EPA Letter Of Concern Cements Use Of Title VI/Environmental Justice As Permit Challenge Tool

On October 12, 2022, the Office of Environmental Justice and External Civil Rights of the U.S. Environmental Protection Agency (EPA) issued a Letter of Concern setting forth its initial analysis and recommendations in response to three NGO administrative complaints alleging that the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH) violated Title VI of the Civil Rights Act of 1964 (Title VI) and EPA's nondiscrimination regulations at 40 C.F.R. Parts 5 and 7. Title VI prohibits intentional discrimination and acts that have a disparate impact on the basis of race, color, or national origin.

EPA's investigation found "significant evidence" that the actions and inactions by LDEQ and LDH resulted in "disparate adverse impacts" on Black residents of St. John the Baptist Parish, St. James Parish, and the so-called Industrial Corridor, sometimes also referred to as "Cancer Alley." EPA further raised concerns that LDEQ and