of Buckingham v. State Air Pollution Control Board

The Fourth Circuit vacated the Virginia Air Pollution Control Board's approval of a permit for construction of a compressor station associated with a natural gas pipeline in an historically African-American community. Environmental groups argued that the Board erred in failing to make any findings r...

Padres Hacia Una Vida Mejor v. Jackson

A district court held that a low-income community association may go forward with its claim against EPA for failing to issue preliminary findings and recommendations for voluntary compliance in response to a Title VI complaint concerning the siting, permitting, expansion, and operation of toxic ...

South Camden Citizens in Action v. New Jersey Dep't of Envtl. Protection

The court holds that despite the U.S. Supreme Court holding in Alexander v. Sandoval, 121 S. Ct. 1511 (2001), that there is no private right-of-action to enforce disparate impact regulations promulgated under Civil Rights Act Title VI, §602, a community group may enforce the U.S. Environmental Prot...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing competent proof that three of the defendant target corporations dispo...

Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 cost recovery actions are not available to potentially responsible parties (PRPs) and that divisibility of harm is not a defense to §113 contribution claims. The court first holds that CERCLA d...

In re Tutu Wells Contamination Litig.

The court holds that summary judgment cannot be granted on the issue of corporate officers' Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) liability, but a successor corporation may be held liable under CERCLA. After a U.S. Virgin Islands clothing manufacturer dissol...

Andritz Sprout-Bauer, Inc. v. Beazer E., Inc.

The court denies a landowner's motion for partial summary judgment on claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Pennsylvania Hazardous Sites Cleanup Act (PaHSCA) against a wire rope manufacturer that previously owned a portion of the cont...